This privacy statement informs you how Havanna Style in Essen handles your personal data under art. 12 and the following of the Datenschutzgrundverordnung (DSGVO) in the context of your visit of the website www.havanna-style.de respectively www.havanna-style.com.
Responsible in terms of the data privacy law is Frau Birgit Wortmann, Havanna Style, Giradetstraße 21, 45131 Essen.
Legal Basis and Purpose of the Data Processing
The basis of the data collection under art. 6 (1) DSGVO are if so the given approval from you (lit. a); if so the processing of the information for the performance of a contract or the contact initiation (lit. b), if so the performance of a legal responsibility (lit. b) or the data processing because of legitimate interests (lit. f).
During a visit of this website your data on one hand will be processed automatically by our EDP system. By calling our website the used browser on your device sends information to the server of our website. This information will be saved temporarily in a so called log file. The following information will be collected and saved without your interaction until its automatic deletion: IP-address of the calling device or computer, date and time of the access, name and URL of the retrieved file, websites from which the access is carried out, used browser and if so the operating system of your device or computer as well as the name of your access provider. The aforementioned data will be processed by us to ensure an unobstructed connection establishment of the websites as well as to ensure a comfortable use of our website. Herefrom results the legitimate interest under art. 6 (1) lit. a DSGVO.
Your data will be collected on the other hand because you are transferring them to us. That could be i.e. data which you are typing in a contact form. These in this context to us transferred personal data we are processing in order to be able to handle and answer to your requests. In any case that includes your name and your e-mail address to accord you an answer, as well as additional information which you send us in the context of your message. We process your personal data to reply on user requests, for the protection of our legitimate interests (art. 6 (1) lit. f DSGVO) in the appropriate handling and answer to your requests.
With your approval (art. 6 (1) lit. a DSGVO) we are using your data furthermore for promotional purposes, i.e. for sending newsletter and promotional e-mail. Though that as required data we process your name and your e-mail address. Anytime you may unsubscribe and perform the cancellation of the messaging by clicking on the therefore provided link in the newsletter and promotional e-mails.
In case you are subscribing for our free newsletter the data therefore requested from you will be transferred to us, thus your e-mail address as well as if so your name and your address. At the same time we are recording your IP-address of the Internet account from which you are accessing our internet presence, as well date and time of your login. In the context of the following login process we will obtain your approval to the transmission of the newsletter, describe the content correctly and refer to this privacy statement. The data collected by that we exclusively use for the transmission of the newsletter. The legal basis therefore is art. 6 (1) lit. a DSGVO. In the process we are using the service provider „Newsletter2GO“ (Köpenicker Str. 126, 10179 Berlin). The approval in the transmission of the newsletter you may withdraw anytime with effect on the future, accordingly art. 7 (3) DSGVO. For that you merely have to inform us about your withdrawal or click on the unsubscribe link included in any newsletter from us.
Some parts of our website are containing links to external third party websites. After clicking on this integrated link you will be redirected to the website of the respective provider, that means that not till then user data will be transmitted to the respective provider. In case you are sending information to or via such third party websites you should check the privacy statements of these sites, before you accord them information, which could assigned to your person. We are not responsible for their operation inclusive their handling of the data privacy protection.
A transfer of your personal data to third parties, for other purposes as described, does not occur. We only transfer your data to third parties, when: you gave us according to art. 6 (1) S. 1 lit. a DSGVO your explicit approval, the transfer is necessary according to art. 6 (1) S. 1 lit. f DSGVO for the claim, exercise or defense of legal titles and there is no reason for the assumption, that you have an predominant interest in not to transfer your data, for the case that exists a legal obligation for the transfer according to art. 6 (1) S. 1 lit. c DSGVO, as well as it is legal and necessary according to art. 6 (1) S. 1 lit. b DSGVO for the execution of contractual relationships with you.
In case you create via our internet presence an customer account, we will collect and save your data, which you typed in during the registration (thus i.e. your name, your address or your e-mail address), exclusive for activities precedent to the contract, for the execution of a contract or for the purpose of customer care (i.e. to deliver you an overview about your previous orders with us). Then at the same time we save your IP-address and the date of your registration besides the time. A transfer of that data to third parties does not occur. In the context of the following registration process your approval to the processing will be requested and referred to this privacy statement. The data collected in this process will be used exclusively for the provision of the customer account. Insofar you approve to this processing, art. 6 Abs. 1 lit. a DSGVO forms the die relevant legal basis for the processing. Insofar the creation of the customer account also serves additional for activities precedent to the contract, then the legal basis for this processing is also art. 6 (1) lit. b DSGVO. The us given approval in the creation and the maintenance of the customer account you anytime may withdraw according to art. 7 (3) DSGVO with effect on the future. For this you merely have to inform us about your withdrawal oft he approval. The till then collected data will be deleted, as soon as the processing is no more necessary. However here we have to consider record retention periods, according to the tax law and to the commercial law.
If you close a contract at our website, we process the necessary data for the conclusion, performance or the termination of the contract with you (first name, family name, invoice address, address for delivery, e-mail-address, invoice data and payment data, date of birth, telephone number). That results from the legal basis of art. 6 (1) lit. a u. b DSGVO. We are obligated to the processing of your e-mail address in case of a purchase via our website because of legal provisions in the Civil Law Code (BGB), which demands the sending of an electronic order confirmation, art. 6 (1) lit. c DSGVO. Insofar we don’t use your data for promotional purposes, we save your data, necessary to carry out the contract, for the period of the contract as well as until the expiration of the legal or possible contractual warranty and guaranty rights. After the expiration of this period we preserve the necessary information about the contractual relationship, according to the tax law and to the commercial law for the legal regularized periods. For the performance of a contract via our website, the payment data will be transferred to a by us authorized service provider, who will handle the payment. Information about your address for the delivery we transfer to a by us authorized courier service. The respective data will be transferred exclusive for the respective purposes and deleted after delivery has taken place.
Information about Plugins and Analysis Tools
The below-mentioned and by us used analysis tools will be operated on the basis of art. 6 (1) S. 1 lit. f DSGVO. With the to be applied analysis measures we like to ensure a tailored design and a continuous optimization of our website. On the other hand we use analysis measures to statistically record the use of our website and for the purpose to evaluate the optimization of our offer for you, as well as for the external presentation. The respective purposes of data processing and data categories needed to be taken from the respective Plugins and Tools.
For the purpose of a tailored Design and a continuous optimization we use on our website Google Analytics, a advertising analysis service of the Google Inc. (https://www.google.de/ intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; below „Google“). In this context will be generated pseudonymized customer profiles and Cookies used. The by the Cookie generated information about the use of these websites, as there are the browser type and the browser version, the used operating system, the referring-URL (the prior used website), the hostname of the accessing computer (IP-address), te time of the server request, will be transferred to a server of Google in the USA and saved there. The information will be used to evaluate the use of the websites, to prepare reports about the website activities and to provide further services, connected with the use of the websites and of the internet for purposes of the market research and tailored design of this webpages. Furthermore this information will be as the case may be transferred to third parties, insofar that is legally required or insofar third parties are processing this data by order. The IP-addresses will be anonymized, so that a correlation is not possible. (IP-masking). You may prevent the installation of Cookies by the respective preferences of the browser software; however in that case we indicate on the fact that then the functionality of the websites may be limited. Furthermore you prevent the data collection, generated by the Cookie and related to your use of the websites (inclusive your IP-address) as well as the processing of the data by Google, downloading and installing a browser-add-on (https:// tools.google.com/dlpage/gaoptout?hl=de). Alternative tot he browser-add-on, especially with browser software at mobile devices, you may prevent the recording by Google Analytics by clicking on https://tools.google.com/dlpage/gaoptout. It will generate a opt-out-Cookie, that prevents in the future the recording of your data during the visit of this websites. The Opt-out Cookie is valid only for this browser and only for our websites and will be stored at your device. If you are delete the Cookies in this browser you have to generate the Opt-out-Cookie anew. Further information about the data protection in the context with Google Analytics you will find perhaps in the Google Analytics-help (https://support.google.com/analytics/answer/ 6004245?hl=de).
To record the use of our websites statistically und for the purpose of the evaluation for the optimization of our websites we are using further the Google Conversion Tracking. Trough that will be stored from Google AdWords a Cookie on your computer, insofar you reached our website via a Google advertisement. This Cookies lose their validity after 30 days and do not serve for the personal identification. Does the user visit specific sites of the website of the AdWords customer and the Cookie is still valid, Google and the customer may recognize that the user has clicked on the advertisement and was redirected to this site. Every AdWords customer receives a different Cookie. Therefore Cookies cannot traced via the websites from AdWords customers. The information, gathered with the aid of the Conversion-Cookies serve for generating Conversion statistics for AdWords customers, which have decided for Conversion tracking. The AdWords customer learn about the total amount of visitors, which have clicked on their advertisement and were redirected to a with a Conversion-TrackingTag marked site. They don’t receive any information, with which the user may identified personally. If you don’t like to participate on the Tracking procedure, you may decline also the therefore necessary generation of the Cookies – perhaps by the browser preference, which deactivates generally the automatic generation of Cookies. You also may deactivate the Cookies for the Conversion-Tracking, by modify the settings of your browser that way, that Cookies from the domain „www.googleadservices.com“ were blocked. The privacy statement of Googles regarding the Conversion-Tracking you will find under (https://services.google.com/sitestats/de.html).
Fort he display oft he fonts oft he website the provider uses external fonts in form of „Google Fonts“, a service of the Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, below named as „Google“. Google is certified according tot he „EU-US Privacy Shield“ and guarantees through that the compliance of the data protection requirements of the EU during the processing of the data in the USA. https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active Accessing the website of the provider a connection to the Google-Server in the USA will be generated, to make the display of the fonts possible, respectively to actualize the font. The legal basis therefore is art. 6 (1) lit. f DSGVO. The legitimate interest of the provider is based in the optimization and the economic maintenance of the website. Due to the connection Google may recognize, from which website a request was send and to which IP-address the display of the font was transferred. Further information, especially about the possibilities to prevent the use of this data, offers Google with the following links : https://policies.google.com/privacy und https://adssettings.google.com/authenticated.
Furthermore we use for our Online-Shop the WordPress-Plugin WooCommerce. Through that if so will be saved contact and payment data from customers in the WordPress data bank and if so also transferred to payment service providers.
We have implemented on our website also the Social Plug-in of the social network Facebook, to make our company externally well known and famous. Facebook is a internet service of the facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU this service is maintained by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Irland, below both named only „Facebook“. Through the certification according to the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active guarantees Facebook, that the data protection requirements of the EU will be met also during the data processing in the USA. Legal basis is art. 6 (1) lit. f) DSGVO. Our legitimate interest is based in the improvement of the quality of our internet presence. Further information about the possible Plug-ins as well as about there respective function Facebook provides for you under https://developers.facebook.com/docs/plugins/. Insofar the Plug-in is implemented on one of our sites you have visited, your internet browser downloads an image of the Plug-in from the servers of Facebook in the USA. Because of technical reasons it is therefore necessary that Facebook processes your IP-address. Besides that furthermore will be collected also date and time of the visit of our websites. If you are logged in to Facebook, during you are visiting one of our sites, which has implemented the Plug-in, the gathered information by the Plug-in of your specific visit will be recognized by Facebook. The information, in that way collected, Facebook possibly assigns to your local personal user account. Insofar you are using i.e. the so called “Like” button from Facebook, this information will be saved in your Facebook user account and if so published via the platform of Facebook. If to like to prevent that, you either have to logout from Facebook before your visit our internet presence or due to the use of an Add-on for your internet browser block the loading of the Facebook-Plug-in. Further information about the collection and usage of data, as well as about your rights and protection possibilities in this regard provides Facebook in the privacy statement under https://www.facebook.com/policy.php. By the way, you may identify the Facebook-Plugins with the Facebook logo or the „Like button“ on our website. An overview about the Facebook-Plugins you may find here: https://developers.facebook.com/docs/plugins/. When you visit our sites, a direct connection will be established between your browser and the Facebook server. Due to that Facebook receives the information, that you has visited our site with your IP-address. When you click on the Facebook „Like button“ during you are logged in in your Facebook account, you may link content of our sites on your Facebook profile. Therefore Facebook is able to assign the visit on our sites to your user account. We point out, that we as provider of the website, have no knowledge about the content of the transmitted data, as well as about their use by Facebook. Further information you may find in the privacy statement of Facebook under: https://de-de.facebook.com/policy.php.
We use on our website also the Social Plug-in YouTube. That is an service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) . When you visit a site which has implemented such a Plugin, your browser establishes a connection to Google. The contents were loaded then from this sites. Due to that your visit if so may traced from Google, still when you are not using the function of the Social Plugin not actively. If you have an account with Google, you may use such a Social Plugin and share information with friends. We have no influence on the content of the plugins and the information transfer. On their website (https://www.google.com/intl/de/policies/privacy) Google provides information about the volume, the type, the purpose and the further processing of your data. There you find also further information about your rights and about possibilities to modify preferences for the protection of your privacy.
Rights of Person concerned
You have the right:
· according to art. 15 DSGVO require information about your personal data processed by us. In particular you may require information about the purposes of the processing, the category of the personal data, the categories of recipients, whom has or will be laid open your data, the planned storage period, the existence of a right for correction, deletion, limitation of processing or objection, the existence of a right of complaint, the source of your data insofar they were not collected by us, as well as about the existence of a automatic decision making inclusive profiling and if so demand meaningful information about its details;
· according to art. 16 DSGVO demand immediately the correction of incorrect or the completion of your personal data collected by us.;
· according to art. 17 DSGVO demand the deletion of your personal data collected by us, insofar the processing is not necessary for the exercise of the right to freedom of expression and information, for the performance of a legal commitment, because of reasons of the public interest or for the claim, exercise or defense of legal titles;
· according to art. 18 DSGVO demand the limitation of the processing of your personal data, insofar you contradict the correctness of your data, the processing is illegal, you however decline their deletion and we no more need your data, but you need them for the claim, exercise or defense of legal titles or you have objected according to art. 21 DSGVO against the processing;
· according to art. 20 DSGVO receive your personal data, which you have provided to us, in a structured, current and machine-readable format, or demand the forwarding to a different responsible person;
· according to art. 7 (3) DSGVO anytime to revoke your once to us given approval. This involves, that we are not allowed to continue the data processing which was based on this approval in the future and
· according to art. 77 DSGVO complain to the regulatory authority. Generally for that you may contact the regulatory authority of your common residence, your place of work or our company site.
In case your personal data were processed on the basis of legitimate interests according to Art. 6 Abs. 1 S. 1 lit. f DSGVO, you have the right to file an objection against the processing of your personal data according to Art. 21 DSGVO, insofar causes shown which are result from your particular situation or if the objection is aimed against direct mail. In the latter case you have an general objection right, which will be realized by us without declaration of a particular situation. If you like to use your objection right, it is sufficient to send an e-mail to email@example.com.
This privacy statement is as at June 2018. Through the development of our website and offers or through changed legal or regulatory provisions it may be necessary to modify this privacy statement. Anytime the respectively actual privacy statement may retrieved and printed on our website.
Reference of the Privacy Statement:
Kogge, Sammet, Ufer & Kollegen, Rechtsanwälte und Notarkanzlei