Privacy Policy

Privacy Policy

Privacy Policy

The data controller is:

Sandra Kirschbaum

Schweerstr. 1

Witten

Email: info@kirschbaum-shop.de

Telephone: 0230297050

Thank you for your interest in our online shop. Protecting your privacy is very important to us. Below, we provide detailed information on how we handle your data.

1. Access data and hosting

You can visit our website without providing any personal details. Each time you access a webpage, the web server automatically stores a so-called server log file containing, for example, the name of the requested file, your IP address, the date and time of the visit, the amount of data transferred and the requesting provider (access data), and documents the visit. This access data is evaluated solely for the purpose of ensuring the smooth operation of the site and improving our offering. This serves to safeguard our legitimate interests, which prevail following a balancing of interests, in the correct presentation of our services in accordance with Article 6(1)(f) of the GDPR. All access data is deleted no later than seven days after the end of your visit to the site.

2. Data processing for contract fulfilment and for establishing contact

2.1 Data processing for contract fulfilment

For the purpose of contract processing (including enquiries regarding and the handling of any existing warranty and performance-related claims, as well as any statutory update obligations) in accordance with Article 6(1)(b) of the GDPR, we collect personal data if you voluntarily provide it to us as part of your order. Mandatory fields are marked as such, as in these cases we require the data for the performance of the contract and cannot dispatch the order without it. The data collected is indicated in the respective input forms.

Further information on the processing of your data, in particular regarding its disclosure to our service providers for the purposes of order, payment and dispatch processing, can be found in the following sections of this privacy policy. Once the contract has been fully processed, your data will be restricted for further processing and deleted after the expiry of the retention periods under tax and commercial law in accordance with Article 6(1)(c) of the GDPR, unless you have expressly consented to the further use of your data in accordance with Article 6(1)(a) of the GDPR, or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy.

2.2 Customer account

Insofar as you have given your consent to this in accordance with Article 6(1)(a) of the GDPR by deciding to open a customer account, we use your data for the purpose of opening the customer account and for storing your data for future orders on our website. You may delete your customer account at any time, either by contacting us via the contact details provided in this privacy policy or by using the function provided for this purpose within your customer account. Once your customer account has been deleted, your data will be deleted, unless you have expressly consented to the further use of your data in accordance with Article 6(1)(a) of the GDPR, or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy.

2.3 Contact

In the context of customer communication, we collect personal data to process your enquiries in accordance with Article 6(1)(b) of the GDPR if you voluntarily provide this to us when contacting us (e.g. via the contact form, live chat tool or email). Mandatory fields are marked as such, as we require this data to process your enquiry. The data collected is indicated in the respective input forms. Once your enquiry has been fully processed, your data will be deleted, unless you have expressly consented to further use of your data in accordance with Article 6(1)(a) of the GDPR or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this statement.

3. Data processing for the purpose of order fulfilment

For the performance of the contract in accordance with Article 6(1)(b) of the GDPR, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. If you have any questions regarding our service providers and the basis of our cooperation with them, please use the contact details provided in this privacy policy.

 Data transfer to shipping service providers for the purpose of delivery notification

Provided you have given us your express consent to this during or after placing your order, we will, on this basis and in accordance with Article 6(1)(a) of the GDPR, pass on your email address to the selected shipping service provider, so that they can contact you prior to delivery for the purpose of notifying you of the delivery or coordinating it.
You may withdraw your consent at any time by sending a message to the contact details provided in this privacy policy or directly to the delivery service provider at the contact address listed below. Following revocation, we will delete the data you have provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy. If you have any questions regarding our service providers and the basis of our cooperation with them, please contact us using the contact details provided in this privacy policy.

4. Data processing for payment processing

When processing payments in our online shop, we work with the following partners: technical service providers, credit institutions and payment service providers.

4.1 Data processing for transaction processing

Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, the commissioned credit institutions or the selected payment service provider, insofar as this is necessary for processing the payment. This serves the purpose of contract performance in accordance with Article 6(1)(b) of the GDPR. In some cases, the payment service providers collect the data required for payment processing themselves, e.g. on their own website or via a technical integration into the ordering process. In this respect, the privacy policy of the respective payment service provider applies.

Depending on the selected payment method, data may be transferred to third countries outside the EU/EEA for which the European Commission has determined, by means of a decision, that an adequate level of data protection exists. Where data is transferred to third countries outside the EU/EEA for which the European Commission has not adopted a decision on an adequate level of data protection, the cooperation is based on the European Commission’s Standard Data Protection Clauses.

If you have any questions regarding our payment processing partners or the basis of our cooperation with them, please contact us using the details provided in this privacy policy.

4.2 Data processing for the purposes of fraud prevention and optimising our payment processes

Where necessary, we provide the aforementioned service providers with additional data, which they use together with the data required for payment processing for the purposes of fraud prevention and optimising our payment processes (e.g. invoicing, handling disputed payments, accounting support). This serves, in accordance with Article 6(1)(f) of the GDPR, to safeguard our legitimate interests, which, following a balancing of interests, take precedence, in protecting ourselves against fraud and in ensuring efficient payment management.

4.3 Credit check

Where we make an advance payment (for purchases on account), we obtain identity and creditworthiness information from specialist service providers (credit reference agencies). To this end, we transfer your personal data required for a credit check to:

Creditreform Boniversum GmbH
Hammfelddamm 13
41460 Neuss
Germany

This serves to safeguard our legitimate interests, which prevail following a balancing of interests in accordance with Article 6(1)(f) of the GDPR, in assess the creditworthiness and willingness to pay of our potential customers prior to the conclusion of the contract and thus avoid loss of purchase price, and is necessary for the conclusion of the contract in accordance with Article 22(2)(a) of the GDPR. Appropriate measures to safeguard your rights, freedoms and legitimate interests are taken into account in this regard. You have the option of contacting us via the contact details provided in this privacy policy to state your position and challenge the decision. Once the contract has been fully processed, your data processed for this purpose will be deleted, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy.

4.4 Use of debt collection agencies

We will pass your data on to our appointed debt collection agency, Creditreform Dortmund/Witten Scharf KG, Phoenixseestr. 4, 44263 Dortmund, Germany, if our payment claim has not been settled despite a prior reminder. In this case, the claim will be collected directly by the debt collection service provider. This serves the purpose of contract performance in accordance with Article 6(1)(b) of the GDPR, as well as the protection of our overriding legitimate interests, following a balancing of interests, in the effective assertion or enforcing our payment claim in accordance with Article 6(1)(f) of the GDPR.

5. Telephone marketing

 Telephone advertising

Provided you have given your consent to this in accordance with Article 6(1)(a) of the GDPR, we will use the data required for this purpose or separately provided by you for our own advertising purposes, e.g. to inform you about interesting offers and our products. You may withdraw your consent at any time either by sending a message via the contact details provided in this privacy policy or by giving verbal notice during any call. Following revocation, we will delete your telephone number, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this policy.

6. Integration of the Trusted Shops Trustbadge/other widgets

Provided you have given your consent in accordance with Article 6(1)(a) of the GDPR, Trusted Shops widgets are integrated into this website to display Trusted Shops services (e.g. quality seals, collected reviews) and to offer Trusted Shops products to buyers following an order.

The Trustbadge and the services advertised through it are provided by Trusted Shops SE, Subbelrather Str. 15C, 50823 Cologne (“Trusted Shops”), with whom we are joint controllers under Article 26 of the GDPR. In the context of this privacy notice, we provide you with the following information regarding the key terms of the agreement pursuant to Article 26(2) of the GDPR.

In the context of the joint responsibility between us and Trusted Shops SE, please contact Trusted Shops in the first instance regarding data protection queries and to exercise your rights, using the contact details provided in the privacy policy. Regardless of this, you may always contact the controller of your choice. Your enquiry will then, if necessary, be forwarded to the other controller for a response.

6.1 Data processing when integrating the Trustbadge/other widgets

The Trustbadge is provided by a US-based CDN (Content Delivery Network) provider. An adequate level of data protection is ensured in each case by an adequacy decision of the European Commission, which is available here for the USA. Service providers from the USA are generally certified under the EU-US Data Privacy Framework (DPF). Further information is available here. Where service providers are not certified under the DPF, standard contractual clauses have been agreed as a suitable safeguard.

When the Trustbadge is accessed, the web server automatically stores a so-called server log file, which also contains your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data), and documents the access. The IP address is anonymised immediately after collection, so that the stored data cannot be linked to you personally. The anonymised data is used in particular for statistical purposes and for error analysis.

6.2 Data processing after order completion

Provided you have given your consent, the Trustbadge accesses order information stored on your device (order total, order number, product purchased, if applicable) stored on your device, and your email address is hashed using a cryptographic one-way function. The hash value is then transmitted to Trusted Shops together with the order information in accordance with Article 6(1)(a) of the GDPR.
This serves to verify whether you are already registered for Trusted Shops services. If this is the case, further processing takes place in accordance with the contractual agreement between you and Trusted Shops. If you are not yet registered for the services or do not give your consent to automatic recognition via the Trustbadge, you will subsequently be given the opportunity to register manually for the use of the services or to finalise the security measures within the framework of any existing user agreement you may have.

For this purpose, once your order has been completed, the Trustbadge accesses the following information stored on the device you are using: order total, order number and email address. This is necessary so that we can offer you buyer protection. Data will only be transmitted to Trusted Shops once you have actively opted to take out buyer protection by clicking the button labelled accordingly on the so-called Trustcard. If you decide to use the services, further processing is governed by the contractual agreement with Trusted Shops in accordance with Article 6(1)(b) of the GDPR, in order to complete your registration for buyer protection and secure the order, as well as to be able to send you review invitations by email where applicable.

Trusted Shops uses service providers for hosting, monitoring and logging. The legal basis is Article 6(1)(f) of the GDPR for the purpose of ensuring trouble-free operation. Processing may take place in third countries (the USA, the UK and Israel). An adequate level of data protection is ensured in each case by an adequacy decision of the European Commission, which is available here for the USA, here for the UK and here for Israel. Service providers from the USA are generally certified under the EU-US Data Privacy Framework (DPF). Further information is available here. Where service providers are not certified under the DPF, standard contractual clauses have been agreed as an appropriate safeguard.

7. Social Media

 Our online presence on Facebook (by Meta), Instagram (by Meta)

Provided you have given your consent to the respective social media operator in accordance with Article 6(1)(a) of the GDPR, when you visit our online presence on the social media platforms mentioned above, your data will be automatically collected and stored for market research and advertising purposes, from which usage profiles are created using pseudonyms. These may be used, for example, to display advertisements within and outside the platforms that are presumed to correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as contact details, your rights in this regard and settings options to protect your privacy, please refer to the providers’ privacy policies linked below. Should you nevertheless require assistance in this regard, please do not hesitate to contact us.

Facebook (by Meta) is a service provided by Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland (“Meta Platforms Ireland”). The information automatically collected by Meta Platforms Ireland regarding your use of our online presence on Facebook (by Meta) is generally transferred to a server operated by Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. Data processing in connection with a visit to a Facebook (by Meta) fan page is carried out on the basis of an agreement between joint controllers in accordance with Article 26 of the GDPR. Further information (information on Insights data) can be found here.

Our service providers are based in and/or use servers in the following countries for which the European Commission has determined, by means of a decision, that an adequate level of data protection exists: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA serves as the basis for transfers to third countries, provided that the relevant service provider is certified. Certification is in place.

Our service providers are based in and/or use servers in the following countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico.
There is no adequacy decision by the European Commission for these countries. Our cooperation with them is based on these safeguards: Standard Data Protection Clauses of the European Commission.

Instagram (by Meta) is a service provided by Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland (“Meta Platforms Ireland”). The information automatically collected by Meta Platforms Ireland regarding your use of our online presence on Instagram is generally transferred to a server operated by Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA, Menlo Park, California 94025, USA, and stored there. Data processing in connection with a visit to an Instagram (by Meta) fan page is carried out on the basis of an agreement between joint controllers in accordance with Article 26 of the GDPR. Further information (information on Insights data) can be found here.

Our service providers are based in and/or use servers in the following countries for which the European Commission has determined, by means of a decision, that an adequate level of data protection exists: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA serves as the basis for transfers to third countries, provided that the relevant service provider is certified. Certification is in place.

Our service providers are based in and/or use servers in the following countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico.
There is no adequacy decision by the European Commission for these countries. Our cooperation with you is based on these safeguards: Standard Data Protection Clauses of the European Commission.

8. Contact details and your rights

8.1 Your rights

As a data subject, you have the following rights:

• pursuant to Article 15 of the GDPR, the right to request information about your personal data processed by us to the extent specified therein;
• pursuant to Article 16 of the GDPR, the right to request the immediate rectification of inaccurate personal data or the completion of your personal data stored by us;
• pursuant to Article 17 of the GDPR, the right to request the erasure of your personal data stored by us, unless further processing
  • for the exercise of the right to freedom of expression and information;
  • for compliance with a legal obligation;
  • for reasons of public interest; or
  • for the establishment, exercise or defence of legal claims;
• in accordance with Article 18 of the GDPR, the right to request the restriction of the processing of your personal data, provided that
  • you contest the accuracy of the data;
  • the processing is unlawful, but you object to its erasure;
  • we no longer need the data, but you require it for the establishment, exercise or defence of legal claims; or
  • you have objected to the processing in accordance with Article 21 of the GDPR;
• in accordance with Article 20 of the GDPR, the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, or to request that it be transmitted to another controller;
• in accordance with Article 77 of the GDPR, the right to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority for your usual place of residence or workplace, or for our company’s registered office.

8.2 Contact details

If you have any questions regarding the collection, processing or use of your personal data, or if you wish to request information, rectification, restriction or erasure of data, or to withdraw consent or object to a specific use of your data, please contact us directly using the contact details provided in our legal notice.