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Privacy policy

Please note: The German law applies!

The following text has been translated into English so you can easily read it. In the event of a dispute, however, the corresponding German version shall be deemed to be authoritative. You will find the corresponding German version on https://derkraftgarten.de/datenschutz.

Privacy policy

In the following, we inform you about the processing of your personal data by us. Personal data in the sense of Art. 4 GDPR is any information relating to an identified or identifiable natural person (such as name, address, telephone number, e-mail, invoices, bank details, etc., as well as your user behavior).

Content

1. Contact details
2. Lawfulness of the processing of personal data
3. Collection and storage of personal data as well as type and purpose of their use
4. Storage period and data deletion
5. Transfer of data to third parties
6. Hosting
7. Cookies
8. Analysis services
9. Social media services
10. Other online services
11. Data subject rights
12. Right to object
13. Data security
14. Up-to-dateness and modification of this privacy policy

1. Contact details
This data protection information applies to data processing by the following data controller:

Responsible party:
Manfred Wolfgang Reithmayr

Address:
Schmidhammerstr. 5
D-82216 Maisach
Germany
info(at)derkraftgarten.de
(Please replace the (at) with the e-mail sign @!)
0049 - 8141 - 34 86 500

2. Lawfulness of the processing of personal data
As a matter of principle, we collect and use personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons or where the processing of the data is permitted by legal regulations.

According to Article 6 of the General Data Protection Regulation (GDPR), processing of personal data is lawful if one or more of the following points are met:

  • you have given your express consent to the processing pursuant to Art. 6 (1) p. 1 lit. a GDPR,
  • the processing is necessary according to Art. 6 para. 1 p. 1 lit. b GDPR for the processing of contractual relationships with you or for the implementation of pre-contractual measures, which take place upon your request,
  • there is a legal obligation on our part for the processing pursuant to Art. 6 para. 1 p. 1 lit. c GDPR,
  • the processing is necessary to protect your vital interests or those of another natural person, Art. 6 para. 1 p. 1 lit. d GDPR,
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us, Art. 6 (1) p. 1 lit. e GDPR,
  • processing is necessary for the purposes of protecting our legitimate interests or those of a third party in accordance with Art. 6 (1) p. 1 lit. f GDPR, unless your interests or fundamental rights and freedoms, which require the protection of personal data, override these interests.

3. Collection and storage of personal data as well as type and purpose of their use
In the course of using our website, we may process personal data such as contact data, usage data and communication data from the users of our website (these may be customers, interested parties as well as visitors to our website).

This is done, among other things, for the purpose of providing a functioning online offer, communicating with the users of our website, processing contact requests or customer inquiries and for the purpose of contract performance. Furthermore, data may be collected and processed for marketing purposes.

In the following, we will inform you about the data that may be collected from you and the purpose for which it may be collected and processed.

When visiting the website
When you call up our website, information is automatically sent to our website server by the browser used on your end device. This information is temporarily stored in a so-called log file. The following information may be collected without your intervention and stored until automated deletion:

  • IP address of the requesting computer
  • Date and time of access
  • Content of the request (specific page)
  • Name and URL of the accessed file
  • Access status/HTTP status code
  • Amount of data transferred in each case
  • website from which the access was made (referrer URL)
  • browser used and, if applicable, the operating system of your computer as well as the name of your access provider
  • language and version of the browser software

The aforementioned data is processed by us - if collected - for the following purposes:

  • Ensuring a smooth connection setup of the website
  • Ensuring a comfortable use of our website
  • Evaluation of system security and stability as well as
  • For further administrative purposes.

The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest follows from the previously listed purposes for data collection. In no case do we use the collected data for the purpose of drawing conclusions about your person.

In addition, we may use cookies and online services when you visit our website. You will find more detailed explanations in this data protection declaration.

Contract initiation/fulfillment
We process such personal data that we receive in the course of pre-contractual inquiries as well as in the course of our business relationship. For example, the following personal data may be collected and processed by us in the process: Salutation, first name and surname, address, telephone number, e-mail address, IBAN / credit card number together with check digit (in each case only insofar as this is necessary for the processing of payments).

Furthermore, data may be passed on to third parties (see point 5 "Passing on data to third parties" in this data protection declaration).

The processing as well as storage of your transmitted data is based on Art. 6 para. 1 p. 1 lit. b GDPR for the purpose of fulfilling a contract or carrying out pre-contractual measures. In other cases, we process and store your data by means of your consent pursuant to Art. 6 para. 1 p. 1 lit. a GDPR as well as on the basis of our legitimate interest in processing the inquiry addressed to us pursuant to Art. 6 para. 1 p. 1 lit. f GDPR.

When registering for our newsletter
You have the possibility to register for our newsletter. For this purpose, we require your e-mail address and, if applicable, your name as voluntary information for the purpose of addressing you in the newsletter.

We work with the so-called double opt-in procedure. Accordingly, after registration you will receive an e-mail from us asking you to confirm your registration. By clicking on the activation link contained in the e-mail, you confirm that you are the owner of the e-mail address and wish to receive the newsletter. If you have given your express consent, we will use your e-mail address based on your consent in accordance with Art. 6 (1) p. 1 lit. a GDPR to send you our newsletter with information about our offers at regular intervals.

If you do not confirm the activation link within three weeks, we will delete the e-mail address registered for the newsletter.

The data collected is only used to send the newsletter and to document your consent. When you register for the newsletter, we store your IP address and the date of registration. This storage serves solely as evidence in the event that a third party misuses an email address and registers to receive the newsletter without the knowledge of the authorized person.

You can unsubscribe from the newsletter at any time and revoke the consent you have given, with the consequence that the data stored for newsletter receipt will be deleted by us and you will no longer receive a newsletter from us. Data stored by us for other purposes will remain unaffected. You can declare the revocation by clicking on the unsubscribe link provided in every newsletter e-mail or by sending a message to the contact details provided in the imprint.

When using our contact form
For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. In doing so, it is necessary to provide a first and last name as well as a valid e-mail address so that we know from whom the inquiry originates and so that we can answer it. If necessary, the telephone number can be provided voluntarily.

The processing as well as storage of your transmitted data is based on Art. 6 para. 1 p. 1 lit. b GDPR for the purpose of processing your request. Furthermore, we process your data by means of your consent according to Art. 6 para. 1 p. 1 lit. a GDPR as well as on the basis of our legitimate interest in processing the inquiry directed to us according to Art. 6 para. 1 p. 1 lit. f GDPR.

4. Storage period and data deletion
As a matter of principle, we store personal data only until the purpose for which you entrusted us with the data has been fulfilled. After that, the data will be permanently deleted. However, if there are legal retention periods for the storage of personal data, we store it for as long as we are legally obliged to do so. Such obligations regularly result from legal obligations to provide evidence and to retain data, which are regulated, among other things, in the German Commercial Code and the German Fiscal Code, e.g. ten years for tax purposes. After expiry of the legal retention period, the data is permanently deleted.

Consent to the processing and storage of your personal data pursuant to Article 6 (1) sentence 1 a GDPR may be revoked at any time, with the result that the data will be permanently deleted, provided that there are no statutory retention periods to the contrary.

Further rights, by which we can be prohibited from processing your personal data, result from Art. 21 para. 1 and para. 2 GDPR. Information on the right of objection resulting from this can be found in this data protection declaration under item 14 "Right of objection".

5. Disclosure of data to third parties
We will only pass on your personal data to third parties if:

  • you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a GDPR,
  • the disclosure is necessary pursuant to Art. 6 (1) p. 1 lit. f GDPR for the protection of our legitimate interests or those of a third party, such as for the exercise, defense or assertion of legal claims, unless your interests or fundamental rights and freedoms requiring the protection of personal data override these,
  • in the event that a legal obligation exists for the disclosure pursuant to Art. 6 para. 1 p. 1 lit. c GDPR,
  • this is legally permissible and required according to Art. 6 para. 1 p. 1 lit. b GDPR for the processing of contractual relationships with you, such as the transfer of address data to a transport company. Likewise, data may be passed on to a dropshipper who then ships the goods to you on our behalf. If goods are ordered by you to be shipped to an address other than yours, this is done on the basis of our legitimate interests pursuant to Art. 6 (1) p. 1 lit. f GDPR in the proper performance of the contractual relationship, as well as
  • according to Art. 6 para. 1 p. 1 lit. b GDPR for the purpose of payment processing to the payment service provider commissioned with the payment processing and according to Art. 6 para. 1 p. 1 lit. f GDPR in the context of our legitimate interests in being able to offer reliable and secure payment processes.

If necessary, an order processing agreement pursuant to Art. 28 para. 3 p. 1 GDPR has been concluded with the service provider used.

In the event that personal data of the customer is processed in a third country (outside the EU), this is done within the framework of the previously given consent of the customer, within the framework of the fulfillment of the contract or due to legally existing obligations. The possible transfer takes place in compliance with the legal requirements. In particular, the regulations of Art. 44 to Art. 49 GDPR apply here.

6. Hosting
This website is hosted by an external service provider. Personal data collected on this website is stored on the hoster's servers, possibly in the USA. This may include, but is not limited to, IP addresses, contact requests, communication data, contract data, contact details, website accesses and other data generated via a website.
Our hoster will only process your data to the extent necessary to fulfill its service obligations and follow our instructions regarding this data. An order processing agreement pursuant to Art. 28 (3) p. 1 GDPR has been concluded with the hoster.

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers pursuant to Art. 6 para. 1 lit. b GDPR and in the interest of a secure, fast and effective provision of our online offer pursuant to Art. 6 para. 1 p. 1 lit. f GDPR.

Hoster: AVS - Andreas Günther
We host our website with the following service provider:

AVS
Andreas Günther
Mehrower Allee 53 A
12687 Berlin
Germany

For further information on data protection by AVS - Andreas Günther, please visit:
https://ag-webservice.de/datenschutz/

7. Cookies
We use cookies on our website. These are small files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our website. Cookies do not cause any damage to your end device, do not contain viruses, Trojans or other malware. In the cookie, information is stored that arises in each case in connection with the specific end device used.

For the use of the website, absolutely necessary cookies are used, which guarantee a smooth function of the website and do not require consent. The use of these cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies. Here, a session ID is generated, which assigns the session to the user and is stored temporarily. In this way, several windows of our website can be opened and assigned to the same user, log-in data or the contents of the shopping cart are thus retained. Session cookies are deleted when the browser is closed.

Furthermore, we may use functional cookies. These cookies save the settings made during your last visit to the website, such as the language selection or internal bookmarks, so that these do not have to be selected again. Future visits to our website can thus be made more pleasant.

Furthermore, so-called performance cookies may be used. These contain information about how our website is used. For example, we can see how often and how long our website is visited and which subpages are visited. This allows us to see which areas of our website are of particular interest to the user. Performance cookies allow us to analyze your surfing behavior for the purpose of optimizing our online offering. Conclusions about you as a user are not possible.

Marketing cookies from third-party providers can be set on your terminal device. The purpose is, within the framework of online marketing, the analysis of user behavior across several websites over a longer period of time in order to place personalized advertising accordingly.

You can configure your browser settings according to your preferences and refuse to accept cookies. We would like to point out that you may then not be able to use all the functions of this website.

The use of cookies is either based on your consent according to Art. 6 para. 1 p. 1 lit. a GDPR or in the context of our legitimate interests in a functional website according to Art. 6 para. 1 p. 1 lit. f GDPR.

8. Analysis services
We do not use any analysis services.

9. Social media services
We do not use any social media services.

10. Other online services
On our websites, we make use of online services and advertising tools of the companies listed below on the basis of your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO or within the scope of our legitimate interest in optimal marketing of our offer pursuant to Art. 6 (1) p. 1 lit. f DSGVO.

If necessary, an order processing agreement pursuant to Art. 28 (3) p. 1 DSGVO has been concluded with the service provider used. The responsibility for data protection-compliant operation is to be ensured by their respective providers.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

YouTube
We integrate online offers (idR videos) of the platform "Youtube" of the provider Google LLC on our website. Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, is responsible for the European region. The operator of the pages is Youtube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.

We have activated the "extended data protection mode" function of Youtube. If you call up a page of ours on which a Youtube video is embedded, according to Youtube no connection to the servers of Youtube is established. However, by calling up a page of ours on which a Youtube video is embedded, a connection to the Google network "Double Click", an advertising tool of the provider Google, may be established, which may trigger further data processing operations without our influence.

If you click on a YouTube video on our site, data (including your IP address) is transmitted directly to Google servers, possibly in the USA, and stored there. Google may store so-called cookies (see section 7 "Cookies") to evaluate your user behavior on your terminal device and assign this data to your user account if you are logged in to a Google service. If you do not want Google or Youtube to assign the data collected via our site to your user account, you must log out of the Google services before visiting our pages.

Google or Youtube may use this information, among other things, for the purpose of collecting video statistics and improving the user experience. We would like to point out that we have no knowledge of the content of the transmitted data or its use by Google or Youtube.

For more information about Google's privacy practices, please visit:
https://policies.google.com/privacy

Affiliate partner program
We work with an affiliate partner. Thereby we provided our partner with advertising opportunities on our pages for the purpose of reaching prospective customers for products. If you click on the advertisements and links, so-called affiliate links, we can receive a commission from the partner through this or through the perception of offers. In turn, our partner can recognize that a link set on our site has been followed, for example, to be able to allocate a purchase to our pages. Clicking on the link may result in the transmission of personal data, such as your IP address, access time and location.

Affiliate Partner: Cellavita
We are an affiliate of:

Cellavita GmbH & Co.KG
Gartenstr. 10
76846 Hauenstein
Germany.

By clicking on the link to the Hexagon Whirler and link to the Water Filter you will be redirected to the website of Cellavita.

Information about Cellavita's privacy policy is available at:
https://www.cellavita.de/privatsphaere-und-datenschutz

11. Data subject rights
You have the right:

  • In accordance with Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected from us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
  • pursuant to Art. 16 GDPR, to request the correction of incorrect or incomplete personal data stored by us without undue delay;
  • pursuant to Art. 17 GDPR, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
  • pursuant to Art. 18 GDPR, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 GDPR;
  • pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
  • in accordance with Art. 7 (3) GDPR, to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future; and
  • complain to a supervisory authority in accordance with Art. 77 GDPR if you believe that the processing of your personal data has been carried out unlawfully. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.

12. Right of objection
INSOFAR AS YOUR PERSONAL DATA IS COLLECTED ON THE BASIS OF OUR LEGITIMATE INTERESTS PURSUANT TO ART. 6 ABS. 1 S. 1 LIT. F GDPR, YOU HAVE THE RIGHT TO OBJECT PURSUANT TO ART. 21 ABS. 1 GDPR AGAINST THE PROCESSING OF YOUR PERSONAL DATA, PROVIDED THAT THERE ARE GROUNDS FOR DOING SO WHICH ARISE FROM YOUR PARTICULAR SITUATION. AS A RESULT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

YOU MAY ALSO OBJECT PURSUANT TO. ART. 21 ABS. 2 GDPR AGAINST THE PROCESSING OF PERSONAL DATA BY US, WHICH IS CARRIED OUT IN ACCORDANCE WITH ART. 6 ABS. 1 S. 1 LIT. F GDPR FOR THE PURPOSE OF DIRECT MARKETING, WITH THE CONSEQUENCE THAT WE NO LONGER PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING.

IF YOU WISH TO MAKE USE OF YOUR RIGHT OF REVOCATION OR OBJECTION, IT IS SUFFICIENT TO SEND AN E-MAIL TO THE E-MAIL ADDRESS STATED IN THE IMPRINT.

13. Data security
Within the website visit we use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser.

We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

14. Up-to-dateness and changes of this privacy policy
This data protection declaration is currently valid and has the status November 2021.

Due to the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. You can access and print out the current data protection declaration at any time on this website.


This Privacy Policy was created by https://www.gepruefter-webshop.de and is regularly checked for legal security. In case of a warning, "Geprüfter Webshop" assumes full liability for the created legal texts.
(The basis for this are the texts in the corresponding German version.)