Data Protection Declaration
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is CHOCO DEALER GmbH, Elsässer Str.8, 53175 Bonn, Deutschland, Tel.: 0228286285260, E-Mail: email@example.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 The controller has designated a data protection officer for this website. He can be reached as follows: "Maren Nadine Hünten,Elsässer Str.8,53175, Bonn, +49 228286285260,firstname.lastname@example.org"
1.4 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
To make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can check the duration of the respective cookie storage in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
Please note that the functionality of our website may be limited if cookies are not accepted.
4) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
5) Use of Client Data for Direct Advertising
5.1 Subscribe to our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link.
By activating the confirmation link, you give us your consent for the use of your personal data pursuant to Art. 6 (1) point a GPPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration for the purpose of tracing any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the promotional purposes by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data, or we reserve the right to a more extensive use your data which is permitted by law and about which we inform you in this declaration.
5.2 Notification by e-mail of stock availability
If our online shop provides the possibility of informing you by e-mail about the time of availability for selected, temporarily unavailable items, you can subscribe to our e-mail notification service for product availability. If you register for our e-mail notification service for product availability, we will send you a one-time message by e-mail about the availability of the article you have selected. The only mandatory information needed to send this notification is your e-mail address. The indication of further data is voluntary and is used if appropriate, in order to be able to address you personally. We use the so-called double opt-in procedure when sending this notification. This means that we will only send you a corresponding notification after you have expressly confirmed that you agree to receive such a message. We will then send you a confirmation e-mail asking you to click on a link to confirm that you wish to receive such notification.
By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for our e-mail notification service for product availability, we store your IP address as registered by the internet service provider (ISP) as well as the date and time of registration in order to be able to track any possible misuse of your e-mail address at a later time. The data collected by us when you register for our e-mail notification service regarding the availability of goods is used exclusively for the purpose of informing you about the availability of a particular item in our online shop. You can cancel the e-mail notification service for the availability of goods at any time by sending a corresponding message to the controller in charge of data processing named at the beginning. After you have unsubscribed, your e-mail address will be deleted immediately from our distribution list, unless you have expressly consented to the further use of your data or unless we reserve the right to make further use of your data in accordance with the law about which we inform you in this declaration.
6) Processing of Data for the Purpose of Order Handling
6.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 (1) lit. c GDPR. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
6.2 We work with external shipping partners to fulfil our contractual obligations to our customers. We pass on your name as well as your delivery address exclusively for the purpose of delivering goods to a shipping partner selected by us, pursuant to Art. 6 (1) point b GDPR.
6.3 Passing on Personal Data to Shipping Service Providers
- Deutsche Post
If delivery of goods takes place by the transport service provider Deutsche Post (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to Deutsche Post in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to Deutsche Post for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with Deutsche Post or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider Deutsche Post.
If delivery of goods takes place by the transport service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to DHL in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to DHL for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with DHL or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider DHL.
6.4 Use of Payment Service Providers
When you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
7) Site Functionalities
7.1 ShopVote graphics
We have integrated ShopVote graphics on this website to display our ShopVote seal and any collected and/or aggregated ratings.
This serves to protect our legitimate interests in the optimal marketing of our offer, which prevail in the context of a balancing of interests, in accordance with Art. 6 Para. 1 lit. f GDPR. The ShopVote graphics and the services advertised with them are an offer of Blickreif GmbH, Schulstraße 46, 80634 Munich.
When the ShopVote graphics are called up, the web server automatically saves a so-called server log file, which contains, for example, your IP address, the date and time of the call-up, the amount of data transferred and the source of the call-up (access data) and documents the call-up. This access data is not evaluated and is automatically overwritten at the latest seven days after the end of your visit to the site. No other personal data is collected or stored by the ShopVote graphics.
7.2 Applications for job advertisements using a form
On our website, we offer those interested in a job the possibility to apply online using an appropriate form. In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection.
The required data includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications required for a position. Where appropriate, health-related information may also be required, which, in the interests of social protection, must be given special consideration in the applicant's own person under labour and social law.
In the course of sending the form, the applicant's data will be encrypted according to the state of the art, transmitted to us, stored by us and evaluated exclusively for the purpose of processing the application.
The legal basis for these processing operations is generally Art. 6 Para. 1 lit. b, in the sense of which passing through the application procedure is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data such as information on the status of severely disabled persons) are requested from applicants in the context of the application procedure, processing is carried out in accordance with Art. Art. 9 para. 2 lit. b. GDPR so that we can exercise the rights arising from labour law and social security and social protection law and fulfil our obligations in this respect.
Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9 para. 1 lit. h GDPR, if it is carried out for purposes of preventive health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field.
If, in the course of the evaluation described above, the applicant is not selected, or if an applicant withdraws his or her application prematurely, the data submitted on the application form will be deleted after 6 months at the latest after notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to comply with our obligation to provide evidence in accordance with the regulations on the equal treatment of applicants.
In the event of a successful application, the data provided will be further processed on the basis of Art. 6 para. 1 lit. b GDPR for the purposes of the employment relationship.
7.3 Applications for job advertisements
On our website, we advertise current vacancies in a separate section, for which interested parties can apply by e-mail using the contact address provided.
If applicants want to be included in the application process, they must provide us with all personal details required for a well-founded and informed assessment and selection in conjunction with their application by e-mail.
The required data should include general personal information (name, address, telephone or electronic contact) as well as performance-specific evidence showing the qualifications required for the advertised position. In addition, health-related information may be required, which in the interest of social protection must be given special attention to regarding the applicant's person according to labor and social law.
The components an application must contain to be considered and the form in which these components must be sent by e-mail can be found in the respective job advertisement.
After receipt of the application sent using the e-mail contact address supplied, the applicant data will be stored by us and evaluated exclusively for the purpose of processing the application. In the event of queries arising in the course of processing the application, we will use either the e-mail address supplied by the applicant with his application or a telephone number supplied, at our discretion.
The legal basis for such processing, including the contacting of applicants for queries, is basically Art. 6 (1) point b GDPR in conjunction with Art. 26 (1) Federal Data Protection Act. According to these provisions, the completion of the application procedure is deemed to be the initiation of an employment contract.
If special categories of personal data within the meaning of Art. 9 (1) GDPR (e.g. health data such as information on severely disabled status) are requested from applicants as part of the application procedure, processing will take place in accordance with Art. 9 (2) point b GDPR, so as to enable us to exercise the rights arising from labor law, social security and social protection law and to fulfil our obligations in this regard.
The processing of special categories of data may also be based cumulatively or alternatively on Art. 9 (1) point h GDPR if it is used for the purposes of health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnostics, health or social care or for the management of systems and services in the health or social sector.
If, in the course of the evaluation described above, the applicant is not selected or if an applicant withdraws his application prematurely, his data transmitted by e-mail as well as all electronic correspondence including the original application e-mail will be deleted at the latest after 6 months following a corresponding notification. This period shall be determined on the basis of our legitimate interest in being able to answer any follow-up questions regarding the application and, if necessary, to comply with our obligation to provide evidence under the regulations governing the equal treatment of applicants.
In the event of a successful application, the data provided will be processed on the basis of Art. 6 (1) point b GDPR in conjunction with Art. 26 (2) Federal Data Protection Act for the purposes of implementing the employment relationship.
On this website we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). This function is mainly used to distinguish whether an entry is made by a natural person or misused by automatic and automated processing. The service includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. The use of Google reCAPTCHA may also result in the transmission of personal data to the servers of Google LLC. in the USA and is carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in determining the individual willingness of actions on the Internet and avoiding misuse and spam.
8) Rights of the Data Subject
8.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
8.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
9) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.