BergBlüten Privacy Policy

Privacy policy

1. general privacy policy

Data protection and data security are a high priority for BergBlüten AG (hereinafter referred to as “BergBlüten”). For this reason, the protection of personal data during all business processes is also very important to us. This privacy policy explains what personal data BergBlüten collects when you use the website www.bergblueten.ch (hereinafter referred to as the “Marketplace”) and for what purposes the data is processed. By using the marketplace, the user agrees to the collection and processing of their personal data in accordance with this privacy policy.

2. collection of personal data

In the context of this privacy policy, personal data refers to all data relating to a specific or identifiable user of the marketplace. Users are understood to be both persons who use the marketplace for information purposes and those who conclude a purchase contract, regardless of whether they register on the marketplace.

BergBlüten collects in particular the personal data that is necessary for the conclusion and execution of purchase contracts with BergBlüten customers. In addition, BergBlüten collects the personal data that the user discloses when registering on the marketplace or for the newsletter and during other contacts with BergBlüten (e.g. with the customer center). This includes in particular the following categories of personal data:

User data that users disclose when registering for a BergBlüten service (e.g. personal data and service-specific settings).
User data that is generated when using the marketplace (e.g. pages accessed by users on the marketplace, user reactions to BergBlüten offers, information about the duration and frequency of use of a BergBlüten service, etc).
Personal data and other data that users disclose when participating in competitions, surveys and the like on the marketplace.
Reactions of users to BergBlüten offers submitted to them by e-mail, letter or telephone.
Non-personal data that arise due to technical processes when using the marketplace or BergBlüten services as well as Internet protocol addresses or IP addresses.

In detail, this may be the following non-exhaustive list of data:

Personal data
Name and first name
Birthday and age
Gender
Residential address
Household size
Shopping habits
Information on purchasing powerInformation on creditworthiness
Customer and shopping preferences
Delivery address
Billing address
Language preferences
Phone number(s)
E-mail address(es)
Identification numbers of technical devices
Customer and loyalty card numbers
Information on subscribed newsletters or other advertising
Consent to receive advertising
Online customer account information (including opening date,
Memberships within the Mons Nova business unit
Data on user activities
Contract data (including contract date, contract type, contract content; Contract information (including contract date, contract type, contract content; contract partner; contract term; contract value; claims asserted under contract)
Purchase information (including purchase date; purchase location; purchase time; type, quantity and value of goods and services purchased; shopping cart; abandoned shopping cart; means of payment used; point of payment; purchase history)
Customer service information (including returns of goods, complaints, warranty claims, delivery information)
Searches of the Internet pages, apps for mobile devices or offers on Internet platforms, multimedia portals or social networks (including duration and frequency of visits, language and country preferences, information about the browser and computer operating system, Internet protocol addresses, search terms and search results)
submitted ratings
location-related data when using mobile devices
Information about accumulated loyalty points for customer and loyalty cards
Communications via telephone, fax, e-mail, voice messages, text messages (SMS), picture messages (MMS), video messages or instant messaging.

BergBlüten reserves the right to collect such personal data, including personality profiles, from third parties and to process it together with the user's other data in accordance with the provisions of this privacy policy. Users will be informed of this data collection in an appropriate manner.

3. processing purposes

BergBlüten processes the personal data collected primarily for the fulfillment of its contractual obligations and for the provision of its services. This includes, among other things, the processing of orders, returns and payments as well as customer support (customer center). If a potential customer registers on the marketplace, BergBlüten reserves the right to store data already collected about them (e.g. through competitions and surveys) in their new customer account.

BergBlüten may carry out a credit check with specialized providers before each purchase. The result of the credit check is merged with the other user data. BergBlüten reserves the right to offer the user payment exclusively by credit card on the basis of this creditworthiness information.

4. advertising and newsletter

BergBlüten is entitled to evaluate the user data collected for its own marketing and advertising purposes. This concerns data that the user has disclosed verbally, in writing or electronically, publicly accessible data and data that BergBlüten obtains from third parties. Target groups consisting of users with similar user and purchasing data can be formed (clusters). This serves to deliver individual offers tailored to the needs of the user and to improve the marketplace and the services of BergBlüten. User data, including clusters, will not be passed on to unauthorized third parties.

The user can opt out of receiving advertising at any time with effect for the future by sending a message to info@bergblueten.ch. Registration for the newsletter can be revoked at any time via the link in each newsletter.

5. Cookies

BergBlüten uses cookies to offer users the most efficient and user-friendly design of the marketplace. Cookies are short text files that are stored on the user's device and serve to analyze the use of the marketplace and to recognize the user's browser.

When visiting the marketplace, the IP addresses of the users and information about the Internet browser used are automatically stored for this purpose. Based on this information, anonymous statistics on the use of the marketplace are compiled. In addition, the use of cookies enables BergBlüten to adapt its offers to the user and most browsers are set to accept cookies.

Users are free to generally prevent this in the browser settings or to select the setting so that each storage of a cookie must be accepted. In addition, each stored cookie can be deleted individually. BergBlüten would like to point out that deactivating or deleting a cookie may result in individual parts of the marketplace no longer functioning correctly and completely.

6. web analysis tools

In order to constantly improve the Internet offer and to make the marketplace as user-friendly as possible, BergBlüten uses technologies that enable an analysis of the use of the marketplace by users. The evaluations carried out allow BergBlüten to recognize in particular how many users visit the marketplace and in what way. The evaluations are anonymized and do not allow any personal reference and are used exclusively for statistical purposes and for the further development and improvement of the marketplace.

Users are free to object to the collection of such data. Further information on how to object can be found here.

7. disclosure of personal data and outsourcing

BergBlüten does not disclose any personal data to unauthorized third parties without obtaining the consent of the customer concerned. Legal obligations to provide information to authorities remain reserved.

BergBlüten may transfer the processing of personal data to external contractors (outsourcing). BergBlüten shall ensure compliance with data protection and data security. The contractors are obliged to process the data only in the same way as BergBlüten is permitted to do itself. It is ensured that no use of the data beyond the specific order is made by the contracted companies and that they neither use the data for themselves nor pass it on to a third party. BergBlüten is granted the corresponding audit and control rights for this purpose.

If necessary, data processing is transferred to contractors abroad. BergBlüten ensures that the data is primarily processed in EU countries. If the data is processed outside the EU and Switzerland, BergBlüten ensures compliance with data protection and data security through additional guarantees, in particular through contractual obligations on the part of the contractors.

Bergblüten has its own systems and data hosted by Phoenix Systems. The servers used are located exclusively in Switzerland.

8. data security

BergBlüten uses appropriate technical and organizational measures to protect the data, in particular against loss, destruction, falsification or unauthorized access.

Data is transmitted in encrypted form. To protect the security of customer information during transmission, BergBlüten uses Transport Layer Security (TLS). This protocol encrypts the information transmitted by the user. BergBlüten accepts no liability for the security of data transmitted via the Internet, insofar as this is permitted by law.

9. retention obligation / deletion of data

BergBlüten retains users' personal data for as long as is necessary or appropriate to comply with applicable laws or for as long as is necessary for the purposes for which it was collected. BergBlüten deletes personal data as soon as it is no longer required and in any case after expiry of the maximum retention period prescribed by law.

10. right to information, deletion, correction and objection

The user has the right to obtain information about his/her stored personal data at any time by registered letter, enclosing a copy of an official identification document. The registered letter must be sent to the address of BergBlüten's current head office, which can be accessed at www.bergblueten.ch.

Users also have the right to correct their personal data if it is incorrect or no longer up to date. They also have the right to request the deletion of their personal data. This is subject to BergBlüten's statutory or contractual retention obligations.

The user is also entitled to object to the processing of his personal data at any time.

11. availability of the Internet pages

BergBlüten does not guarantee that the marketplace it operates will be available at all times and is not liable for error-free data communication.

The marketplace may contain links to third-party offers. When selecting these providers, BergBlüten pays attention to the highest quality. BergBlüten has no influence on how these providers handle the customer data collected on their own websites. BergBlüten is therefore not responsible for their content and accepts no liability in this respect. BergBlüten is not responsible for compliance with data protection regulations by the providers integrated into the marketplace.

12. changes

BergBlüten reserves the right to change this privacy policy at any time and to inform customers of the changes in an appropriate manner. The current version is available at www.bergblueten.ch.

Status: October 2017

Additional data protection in accordance with the GDPR data protection declaration

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the BergBlüten AG. The BergBlüten AG website can generally be used without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the BergBlüten AG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration. As the controller.

The BergBlüten AG has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. definitions

The data protection declaration of the BergBlüten AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this privacy policy:

A) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

B) Person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

C) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

D) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

E) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

F) Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

G) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

H) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

I) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

J) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

K) Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. name and address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is :

BB BergBlüten AG

Kantonsstrasse 99

3952 Leuk-Susten

SwitzerlandTel.: +41313321515

E-Mail: info@bergblueten.ch

Website: www.bergblueten.ch

3. Cookies

The Internet pages of the BergBlüten AG use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, the BergBlüten AG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping basket in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. collection of general data and information

The website of the BergBlüten AG collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using these general data and information, the Bergblüten AG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the BergBlüten AG analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the option of registering on the controller's website by providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for the controller's own purposes. The controller may arrange for the data to be passed on to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.

By registering on the controller's website, the IP address assigned by the data subject's Internet service provider (ISP), the date and time of registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the investigation of criminal offenses committed. In this respect, the storage of this data is necessary to safeguard the controller. This data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.

The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller's database.

The controller shall provide any data subject at any time upon request with information about which personal data relating to the data subject is stored. Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as this does not conflict with any statutory retention obligations. All of the controller's employees are available to the data subject as contact persons in this context.

6. subscription to our newsletter

On the website of the BergBlüten AG, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted to the controller when the newsletter is ordered.

The BergBlüten AG informs its customers and business partners regularly by means of a newsletter about enterprise offers. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation e-mail is sent to the e-mail address entered by a data subject for the first time for the newsletter mailing using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address as the data subject has authorized the receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's e-mail address at a later date and therefore serves as legal protection for the controller.

The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or a registration in this regard, as could be the case in the event of changes to the newsletter offer or in the event of a change in technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. There is a corresponding link in every newsletter for the purpose of revoking consent. It is also possible to unsubscribe from the newsletter at any time directly on the controller's website or to inform the controller of this in another way.

7. Newsletter tracking

The newsletters of Bergblüten AG contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the Bergblüten AG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, this personal data will be deleted by the controller. The BB Bergblüten AG automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. contact possibility via the website

The website of the Bergblüten AG contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

9. comment function in the blog on the website

The Bergblüten AG offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a portal on a website, usually open to the public, in which one or more people, called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.

If a data subject leaves a comment in the blog published on this website, information on the time of the comment entry and the user name (pseudonym) chosen by the data subject are stored and published in addition to the comments left by the data subject. Furthermore, the IP address assigned by the data subject's Internet service provider (ISP) is also logged. The IP address is stored for security reasons and in the event that the data subject violates the rights of third parties or posts illegal content by posting a comment. This personal data is therefore stored in the controller's own interest so that the controller can exculpate itself in the event of an infringement. The personal data collected will not be passed on to third parties unless such a transfer is required by law or serves the legal defense of the controller.

10 Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

11 Rights of the data subject

A) Right to confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

B) Right to information

Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain from the controller free information about the personal data stored about him/her and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

the purposes of the processing
the categories of personal data concerned the recipients
categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period 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 of personal data concerning the data subject or to object to such processing
the existence of the right to lodge a complaint with a supervisory authorityif the personal data are not collected from the data subject: All available information about the origin of the data
The existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject

Furthermore, the data subject has a right of access as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

C) Right to rectification

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

D) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the BergBlüten AG, he or she may, at any time, contact any employee of the controller. An employee of BergBlüten AG shall promptly ensure that the erasure request is complied with immediately.

If the personal data has been made public by BergBlüten AG and our company, as the controller, is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, BergBlüten AG shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the BergBlüten AG will arrange the necessary measures in individual cases.

E) Right to restriction of processing

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:

the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the BergBlüten AG, he or she may at any time contact any employee of the controller. The employee of the BergBlüten AG will arrange the restriction of the processing.

F) Right to data portability

Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the BergBlüten AG.

G) Right to object

Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The BergBlüten AG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If the BergBlüten AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is associated with such direct advertising.

If the data subject objects to the BergBlüten AG to the processing for direct marketing purposes, the BergBlüten AG will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the BergBlüten AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the BergBlüten AG. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

H) Automated decisions in individual cases including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, if the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the BergBlüten AG shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.

I) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.

12. data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a social meeting place operated on the Internet, an online community that generally enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or company-related information. Among other things, Facebook allows users of the social network to create private profiles, upload photos and network via friend requests.

The operating company of Facebook is Facebook, Inc, 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller for the processing of personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Facebook component (Facebook plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Facebook component from Facebook through the Facebook component. A complete overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=de_DE. During the course of this technical procedure, Facebook gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject-and for the entire duration of their stay on our Internet site-which specific sub-page of our Internet page was visited by the data subject. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.

Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before accessing our website.

The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains what settings options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress the transmission of data to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.

13. data protection provisions about the application and use of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering and evaluation of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on the website from which a data subject came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and for the cost-benefit analysis of Internet advertising.

The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. This addition is used by Google to shorten and anonymize the IP address of the data subject's Internet connection if our website is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.

Google Analytics places a cookie on the data subject's IT system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. During the course of this technical procedure, Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the data subject's IT system. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject's IT system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person who is attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/ and under http://www.google.com/analytics/terms/de.html. Google Analy

14. data protection provisions about the application and use of Google Remarketing

The data controller has integrated Google Remarketing services on this website. Google Remarketing is a function of Google AdWords that enables a company to display advertisements to Internet users who have previously visited the company's website. The integration of Google Remarketing therefore allows a company to create user-related advertising and consequently to display advertisements relevant to the interests of the Internet user.

The operating company of the Google Remarketing services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google Remarketing is to display interest-based advertising. Google Remarketing enables us to display advertisements via the Google advertising network or on other websites that are tailored to the individual needs and interests of Internet users.

Google Remarketing places a cookie on the data subject's IT system. What cookies are has already been explained above. By setting the cookie, Google is able to recognize the visitor to our website when he or she subsequently visits websites that are also members of the Google advertising network. Each time a website on which the Google Remarketing service has been integrated is accessed, the data subject's internet browser automatically identifies itself to Google. As part of this technical process, Google receives knowledge of personal data, such as the IP address or the surfing behavior of the user, which Google uses, among other things, to display interest-relevant advertising.

Cookies are used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.

Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/.

15. data protection provisions about the application and use of Google AdWords

The data controller has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads both in Google's search engine results and in the Google advertising network. Google AdWords allows an advertiser to specify certain keywords in advance, which are used to display an ad in Google's search engine results only when the user uses the search engine to retrieve a keyword-relevant search result. In the Google advertising network, the ads are distributed to relevant websites using an automatic algorithm and taking into account the previously defined keywords.

The operating company of the Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine and by displaying third-party advertising on our website.

If a data subject reaches our website via a Google ad, a so-called conversion cookie is stored on the data subject's IT system by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. If the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages, such as the shopping cart from an online store system, have been accessed on our website.

The conversion cookie enables both us and Google to track whether a data subject who has reached our website via an AdWords ad has generated sales, i.e. completed or canceled a purchase. The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the data subject's IT system. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/.

16. data protection provisions about the application and use of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to redistribute such data in other social networks.

The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. As part of this technical process, Instagram receives information about which specific subpage of our website is visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject-and for the entire duration of their stay on our Internet site-which specific sub-page of our Internet page was visited by the data subject.

This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it is assigned to the personal Instagram user account of the data subject and stored and processed by Instagram. Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged in to Instagram at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

17. payment method: data protection regulations for PayPal as a payment method

The data controller has integrated PayPal components on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also acts as a trustee and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject selects “PayPal” as the payment option during the ordering process in our online store, the data of the data subject is automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, cell phone number or other data required for payment processing. Personal data that is necessary for processing the purchase contract is also data that is related to the respective order.

The purpose of transmitting the data is payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular if there is a legitimate interest in the transmission. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit reference agencies. The purpose of this transmission is to check identity and creditworthiness.

PayPal may pass on the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfill the contractual obligations or if the data is to be processed on behalf of PayPal.

The data subject has the option of withdrawing consent to the handling of personal data from PayPal at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

18. legal basis of the processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

19. legitimate interests in the processing pursued by the controller or a third party

Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

20. duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

21. legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

22. existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the DGD - Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.

Privacy policy for Salesmanago

Deutsch

Auf unserer Website verwenden wir den Dienst „Salesmanago“ der BENHAUER Sp. z o.o. 21 Grzegórzecka St. 31-532 Krakau. Hierbei werden Cookies verwendet. Dies sind kleine Textdateien, die lokal auf dem Endgerät des Seitenbesuchers gespeichert werden und so eine Wiedererkennung beim erneuten Besuch unserer Online-Auftritte ermöglichen. Diese Wiedererkennungsmöglichkeit wird verwendet, um – zunächst pseudonymisierte – Nutzerprofile zu erstellen und anschließend dem jeweiligen Nutzer personalisierte Werbung zur Verfügung zu stellen. Die so erstellten Nutzungsprofile werden ohne eine gesondert zu erteilende, ausdrückliche Einwilligung nicht mit personenbezogenen Daten über die dahinterstehende Person zusammengeführt. Soweit eine solche Zusammenführung erfolgt, basiert dies auf einer zuvor erteilten Einwilligungserklärung des betroffenen Nutzers. Soweit die Daten also für die oben genannten Zwecke verwendet werden, fußt dies ausschließlich auf einer Einwilligungserklärung nach § 12 Abs. 1 3. Var, 13 Abs. 2 TMG/Art. 6 Abs. 1 lit. a, Art. 7 DSGVO. Die Nutzerprofile können in diesem Fall mit folgenden, möglicherweise personenbezogenen Daten zusammengeführt und verwendet werden:

Name

E-Mail Adresse

IP-Adresse

Zeitpunkte von Besuchen auf Online-Angeboten der XXX GmbH

Technische Browsereinstellungen

Für den oben genannten Zweck werden die Daten dabei nur solange verwendet, bis die Einwilligung widerrufen wird. Jedwede Erhebung, Verarbeitung oder Nutzung von personenbezogenen Daten im Zusammenhang mit Salesmanago findet auf dem Gebiet der Europäischen Union statt. Eine Pflicht des Nutzers im Rahmen der oben beschriebenen Vorgänge personenbezogene Daten bereitzustellen besteht nicht und eine Weigerung dies zu tun hat keine negativen Konsequenzen.

English

On our website we use the service “Salesmanago” of BENHAUER Sp. z o.o. 21 Grzegórzecka St. 31-532 Krakow. Cookies are used here. These are small text files, which are stored locally on the end device of the page visitor and thus enable recognition when revisiting our online presence. This recognition possibility is used to create user profiles – initially pseudonymised – and then to make personalised advertising available to the respective user. The user profiles created in this way will not be merged with personal data about the person behind them without express consent to be given separately. Insofar as such a consolidation takes place, this is based on a previously given declaration of consent of the user concerned. Insofar as the data is used for the above-mentioned purposes, this is based exclusively on a declaration of consent in accordance with § 12 Para. 1 3rd Var, 13 Para. 2 TMG/Art. 6 Para. 1 lit. a, Art. 7 DSGVO. In this case, the user profiles can be combined and used with the following, possibly personal data:

Name

E-mail address

IP-address

Times of visits to online offers of XXX

Technical browser settings

For the purpose mentioned above, the data will only be used until the consent is revoked. Any collection, processing or use of personal data in connection with Salesmanago takes place within the territory of the European Union. There is no obligation on the part of the user to provide personal data within the framework of the procedures described above, and refusal to do so has no negative consequences.