§ 1 General
Your personal data (e.g. title, name, address, e-mail address, telephone number, bank details, credit card number) will only be processed by us in accordance with the provisions of the German Data Protection Act and the Data Protection Act of the European Union (EU). The following regulations inform you not only about the processing purposes, recipients, legal bases, storage periods, but also about your rights and the persons responsible for your data processing. This data protection declaration only refers to our websites. If you are forwarded to other sites via links on our pages, please inform yourself there about the respective handling of your data.
§ 2 Data processing for contract fulfilment
(1) Purpose of processing
Your personal data, which you make available to us in the ordering process, are necessary for a contract with us. You are not obliged to provide your personal data. However, we cannot send you the goods without your address. With some payment procedures we need the necessary payment data in order to pass them on to a payment service provider commissioned by us. The processing of your data entered during the ordering process is therefore carried out for the purpose of fulfilling the contract.
If you send us an enquiry by e-mail, via a contact form etc. before the conclusion of the contract, we process the data received in this way to carry out pre-contractual measures and answer, for example, your questions about our products.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 b) DSGVO.
(3) Categories of recipients
Payment service provider, shipping service provider, hosting provider, merchandise management system if applicable, suppliers if applicable (dropshipping).
(4) Storage period
We store the data required for the execution of the contract until the end of the statutory warranty periods and, if applicable, contractual guarantee periods.
We keep the data required by commercial and tax law for the legally specified periods, regularly ten years (see § 257 HGB, § 147 AO).
The data processed for the implementation of pre-contractual measures will be deleted as soon as the measures have been carried out and a contract is clearly not concluded.
§ 3 Information on Cookies
(1) Purpose of processing
Technically necessary cookies are used on this website. These are small text files that are stored in or by your Internet browser on your computer system. These cookies make it possible, for example, to place several products in a shopping basket.
(2) Legal basis
The legal basis for this processing is Art. 6 para. 1 f) DSGVO.
(3) Legitimate interest
Our legitimate interest is the functionality of our website. The user data collected by technically necessary cookies are not used to create user profiles. This will safeguard your interest in data protection.
(4) Storage period
The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a varying lifespan from a few minutes to several years.
(5) Right of objection
If you do not wish these cookies to be stored, please deactivate the acceptance of these cookies in your Internet browser. However, this can result in a functional limitation of our website. You can also delete permanently stored cookies at any time via your browser.
§ 4 Rights of the person concerned
If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you have the following rights vis-à-vis us:
1. right to information
You may request confirmation from us as to whether personal data relating to you will be processed by us.
In the event of such processing, you may request the following information from us:
(1) the purposes for which the personal data will be processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;
(5) the existence of a right to rectify or delete the personal data relating to you, a right to limit our processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data, if the personal data is not stored by the person concerned; (7) the existence of a right of appeal with a supervisory authority.
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.
2. Right to rectification
You have a right of rectification and/or integration with us if the personal data processed concerning you is inaccurate or incomplete. We must carry out the rectification immediately.
3. Right to limit the processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) if we no longer need the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons to which we are entitled outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data – apart from its storage – may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.
If the processing restriction has been limited in accordance with the above conditions, you will be informed by us before the restriction is lifted.
4. Right to cancellation
(a) Duty to delete
You may request us to delete your personal information immediately and we are obligated to delete that information immediately for any of the following reasons:
(1) The personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.
b) Information to third parties
If we have made the personal data concerning you public and if we are obliged to delete them in accordance with Art. 17 (1) DSGVO, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist if the processing is necessary.
(1) the exercise of freedom of expression and information;
(2) to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which we are subject or to perform a task carried out in the public interest or in the exercise of official authority which is not carried out in accordance with the law of any Member State or of the Union to which we are subject, or to carry out a task carried out in the public interest or in the exercise of official authority which is carried out in accordance with the law of any Member State or of a Member State to which we are subject.
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 DSGVO;
(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, to the extent that the law referred to in Section a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised the right to correction, deletion or limitation of processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction, deletion or limitation of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed of such recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer these data to another responsible person without hindrance, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to request that the personal data relating to you be transferred directly by us to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
7. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
We will then no longer process the personal data concerning you unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
If the personal data concerning you are processed for the purpose of direct advertising, you have the right at any time to object to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.
You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.
9. Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is lawful under the laws of the Union or the Member States to which we are subject and those laws contain reasonable measures to protect your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), we shall take appropriate measures to protect your rights and freedoms as well as your legitimate interests.
10. Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State where you reside, at your place of work or at the place where the alleged infringement is alleged, if you consider that the processing of your personal data is in breach of the DSGVO.
The supervisory authority to which the complaint was submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.
Person responsible for data processing:
X-WILD GmbH & Co. KG
Phone: +49 (0) 931 / 88 065 016