www.hofbraeuhaus-shop.de and subpages
The protection and security of your (hereinafter "User") personal data as defined in Article 4 No. 1 of the General Data Protection Regulation (hereinafter "DSGVO") (hereinafter "pbD") is important to us. Accordingly, we comply with the legal requirements to provide the pbD of each user of the website the appropriate protection. In the following, we would like to inform you about the nature, scope and purpose of the processing of pbD on the website www.hofbraeuhaus-shop.de:
The operator of the website is CHAPS Merchandising GmbH, Johannisstraße 1, 50226 Frechen, Germany (hereinafter "CHAPS", "we" or "operator"). CHAPS processes pbD exclusively within the scope of the legal regulations.
Please note that you may be directed to other websites operated by third parties via links in the online store. Such links are either clearly marked or recognizable by a change in the address line of your browser. The operator is not responsible for compliance with data protection regulations on such websites operated by third parties.
This data protection declaration provides the information in accordance with Art. 13 DSGVO for the use of the website www.hofbraeuhaus-shop.de including the sub-pages. First of all, we will explain who the data controller is and who the data protection officer is, followed by information on the types of access in the various areas of the website, the purposes and legal basis of the processing, any recipients and any legitimate interests, deletion periods and any other information. To conclude this data protection policy, we explain your rights.
1. contact details of the person responsible
CHAPS Merchandising GmbH, Johan-nisstraße 1, 50226 Frechen, Germany, Tel.: +49 (0) 2234 999 07-0, Fax: +49 (0) 2234 999 07-710, E-Mail: firstname.lastname@example.org is responsible for the operation of the website including all sub-pages and for the handling of the pbD processed in this context.
2. contact details of the data protection officer
Our data protection officer is Prof. Klaus Gennen, c/o LLR DSC GmbH, Me-vissenstraße 15, 50668 Cologne, Germany, e-mail: email@example.com.
3. accessing the website
a. Types of personal data: Each time the website is called up, the following log files of the respective user are automatically recorded: Browser type and browser version ("U-ser agent"), operating system used, address of the previously visited website ("referrer URL"), address of the computer with which you access the online store ("IP address") and time of the retrieval of the online store. This information is transmitted by your browser, unless you have configured your browser to suppress the transmission of this information. A combination of this data with other data sources by the operator does not take place.
b. Purpose of processing: The log files are processed in order to ensure the functionality of the website. In addition, the data is used to ensure the security of the information technology systems on which the website is operated. The data is not evaluated for marketing or other purposes.
c. Legal basis for processing, legitimate interests: The legal basis for the processing of the data of the log files is Art. 6 para. 1 lit. f) DSGVO, i.e. it is the legitimate interests of the operator. These legitimate interests are to be able to provide you with our web offer.
d. Recipients/third parties/third country transfer: This data is not transferred to third parties (Art. 4 No. 10 DSGVO). All data is processed on computers within the European Union, the hoster of the website processes pbD only on our behalf (Art. 28 DSGVO). A transfer to a third country does not take place. A transmission of pbD to state institutions and authorities only takes place within the framework of legal regulations.
e. Deletion periods: The data is deleted at the latest when you end your visit to the website, i.e. when you close the browser on your computer. Data stored on the server is deleted in cyclical deletion processes for technical reasons no later than 14 days after the end of your visit.
4. use of the contact form
Before using the contact form (sending the completed form on the website https://www.hofbraeuhaus-shop.de/kontakt/), the user must consent to the processing of the personal data associated with the use of the contact form in accordance with the following provisions by actively checking a box, otherwise the completed form cannot be sent. For the right to revoke consent given at any time, see section 8.
a. Types of personal data: Types are last name, first name, e-mail address, subject, message content, technical logging of a declared consent.
b. Purposes of processing: The purpose is to respond to the user's inquiry, and subsequently, if applicable, to initiate, establish and implement a business relationship, depending on the nature of the inquiry.
c. Legal basis for processing: The legal basis is Art. 6 para. 1 lit. a) DSGVO, i.e. a declared consent, as well as, depending on the further course of communication, for the initiation and implementation of a business relationship, Art. 6 para. 1 lit. b) DSGVO.
d. Recipients/third parties/third country transfer: User data will not be transferred to third parties (Art. 4 No. 10 DSGVO), unless the user explicitly requests this transfer in his request and the consent also refers to this. All data is processed on computers within the European Union, the hoster processes pbD only on our behalf (Art. 28 DSGVO). A transfer to a third country does not take place. A transmission of pbD to governmental institutions and authorities will only take place within the framework of legal regulations.
e. Deletion periods: The data will be deleted after a maximum of three months after the request has been answered or dealt with, unless the nature of the request dictates otherwise (e.g. processing of advice). We also assume that your inquiry has been dealt with if you do not contact us again within three months of our reply to your inquiry. If your inquiry leads to a contractual relationship with the operator or if it directly prepares such a relationship, it will be deleted in accordance with the statutory provisions, at the latest three months after the intended contractual or pre-contractual relationship has ended. Deletion always takes place unless Article 17 (3) DSGVO intervenes, in particular legal obligations to retain data exist and/or the data is required for the assertion, exercise or defense of legal claims or against legal claims.
5. contacting by e-mail via e-mail addresses of the operator given on the website.
At various points on the website, we give you the opportunity to contact us directly by e-mail by providing an e-mail address. The following regulations apply to this possibility.
a. Types of personal data: Types are e-mail address, log files about the properties of the e-mail as well as the time of arrival, in addition, all pbD indicated in the e-mail by the sender or to be assigned to him.
b. Purposes of processing: The purpose is to respond to the user's inquiry, and subsequently, if applicable, to initiate, establish and implement a business relationship, depending on the nature of the inquiry.
c. Legal basis for processing: The legal basis for processing the data is Art. 6 (1) f) DSGVO, if the sender is not yet a customer or is not already in a business relationship or its initiation with us in another way. If a contractual relationship already exists or is to be initiated on the sender's initiative, the legal basis is Art. 6 (1) (b) DSGVO. Our legitimate interests in processing based on Art. 6 para. 1 lit. f) DSGVO are to inform you and to respond to your inquiry, possibly to enter into a business relationship with you, if this is part of your request.
d. Recipients/third parties/third country transmission: Data will not be transmitted to third parties (Art. 4 No. 10 DSGV) unless the user expressly consents. All e-mails are processed on computers within the European Union, the hoster processes pbD only on our behalf (Art. 28 DSGVO). A transfer to a third country does not take place. A transfer of pbD to government institutions and authorities only take place within the framework of legal requirements.
e. Deletion periods: The data will be deleted at the latest three months after the request has been processed, unless the nature of the request dictates otherwise (e.g. processing of consultation). We also assume that your inquiry has been dealt with if you do not contact us again within three months of our reply to your inquiry. If the inquiry leads to a contractual relationship or prepares such a relationship, the data will be deleted in accordance with the statutory provisions if the intended contractual or pre-contractual relationship is terminated, namely three months after its termination, unless Article 17 (3) of the Data Protection Regulation applies, in particular if there are statutory retention obligations and/or the data is required for the assertion, exercise or defense of legal claims or against legal claims.
6. creation of a user account
Before placing your first order in the online store, you can create your own customer account, which you can access in the future for all further orders.
a. Types of personal data: Types are name, first name (user name), e-mail address, telephone number and, if applicable, password. The password is not accessible to us. Payment-related data, which is required for certain types of payment, is also stored in your customer account with the exception of credit card data.
b. Purposes of the processing: The purpose of the processing is to facilitate and improve the purchase, in particular to facilitate the management of delivery addresses for orders, to check the order status, to provide an order history and to facilitate special and discount promotions.
c. Legal basis for the processing: the legal basis for the processing is Article 6(1)(b) of the GDPR, as such an account is opened for prospective customers on their initiative and only serves to facilitate the handling of the existing business relationship. As far as the indication of possible discount and special promotions is concerned, the legal basis is Art. 6 para. 1 lit. f) DSGVO; our legitimate interest is to inform you in the context of such a promotion about the products available on the website, all of which have a connection with the Hofbräuhaus.
d. Recipients/third parties/third country transmission: Data will not be transmitted to third parties (Art. 4 No. 10 DSGV). All data is processed on computers within the European Union, the hoster processes data only on our behalf (Art. 28 DSGVO). A transfer to a third country does not take place. A transfer of pbD to government institutions and authorities will only take place within the framework of legal requirements.
e. Deletion periods (Art. 13 para. 2 lit. a) DSGVO): Deletion will take place in accordance with the statutory provisions when the contractual relationship is terminated on the basis of which the authorization or necessity to create a user account existed, namely six months after its termination, unless Article 17 (3) DSGVO intervenes, in particular statutory retention obligations exist and/or the data is required for the assertion, exercise or defense of legal claims or against legal claims.
This part of the data protection provisions applies to the webshop. In addition, the regulations in section 3 apply to the general use of the website. For the creation of a customer account, section 6 applies. For the use of pbD, which you have transmitted in the purchase process, for advertising purposes, see also section 8.
a. Types of personal data: When ordering goods, the name/first name, postal address (for invoice and delivery of goods), e-mail address, bank details or credit card number of the user are processed for the purpose of concluding and processing the contract.
b. Purposes of processing: The purpose of processing is aimed at bringing about and handling the sale of goods, including follow-up after the transaction (advice, liability for defects, etc.). Accordingly, the operator uses your personal data exclusively for the processing and handling of an order, including the possible exercise of any existing right of withdrawal and the assertion of claims for defects.
c. Legal basis for processing: The legal basis is Art. 6 para. 1 lit. b) DSGVO, a contractual relationship to be initiated or existing.
d. Recipients/third parties/third country transmission: Data is only transmitted to third parties (Art. 4 No. 10 DSGV) within the framework described below or the user expressly consents to this.
In the context of the conclusion of the purchase contract, consent may be given to transmit the data required for processing to SCHUFA or Creditreform for credit assessment purposes. Recipients of pbD are also service partners who require personal data to process an order initiated by you. These include (a) transport companies (e.g. DPD DHL), to which your name, address and possibly your telephone number are transmitted for the delivery of your order, including the coordination of delivery dates, (b) banks and other payment service providers for the processing of payments (depending on the selected payment method Postbank, PayPal, Ogone or Billpay [cf. f.]), to which your name and payment data will be transmitted, (c) depending on the case, the company Trusted Shops (cf. g. below) and (d) customs facilities for exports subject to customs duties, to which your name, address, possibly your telephone number and your payment data will be transmitted for the processing of the export procedure.
With the hoster of the webshop an agreement for order processing according to Art. 28 DSGVO is agreed. A transfer to a third country does not take place without your consent. A transmission of pbD to government institutions and authorities other than customs will only take place within the framework of legal regulations.
e. Deletion periods: The data will be processed for the duration of the existence of the business relationship. Otherwise they will be deleted. In the case of terminated business relationships, the data will be deleted six months after the end of the business relationship. This does not apply insofar as Art. 17 Para. 3 DSGVO intervenes, in particular insofar as statutory retention obligations exist (10 years retention for documents in accordance with the German Fiscal Code and six years for business documents in accordance with the German Commercial Code) and/or the data is required for the assertion, exercise or defense of legal claims or against legal claims (e.g. defect liability claims or their defense).
f. If you choose the payment method purchase on account or purchase by direct debit via Billpay GmbH (https://www.billpay.de/endkunden/) as a partner of the operator, you will be asked in the ordering process to consent to the transmission of the data required for the processing of payment and an identity and credit check to Billpay GmbH. If you give your consent, your data (first and last name, street, house number, postal code, city, date of birth, telephone number and, in the case of purchase by direct debit, the specified account details) and the data relating to your order will be transmitted to Billpay GmbH.
For the purpose of its own identity and credit assessment, Billpay GmbH or a partner company commissioned by Billpay GmbH transmits data to credit agencies (credit agencies) and receives information from them as well as, if applicable, credit information on the basis of mathematical-statistical procedures. Detailed information on this and on the credit agencies used can be found in the data protection provisions of Billpay GmbH (https://www.billpay.de/allgemein/datenschutz/).
Billpay GmbH may also use third-party tools to detect and prevent fraud. Data obtained with these tools may be stored by third parties in encrypted form so that they can only be read by Billpay GmbH. Only if you select a payment method of Billpay GmbH, this data will be used, otherwise the data will automatically expire after 30 minutes.
g. The Trusted Shops trust badge is integrated on this website to display our Trusted Shops seal of approval and any ratings collected, as well as to offer Trusted Shops products to buyers after they have placed an order. This serves the selection of our legitimate interests in an optimal marketing of our offer according to Art. 6 para. 1 p. 1 lit. f DSGVO. The Trustbadge and the services advertised with it are an offer of Trus-ted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When the Trustbadge is called up, the web server automatically saves a so-called server log file, which contains, for example, your IP address, the date and time of the call-up, the amount of data transferred and the requesting provider (access data) and documents the call-up. This access data is not evaluated and is automatically overwritten at the latest seven days after the end of your visit to the site. Further personal data is only transferred to Trusted Shops if you have consented to this, have decided to use Trusted Shops products after completing an order, or have already registered to use them. In this case, the contractual agreement between you and Trusted Shops applies.
8. use of pbD for advertising purposes
a. If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right, on the basis of § 7 para 3 UWG regularly send you offers for similar products, such as those already purchased, from our range by e-mail. This serves to protect our legitimate interests in addressing our customers in an advertising manner, which are outweighed in the context of a balancing of interests. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.
b. If you register for our newsletter, we will use the data required for this purpose or separately provided by you to regularly send you our e-mail newsletter based on your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
c. Any consent you may have given applies exclusively to the companies (recipients) listed conclusively in the declaration of consent and to the offers of these companies listed conclusively there, and also only for the communication channel named in the declaration of consent (such as e-mail or telephone).
d. The conclusion of a contract is independent of consent to the use of your personal data for advertising purposes.
e. Consent to the use of personal data for these advertising purposes can be revoked at any time, see also section [Reference to the chapter on rights]. For this purpose, please contact the operator in accordance with the contact details in section 1. The text of the declaration of consent can also be requested there at any time. It is also possible to object to the use of personal data for advertising purposes at any time, irrespective of consent.
The online store uses so-called cookies. Cookies are small text files that are stored on your computer by the operator via your browser. They serve to make it easier for you to use the online store.
The cookies are only valid for the duration of your visit to the online store ("session cookies"), which are automatically deleted from your computer when you leave the online store. In addition, a cookie is also set for customers who are not registered and do not have their own customer account. This cookie stores the so-called session number until the next visit to the online store and is used to maintain a shopping cart that may have been started during your previous visit to the online store until the next visit and then to make it available to you again. Furthermore, for registered customers with their own customer account, a cookie is set that extends beyond the duration of the visit, in which the information required for registration in the online store is stored to facilitate access.
In addition to the aforementioned cookies, further cookies are used by the operator in the context of online advertising campaigns, which are used exclusively for statistical evaluation, e.g. of visitor numbers, pages visited and pages of origin, without personal data being used here. Information obtained from these cookies is also not associated with personal data.
The online store contains social plug-ins from Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). These are operated exclusively by Facebook and can be recognized by one of the Facebook logos; a list can be found at http://developers.facebook.com/plugins.
When visiting the online store with a Facebook plugin, your browser establishes a direct connection with the Facebook servers. According to Facebook, this transmits at least the information that you have visited the online store, including your IP address, date, time, browser used and operating system to Facebook, where the data will be deleted after 90 days. If you are logged in to Facebook via your personal user account during your visit to the online store, Facebook can assign this visit to your user account. If you click on a Facebook plugin or use other functions of Fa-cebook (e.g. writing a comment), this information is additionally transmitted to Facebook and stored by Facebook. If you wish to avoid this, you must log out of your personal user account on Facebook before visiting the online store. In addition, you can block the Facebook plugins with so-called add-ons for your browser.
For the purpose of demand-oriented design and optimization of this website, anonymized data is collected and stored by solutions and technologies of econda GmbH and user profiles are created from this data using pseudonyms. Cookies can be used for this purpose, which enable the recognition of an Internet browser. However, usage profiles are not merged with data about the bearer of the pseudonym without the express consent of the visitor. In particular, IP addresses are made unrecognizable immediately after receipt, which means that it is not possible to assign usage profiles to IP addresses. The analysis of user behavior is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the anonymized analysis of user behavior in order to optimize both its web offering and its advertising. Visitors to this website can object to this data collection and storage at any time for the future here. The objection only applies to the device and web browser on which it was set, please repeat the process on all devices if necessary. If you delete the opt-out cookie, requests will be sent to econda again.
10. rights of the user
If the legal requirements are met, the user has the right to information about pbD that we have stored about him at any time, Art. 15 DSGVO, as well as the right to rectification, Art. 16 DSGVO, restriction of processing, Art. 18 DSGVO, deletion of his data, Art. 17 DSGVO.
If the User has asserted the right to rectification, erasure or restriction of processing vis-à-vis the Operator, the Operator will notify all possible recipients to whom the relevant pbD have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
Likewise, the user has the right to revoke consent once given (Art. 7, Art. 6 para. 1 lit. a) DSGVO), Art. 7 para. 3 DSGVO). The proper revocation of consent does not affect the lawfulness of the data collection carried out up to that point.
In addition, the user has the right to object at any time, on grounds arising from their particular situation, to the processing of pbD relating to them which is carried out on the basis of Art. 6 (1) (e) or (f) DSGVO (cf. e.g. processing for the purposes of direct marketing), Art. 21 DSGVO.
In addition, if the legal requirements are met, the User has the right to receive his pbD, which he has provided to the Operator, in a structured, common and machine-readable format (right of data portability, Art. 20 DSGVO).
For the purpose of exercising these rights, the User shall contact the offices indicated under item 1 or 2. In addition, the user has the right to lodge a complaint with a supervisory authority if the legal requirements are met, Art. 77 DSGVO.
The operator reserves the right to make changes to the data protection declaration within the framework of legal requirements in order to adapt it to new legal provisions or other changes to the factual and legal situation. Therefore, please inform yourself at the beginning of the use of the online store about the data protection declaration valid at that time. In the event that you make a purchase, we will inform you during the purchase process of any changes to the data protection declaration that will then apply to the purchase to be made or as of the purchase to be made. If consents are to be extended or processing purposes are to change, we will also comply with the statutory provisions in this respect.