Privacy Policy
Use of the websites of the Bernstein Shop is generally possible without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via our website, the processing of personal data may become necessary. 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, for example the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to the Bernstein Shop. Through this privacy policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.
1. Definitions
The privacy policy of the Bernstein Shop is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.
In this privacy policy, we use the following terms, among others:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person, hereinafter referred to as the “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 one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation means 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 organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for processing
The controller or controller responsible for 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 processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its nomination may be provided for by Union law or Member State law.
h) Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not this is a third party. However, authorities which may receive personal data in the context of a specific investigation under Union law or the law of the Member States shall not be regarded as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes, in the form of a statement or other clear affirmative action, by which the data subject indicates agreement to the processing of personal data relating to him or her.
2. Name and address of the controller responsible for processing
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Janusz Henn
Tucherstr. 28
90403 Nuremberg
Germany
Tel.: 0911-5105550
E-mail: info@hemis.de
Website: www.Bernsteinschmuck.net
3. Collection of general data and information
The website of the Bernstein Shop collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The data collected may include:
the browser types and versions used,
the operating system used by the accessing system,
the website from which an accessing system reaches our website, known as the referrer,
the subpages accessed on our website by an accessing system,
the date and time of access to the website,
an internet protocol address, IP address,
the internet service provider of the accessing system, and
other similar data and information used to prevent risks in the event of attacks on our information technology systems.
When using this general data and information, Bernstein Shop, Janusz Henn does not draw any conclusions about the data subject. Rather, this information is required in order to:
correctly deliver the contents of our website,
optimise the contents of our website and advertising for it,
ensure the long-term functionality of our information technology systems and the technology of our website, and
provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.
This anonymously collected data and information is therefore evaluated by Bernstein Shop, Janusz Henn both statistically and with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
4. Registration on our website
The data subject has the possibility to register on the website of the controller responsible for processing by providing personal data. Which personal data is transmitted to the controller is determined by the respective input form 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, for example a parcel delivery service provider, who also uses the personal data exclusively for internal purposes attributable to the controller.
By registering on the website of the controller, the IP address assigned by the data subject’s internet service provider, as well as the date and time of registration, are also stored. This data is stored because it is the only way to prevent misuse of our services and, if necessary, to make it possible to investigate criminal offences committed. In this respect, the storage of this data is necessary to safeguard the controller. This data is generally not passed on to third parties unless there is a legal obligation to pass it on or the disclosure serves criminal prosecution.
Registration of the data subject by voluntarily providing 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 at any time to change the personal data provided during registration or to have it completely deleted from the controller’s database.
The controller will provide any data subject, upon request at any time, with information about which personal data relating to the data subject is stored. Furthermore, the controller will correct or delete personal data at the request or indication of the data subject, provided that there are no statutory retention obligations to the contrary. A data protection officer named in this privacy policy and all employees of the controller are available to the data subject as contact persons in this regard.
5. Subscription to our newsletter
On the website of the Bernstein Shop, users are given the opportunity to subscribe to our company’s newsletter. Which personal data is transmitted to the controller when subscribing to the newsletter is determined by the input form used for this purpose.
The Bernstein Shop informs its customers and business partners at regular intervals by means of a newsletter about company offers. Our company’s newsletter can generally only be received by the data subject if:
the data subject has a valid e-mail address, and
the data subject registers for the newsletter mailing.
For legal reasons, a confirmation e-mail is sent using the double opt-in procedure to the e-mail address entered by a data subject for the first time for newsletter mailing. This confirmation e-mail is used to verify whether the owner of the e-mail address, as the data subject, has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the internet service provider 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 any possible misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal protection of the controller.
The personal data collected as part of newsletter registration is used exclusively for sending 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 for a related registration, as may be the case in the event of changes to the newsletter offer or changes to technical circumstances. Personal data collected as part of the newsletter service is not passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for newsletter mailing can be revoked at any time. For the purpose of revoking consent, there is a corresponding link in every newsletter. Furthermore, it is possible to unsubscribe from newsletter mailing at any time directly on the website of the controller or to inform the controller of this in another way.
6. Newsletter tracking
The newsletters of the Bernstein Shop contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in e-mails sent in HTML format in order to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded tracking pixel, Bernstein Shop, Janusz Henn can recognise whether and when an e-mail was opened by a data subject and which links contained in the e-mail were accessed by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the controller in order to optimise newsletter mailing and to better adapt the content of future newsletters 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 through the double opt-in procedure. After revocation, this personal data will be deleted by the controller. Bernstein Shop, Janusz Henn automatically interprets unsubscribing from the newsletter as revocation.
7. Contact possibility via the website
Due to legal requirements, the website of the Bernstein Shop contains information that enables quick electronic contact with our company as well as direct communication with us. This also includes a general address for electronic mail, e-mail address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
8. Online withdrawal function
If you use our online function “Exercise right of withdrawal”, we process the data you enter in order to handle your withdrawal. This includes, in particular, first name, last name, order number, e-mail address for the confirmation of receipt, information on whether the entire order or individual items are being withdrawn, and, where applicable, voluntary additional information.
The processing is carried out in order to handle your withdrawal declaration, to assign the withdrawal to your order and to fulfil statutory proof and documentation obligations. The legal basis is Art. 6(1)(b) GDPR, insofar as the processing is necessary for the performance of pre-contractual or contractual measures, and Art. 6(1)(c) GDPR, insofar as statutory retention and proof obligations exist.
After submitting the form, you will receive a confirmation of receipt by e-mail. In addition, a notification will be sent to the shop operator. The data will only be stored for as long as this is necessary for processing the withdrawal and for fulfilling statutory retention obligations.
9. Personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
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 will be routinely blocked or deleted in accordance with statutory provisions.
10. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact our data protection officer or another employee of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, free of charge and at any time, information about the personal data stored concerning him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of the processing,
the categories of personal data processed,
the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations,
where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration,
the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing,
the existence of a right to lodge a complaint with a supervisory authority,
where the personal data is not collected from the data subject: any available information as to its source,
the existence of automated decision-making, including profiling, pursuant to Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and intended effects of such processing for the data subject.
Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organisation. 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 exercise this right of access, he or she may contact our data protection officer or another employee of the controller at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact our data protection officer or another employee of the controller at any time.
d) Right to erasure, right to be forgotten
Every data subject affected by the processing of personal data has the right granted by the European legislator to request that the controller erase personal data concerning him or her without delay, provided that one of the following grounds applies and insofar as the processing is not required:
The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
The data subject withdraws consent on which the processing is based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data has been unlawfully processed.
The erasure of the personal data is necessary to fulfil a legal obligation under Union law or Member State law to which the controller is subject.
The personal data was collected in relation to services offered by the information society pursuant to Art. 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to arrange for the deletion of personal data stored by the Bernstein Shop, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of the Bernstein Shop or another employee will arrange for the deletion request to be complied with without delay.
If the personal data has been made public by the Bernstein Shop and our company, as controller pursuant to Art. 17(1) GDPR, is obliged to erase the personal data, Bernstein Shop, Janusz Henn shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, such personal data, insofar as processing is not required. The data protection officer of the Bernstein Shop or another employee will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller the restriction of processing where one of the following conditions 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 instead the restriction of its use.
The controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by the Bernstein Shop, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of the Bernstein Shop or another employee will arrange the restriction of processing.
f) Right to data portability
Every data subject 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 was provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority assigned to the controller.
Furthermore, when exercising the 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.
To exercise the right to data portability, the data subject may contact the data protection officer appointed by the Bernstein Shop or another employee at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, Bernstein Shop, Janusz Henn will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or unless the processing serves the establishment, exercise or defence of legal claims.
If Bernstein Shop, Janusz Henn processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Bernstein Shop processing for direct marketing purposes, Bernstein Shop, Janusz Henn 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 the processing of personal data concerning him or her by Bernstein Shop for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact the data protection officer of the Bernstein Shop or another employee directly. The data subject is also free, in connection with 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 individual decision-making, including profiling
Every data subject affected by the processing of personal data has 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, unless the decision:
is necessary for entering into or performing a contract between the data subject and the controller, or
is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
is based on the data subject’s explicit consent.
If the decision is necessary for entering into or performing a contract between the data subject and the controller, or if it is based on the data subject’s explicit consent, Bernstein Shop, Janusz Henn shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her own point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw data protection consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may contact our data protection officer or another employee of the controller at any time.
11. Payment method: Data protection provisions regarding PayPal as a payment method
The controller has integrated components of PayPal 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 traditional account number. PayPal enables online payments to third parties or the receipt of payments. PayPal also performs trustee functions 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 shop, data of the data subject is automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.
The personal data transmitted to PayPal usually includes first name, last name, address, e-mail address, IP address, telephone number, mobile telephone number or other data necessary for payment processing. Personal data related to the respective order is also necessary for processing the purchase contract.
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 under certain circumstances be transmitted by PayPal to credit agencies. This transmission serves identity and creditworthiness checks.
PayPal may pass on the personal data to affiliated companies and service providers or subcontractors insofar as this is necessary to fulfil contractual obligations or the data is to be processed on behalf of PayPal.
The data subject has the possibility to withdraw consent to the handling of personal data at any time vis-à-vis PayPal. A withdrawal does not affect personal data which must necessarily be processed, used or transmitted for contractual payment processing.
The applicable data protection provisions of PayPal can be accessed at:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
12. Legal basis for processing
Art. 6(1)(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, with processing operations necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services.
If our company is subject to a legal obligation requiring the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary in order to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured at our premises and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In that case, processing would be based on Art. 6(1)(d) GDPR.
Finally, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if 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 override this interest. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, the legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller, Recital 47 sentence 2 GDPR.
13. Legitimate interests in processing pursued by the controller or a third party
Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.
14. Duration for which personal data is stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfilment or contract initiation.
15. Statutory or contractual requirements to provide personal data; necessity for conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data
We inform you that the provision of personal data may in part be required by law, for example tax regulations, or may also result from contractual provisions, for example information about the contracting party. In some cases, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data which 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 him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of 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 of failing to provide the personal data would be.
16. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in the Upper Palatinate, in cooperation with lawyer for data protection Christian Solmecke.
https://dg-datenschutz.de/datenschutzerklaerung_der_dgd_deutsche_gesellschaft_fuer_datenschutz/