Datenschutzerklärung

Privacy policy

In accordance with the legal requirements of data protection law (in particular the German Federal Data Protection Act (BDSG) as amended and the European General Data Protection Regulation (GDPR)), we hereby inform you about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as For definitions of "personal data" or "processing", please refer to Art. 4 GDPR. Name and contact details of the controller Our controller (hereinafter "controller") within the meaning of Art. 4(7) GDPR is:

myBotanika
Krystian Kalinowski und Frank Bonk GbR.
39 Freie Scholle
44339 Dortmund
Fax: info@mybotanika.de
E-Mail-Adresse: info@mybotanika.de

Types of data, purposes of processing and categories of data subjects
Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. Types of data that we process
Inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.),

2. Purposes of the processing pursuant to Art. 13 para. 1 c) GDPR
Processing of contracts, fulfillment of contractual obligations, customer service and customer care,

Categories of data subjects pursuant to Art. 13(1)(e) GDPR Customers, interested parties
The data subjects are collectively referred to as "users".

Below, we provide information about the legal basis for the processing of personal data:

1. If we have obtained your consent to process personal data, the legal basis is Art. 6 (1) (a) GDPR.
Para. 1 sentence 1 lit. a) GDPR legal basis.

2. If processing is necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract, the legal basis is Art. 6 para. 1 sentence 1 lit. b) GDPR.

3. If processing is necessary to fulfil a legal obligation to which we are subject (e.g. statutory retention obligations), the legal basis is Article 6(1)(c) GDPR.
statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) GDPR is the legal basis.

4. If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6(1)(d) GDPR.

5. If processing is necessary to safeguard our legitimate interests or those of a third party and your interests or fundamental rights and freedoms do not override these interests, the legal basis is Art.

6. (1)(f) GDPR Legal basis.

Transfer of personal data to third parties and processors

We do not pass on any data to third parties without your consent. Should this be the case, however, the transfer will be based on the aforementioned legal grounds, e.g. when transferring data to online payment providers for the purpose of fulfilling a contract, or due to a court order or a legal obligation to disclose the data for the purposes of criminal prosecution, averting danger or enforcing intellectual property rights. We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to processors within the framework of a data processing agreement, this is always done in accordance with Art. 28 GDPR. We carefully select our processors, monitor them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organisational measures and comply with the data protection regulations in accordance with the BDSG (Federal Data Protection Act) as amended and the GDPR.

Data transfer to third countries
The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data will therefore be processed primarily by companies to which the GDPR applies. If processing is carried out by third-party services outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 ff. GDPR. This means that processing is carried out on the basis of special guarantees, such as the EU Commission's official recognition of a level of data protection equivalent to that of the EU or compliance with officially recognised a) GDPR obtain your express consent to the transfer of data to the USA, we would like to point out the risk of secret access by US authorities and the use of data for surveillance purposes, possibly without legal recourse for EU citizens.

Deletion of data and storage duration
Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke your consent to processing or the The purpose for storage no longer applies or the data is no longer required for that purpose, unless further storage is necessary for evidence purposes or is required by statutory retention obligations. This includes, for example, commercial law retention obligations for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and tax law retention obligations in accordance with Section 147 (1) of the German Fiscal Code (AO) for receipts (10 years). When the prescribed retention period expires, your data will be blocked or deleted, unless storage is still necessary for the conclusion or fulfilment of a contract.

Existence of automated decision-making
We do not use automated decision-making or profiling.

Provision of our website and creation of log files

1. If you use our website for informational purposes only (i.e. no registration or other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
- IP address;
- Internet service provider of the user;
- Date and time of retrieval;
- Browser type;
- Language and browser version;
- Content of the retrieval;
- Time zone;
- Access status/HTTP status code;
- Amount of data;
- Websites from which the request comes;
- Operating system.
This data is stored together with other personal data of yours.
does not take place.

2. This data is used for the purpose of providing you with a user-friendly, functional and secure website with functions and content, as well as for optimisation and statistical evaluation.

3. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 (1) (f) GDPR, which also lies in the above purposes.

4. For security reasons, we store this data in server log files for a period of several days. After this period has expired, it is automatically deleted unless we need to retain it for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies
1. We use cookies when you visit our website. Cookies are small text files that your internet browser stores on your computer. When you visit our website again, these cookies provide information that allows us to recognise you automatically. Cookies also include "user IDs", which store user information in pseudonymised profiles. When you visit our website, we inform you about the use of cookies for the aforementioned purposes by referring you to our privacy policy. Purposes and how you can object to them or prevent their storage ("opt-out").

A distinction is made between the following types of cookie:
• Necessary, essential cookies: Essential cookies are cookies that are absolutely necessary for the operation of the website in order to store certain functions of the website such as logins, shopping cart or user entries, e.g. regarding the language of the website.
• Session cookies: Session cookies are required to recognise multiple use of an offer by the same user (e.g. when you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognise you. The information obtained in this way is used to optimise our offers and to make it easier for you to access our site. When you close your browser or log out, the session cookies are deleted.
• Persistent cookies: These cookies remain stored even after you close your browser. They are used to store your login details, measure reach and for marketing purposes. They are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in your browser's security settings.
• Third-party cookies (especially from advertisers): You can configure your browser settings according to your preferences and, for example, accept from third-party cookies or all cookies. However, we would like to point out that you may not be able to use all the functions of this website if you do so. For more information about these cookies, please refer to the respective privacy policies of the third-party providers.

2. Data categories: User data, cookies, user ID (including pages visited, device information, access times and IP addresses).

3. Purposes of processing: The information obtained in this way is used to optimise our web offerings technically and economically and to provide you with easier and more secure access to our website.

4. Legal basis: If we process your personal data with the help of cookies on the basis of your consent ("opt-in"), then Art. 6 (1) (a) GDPR is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Art. 6(1)(f) GDPR is the legal basis. The legal basis is also Art. 6(1)(b) GDPR if the cookies are set for the purpose of initiating a contract, e.g. for orders.

5. Storage period/deletion: The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collected for the provision of the website, this is the case when the respective session has ended. Otherwise, cookies are stored on your computer and transmitted to our site. As a user, you therefore have full control over the use of cookies.

Here you will find information on deleting cookies by browser:
Chrome: https://support.google.com/chrome/answer/95647
Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac
Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen
Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies
Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies

6. Objection and opt-out: You can generally prevent cookies from being stored on your hard drive, regardless of consent or legal permission, by selecting "do not accept cookies" in your browser settings. However, this may result in functional restrictions to our offers. You can object to the use of third-party cookies for advertising purposes via a so-called "opt-out" on this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).

Processing of contracts

1. We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact details of users, email), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who the contractual partner is; establishment, content and execution of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 (1) (b) GDPR.

The information marked as mandatory in online forms is required for the conclusion of the contract.

2. This data will not be passed on to third parties unless it is necessary to pursue our claims (e.g. transfer to a solicitor for debt collection) or to fulfil the contract (e.g. transfer of data to payment providers) or unless there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.

3. We may also process the data you provide to inform you about other interesting products from our portfolio or to send you emails containing technical information.

4. The data will be deleted as soon as it is no longer required for the purpose for which it was collected. This is the case for inventory and contract data when the data is no longer required for the execution of the contract and no further claims can be asserted under the contract because they have become time-barred (warranty: two years / standard limitation period: three years). We are obliged under commercial and tax law to store your address, payment and order data for a period of ten years. However, upon termination of the contract after three years, we restrict processing, i.e. your data will only be used to comply with legal obligations. Information in the user account remains until it is deleted.

Google Analytics

1. We have integrated the website analysis tool "Google Analytics" (service provider: Google Ireland Limited, registration no.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) into our website.

2. Data categories and description of data processing: User ID, IP address (anonymized). We have activated the IP anonymisation function "anonymizeIP", which means that IP addresses are only processed in truncated form. On this website, your IP address will therefore be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the responsible party. We have also activated cross-device analysis of website visitors, which is carried out using a so-called user ID. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. Further information on data usage in Google Analytics can be found here: https://www.google.com/analytics/terms/de.html (Analytics Terms of Service), https://support.google.com/analytics/answer/6004245?hl=de (Analytics Privacy Policy) and Google's Privacy Policy https://policies.google.com/privacy.

3. Purpose of processing: Google Analytics is used for the purpose of analysing, optimising and improving our website.

4. Legal basis: If you have given your consent ("opt-in") to the processing of your personal data by the third-party provider "Google Analytics", then Art. 6 para. 1 sentence 1 lit. a) GDPR provides the legal basis. The legal basis is also our legitimate interest (in analysing, optimising and improving our website) in data processing in accordance with Art. 6(1)(f) GDPR for the purposes stated above. For services provided in connection with a contract, the tracking and analysis of user behaviour is carried out in accordance with Art. 6 (1) (b) GDPR in order to be able to offer optimised services for the fulfilment of the contractual purpose using the information obtained.

5. Storage period: The data we send and link to cookies, user IDs (e.g. user ID) or advertising IDs is automatically deleted after several months. Data that has reached its retention period is automatically deleted once a month.

6. Data transfer/recipient category: Google, Ireland and the USA. We have also concluded an agreement with Google for order processing in accordance with Art. 28 GDPR.

7. Objection and removal options ("opt-out"):
• You can generally prevent cookies from being stored on your hard drive by selecting "do not accept cookies" in your browser settings. However, this may result in functional restrictions to our offers. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website, as well as Google from processing this data, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de
• As an alternative to the browser plugin above, you can prevent Google Analytics from collecting your data by clicking [please insert the Analytics opt-out link for your website here]. Clicking this link will set an opt-out cookie that will prevent your data from being collected when you visit this website in future. This cookie only applies to our website and your current browser and will only remain in place until you delete your cookies. In this case, you will need to set the cookie again. visiting this website in future. This cookie only applies to our website and your current browser and only remains in place until you delete your cookies. In this case, you would need to set the cookie again.
• You can disable cross-device user analysis in your Google account under "My data > Personal data".

Presence in social media

1. We maintain profiles and fan pages on social media. When you use and access our profile on the respective network, the respective privacy policy and terms of use of the respective network apply.

2. Data categories and description of data processing: usage data, contact data, content data, inventory data. Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, usage profiles can be created based on user behaviour and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data can also be stored in the usage profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them). For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer to the privacy policies and information provided by the operators of the respective networks. In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be most effectively asserted with the providers. Only the providers have access to the users' data and can take appropriate measures and provide information directly. However, if you still require assistance, please contact us.

3. Purpose of processing: Communication with users connected and registered on social networks; information and advertising for our products, offers and services; external representation and image cultivation; evaluation and analysis of users and content of our social media presence.

5. Data transfer/recipient category: social network.

6. The data protection information, information options and opt-out options of the respective networks/service providers can be found here:

• Facebook – Service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland); website: www.facebook.com; privacy policy: https://www.facebook.com/about/privacy/, opt-out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com; Objection: https://www.facebook.com/help/contact/2061665240770586; Agreement on joint processing of personal data on Facebook pages (Art. 26 GDPR): https://www.facebook.com/legal/terms/page_controller_addendum, data protection information for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.
• Instagram – Service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) – Privacy policy/opt-out: https://help.instagram.com/519522125107875, objection: https://help.instagram.com/contact/186020218683230; Agreement on joint processing of personal data on Instagram pages (Art. 26 GDPR): https://www.facebook.com/legal/terms/page_controller_addendum.
• Twitter – Service provider: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy policy: https://twitter.com/de/privacy, Opt-out: https://twitter.com/personalization.

Social media plug-ins

1. We use social media plug-ins from social networks on our website. We use the so-called “two-click solution” Shariff from c't and heise.de: https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html; Service provider: Heise Medien GmbH & Co. KG, Karl-Wiechert-Allee 10, 30625 Hanover, Germany; Privacy policy: https://www.heise.de/Datenschutzerklaerung-der-Heise-Medien-GmbH-Co-KG-4860.html.

4. Legal basis: The legal basis for the processing of personal data is our legitimate interest in the above purposes pursuant to Art. 6(1)(f) GDPR. If you have given us or the social network operator consent to process your personal data, the legal basis is Art. 6(1)(1)(a) a) in conjunction with Art. 7 GDPR. In the case of pre-contractual enquiries or the use of your personal data for the performance of a contract, the legal basis is Art. 6 para. 1 sentence 1 lit. b) GDPR.

5. Data transfer/recipient category: social network.

6. Social networks used and objection: With regard to the purpose and scope of data collection and processing, we refer you to the respective privacy policies of the social networks. There you will also find information about your rights and settings options for protecting your personal data. You have the right to object to the creation of these user profiles, whereby you can exercise these rights directly with the respective plug-in provider.

Facebook
1. We have integrated plug-ins from the social network Facebook.com (EU headquarters: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) into our website as part of the so-called "two-click solution" from Shariff. You can recognise these by the Facebook logo "f" or the addition "Like" or "Share".
2. As soon as you deliberately activate the Facebook plug-in, a connection is established between your browser and Facebook's servers. Facebook receives information, including your IP address, that you have visited our website and transfers this information to Facebook's servers in the USA, where it is stored. If you are logged into your Facebook account, Facebook can assign this information to your account. When you use the plug-in's functions, e.g. by clicking the "Like" button, this information is also transferred from your browser to Facebook's servers in the USA, where it is stored and displayed on your Facebook profile and, if applicable, to your friends.
3. The purpose and scope of data collection and its further processing and use by Facebook, as well as your rights in this regard and settings options for protecting your privacy, can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/. Data collection when clicking the “Like” button: https://www.facebook.com/help/186325668085084. You can manage and object to your settings regarding the use of your profile data for advertising purposes on Facebook here: https://www.facebook.com/ads/preferences/.
4. If you log out of Facebook before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your Facebook profile when you activate the plug-in.
5. Agreement on joint processing of personal data on Facebook pages (Art. 26 GDPR): https://www.facebook.com/legal/terms/page_controller_addendum, data protection information for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.

Twitter
1. We have plug-ins from the social network Twitter.com (Twitter Inc., 1355 Market St., Suite 900, San Francisco, California 94103, USA) on our website as part of the so-called Shariff's "two-click solution" is integrated. You can recognise these plug-ins by the Twitter logo with a white bird on a blue background. An overview of Twitter buttons and tweets can be found at: https://developer.twitter.com/en/docs/twitter-for-websites/overview.
2. If you are logged into your Twitter account while you deliberately activate the Twitter plug- ins, Twitter can assign the visit to our website to your Twitter profile.
3. If you wish to prevent data from being transferred to Twitter when the plug-in is activated, log out of Twitter before visiting our website and delete your cookies.
4. Zweck und Umfang der Datenerhebung sowie ihre weitere Verarbeitung und Nutzung der Daten durch Twitter sowie Ihre diesbezüglichen Rechte und Einstellungsmöglichkeiten zum Schutz Ihrer Privatsphäre, können Sie den Datenschutzhinweisen von Twitter entnehmen: https://twitter.com/de/privacy. Widerspruch (Opt-Out): https://twitter.com/personalization.

Instagram
1. We have integrated plug-ins from the social network Instagram (service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) into our website as part of the so-called "two-click solution" from Shariff. You can recognise these by the Instagram logo in the form of a square camera.
2. If you deliberately activate the plug-in, a connection is established between your browser and Instagram's servers. Instagram receives the information, including your IP address that you have visited our site and transmits the information to Instagram's servers in the United States, where this information is stored. If you are logged into your Instagram account, Instagram can associate this information with your account and you can click on the Instagram button to share and save the content of our pages on your Instagram account and, if applicable, show it to your friends there. We have no knowledge of the exact content of the data transmitted, its use and storage duration by Instagram.
den Instagram-Button anklicken und so die Inhalte unserer Seiten auf Ihrem Instagram-Account teilen und speichern sowie ggf. Ihren dortigen Freunden anzeigen. Wir haben keine Kenntnis über den genauen Inhalt der übermittelten Daten, deren Nutzung und Speicherdauer durch Instagram.
3. If you log out of Instagram before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your Instagram profile when you activate the plug-in.
4. You can find further information in Instagram's privacy policy/opt-out at / Opt-out: https://help.instagram.com/519522125107875, Objection: https://help.instagram.com/contact/186020218683230; Agreement on joint processing of personal data on Instagram pages (Art. 26 GDPR): https://www.facebook.com/legal/terms/page_controller_addendum.

Rights of the data subject

1. Objection or revocation against the processing of your data
If the processing is based on your consent pursuant to Art. 6 (1) (a) and Art. 7 GDPR, you have the right to withdraw your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of your consent until withdrawal. If we base the processing of your personal data on the balancing of interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, you may object to the processing. This is the case if the processing is not necessary in particular for the performance of a contract with you, which is explained by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adjust the data processing or point out to you our compelling legitimate reasons for continuing the processing. You may object to the processing of your personal data for advertising and data analysis purposes at any time. You may exercise your right to object free of charge. You can inform us of your objection to advertising using the following contact details: myBotanika Krystian Kalinowski and Frank Bonk GbR.

myBotanika
Krystian Kalinowski and Frank Bonk GbR.
39 Freie Scholle
44339 Dortmund
E-mail address: info@mybotanika.de

2. Right to information
You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to obtain information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, and the origin of your data if it was not collected directly from you.

3. Right to rectification
You have the right to rectify inaccurate data or to complete accurate data in accordance with Art. 16 GDPR.

4. Right to erasure
You have the right to have your data stored by us deleted in accordance with Art. 17 GDPR, unless this conflicts with statutory or contractual retention periods or other legal obligations or rights to further storage.

5. Right to restriction
You have the right to request a restriction on the processing of your personal data if one of the conditions in Art. 18(1)(a) to (d) GDPR is met:
• If you dispute the accuracy of the personal data concerning you for a period enabling allows the controller to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
• the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims; or
• if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.

6. Right to data portability
You have a right to data portability pursuant to Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, commonly used and machine-readable format or request that it be transferred to another controller.

7. Right to lodge a complaint
You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority in the Member State of your habitual residence, place of work or place of the alleged infringement.

Data security
In order to protect all personal data transmitted to us and to ensure that data protection regulations are complied with by us and our external service providers, we have taken appropriate technical and organisational security measures. For this reason, all data between your browser and our server is transmitted via a secure SSL connection.

In the case of legal disputes, the German version shall be valid.