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DATA PROTECTION

This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsiblelocal

Martin & Meyer GbR
Schneidhausen 5
b
52372 Kreuzau
hello@nelliflower.de
Managing Director/Owner: Andrea Martin, Oliver Meyer
https://www.nelliflower.de/impressum/

Types of data processed

– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

 

Purpose of processing

– Provision of the online offer, its functions and content.
– Answering contact requests and communicating with users.
- Safety measures.
– Reach measurement/marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“Processing” means any operation or series of operations relating to personal data, carried out with or without the aid of automated procedures. The term is broad and encompasses virtually every way data is handled.

The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art 6 Paragraph 1 Letter f GDPR. In the event that vital interests of the data subject or another natural personIf the processing of personal data is necessary, Article 6 Paragraph 1 Letter d GDPR serves as the legal basis.

Securitymeasures

We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Collaboration with processors and third parties

If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, in accordance with Art. 6 Paragraph 1 lit.

If we allow third parties to process data based onIf you commission a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.

Right of withdrawal

You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future.

Right to object

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We can use temporary and permanent cookies and explain this in our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the browser's system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website.https://www.aboutads.info/choices/ or the EU site https://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.

Deletion of data

The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation). documents, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One-Stop Shop (MOSS) is used.

Business-related processing

Additionally we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, W
inheritance and market research.

Hosting

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offering based on our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).

Collection of access data and log files

We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .

Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

Provision of contractual services

We process inventory data (e.g. names and addresses as well as contact details of users), contract data (e.g. services used, names of contact persons, payment information) in order to fulfill our contractual obligations and services in accordance with Article 6 Paragraph 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

As part of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

We process usage data (e.g., the websites of our online offering visited, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, for example in order to show the user product information based on the services they have previously used.

The data will be deleted after statutory warranty and comparable obligations have expired; the necessity of storing the data will be checked every three years; In the case of legal archiving obligations, deletion takes place after their expiry. Information in any customer account remains until it is deleted.

 

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks such as organizing our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The basis for processing is Article 6 Paragraph 1 Letter c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, carry out our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

Business analyzes and market research

In order to operate our business economically and to recognize market trends, customer and user wishes, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 Para. 1 lit. f. GDPR, whereby the persons affected include customers, interested parties, business partners, visitors and users of the online offering.

The analyzes are carried out for the purpose of business evaluations, marketing and market research. We can take into account the profiles of registered users with information about their purchasing processes, for example. The analyzes help us to increase user-friendliness, optimize our offering and improve business efficiency. The analyzes are for our sole purpose and are not disclosed externally unless they are anonymous analyzes with summarized values.

If these analyzes or profiles are personal, they will be deleted or anonymized when the user terminates their contract, otherwise after two years from the conclusion of the contract. Furthermore, the overall business analyzes and general trend determinations are created anonymously if possible.

Google Analytics

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service from Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users' use of the online offering is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and internet usage. Pseudonymous user profiles can be created from the processed data.

We only use Google Analytics with IP anonymization activated. This means that the user's IP address is shortened by Google within member states of the European Union or in other contracting states 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.

The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offering and from processing this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data usage by Google, settings and objection options can be found in Google's data protection declaration (https://policies.google.com/technologies/ads) as well as in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

Users' personal datawill be deleted or anonymized after 14 months.

Google Re/Marketing Services

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use the marketing and remarketing services (“Google Marketing Services” for short ”) of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”).

Google is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

The Google marketing services allow us to display advertisements for and on our website in a more targeted manner in order to only show users advertisements that potentially match their interests. For example, if a user is shown ads for products that they were interested in on other websites, this is referred to as “remarketing”. For these purposes, when you visit our and other websites on which Google marketing services are active, Google directly executes a code from Google and so-called (re)marketing tags (invisible graphics or code, also known as “Web “Beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, visiting time and other information about the use of the online offer. The user's IP address is also recorded, although we inform Google Analytics that the IP address is shortened within member states of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases Transferred to servers by Google in the USA and shortened there. The IP address is not merged with the user's data within other Google offerings. Google may also combine the information mentioned above with such information from other sources. When the user then visits other websites, ads tailored to their interests can be shown to them.

User data is processed pseudonymously as part of Google marketing services. This means that Google does not store and process the user's name or email address, for example, but rather processes the relevant cookie-related data within pseudonymous user profiles. This means that from Google's perspective, the advertisements are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who the cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected by Google Marketing Services about users is transmitted to Google and stored on Google's servers in the USA.

The Google marketing services we use include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies cannot therefore be tracked via the websites of AdWords customers. The information collected using the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers find out the total number of users who clicked on their adclicked and were redirected to a page with a conversion tracking tag. However, you will not receive any information that can be used to personally identify users.

We can integrate third-party advertisements based on the Google marketing service “AdSense”. AdSense uses cookies to enable Google and its partner websites to serve ads based on users' visits to this website or other websites on the Internet.

We can also use “Google Tag Manager” to integrate and manage Google analysis and marketing services into our website.

You can find out more about Google's use of data for marketing purposes on the overview page: https://www.google.com/policies/technologies/ads, Google's privacy policy is available at https://www.google.com/policies/privacy available.

If you would like to object to interest-based advertising through Google marketing services, you can use the settings and opt-out options provided by Google: https://www.google.com/ads/preferences.

Carrying out credit checks for invoices/installment purchases via Klarna

In order to offer you Klarna's payment methods, we need to pass on your personal data in the form of contact and order details to Klarna as part of the checkout process so that Klarna can assess whether you can be verified and qualified for their payment methods. Your submitted personal data will be processed in accordance with Klarna's own privacy policy.

Online presence in social media

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users who are active there and inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process users' data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.

Integration of third-party services and content

Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to improve their content and To integrate services such as videos or fonts (hereinafter referred to as “content”).

This always assumes that the third party providers of this content are aware of the user's IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering, as well as being linked to such information from other sources.

Instagram

Functions and content from the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated into our online offering. This may include, for example, content such as images, videos or texts and buttons with which users can express their liking for the content, subscribe to the authors of the content or subscribe to our posts. If the users are members of the Instagram platform, Instagram can assign access to the above-mentioned content and functions to the users' profiles there. Instagram privacy policy: https://instagram.com/about/legal/privacy/.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

Newsletter

Email advertising with registration for the newsletter

If you register for our newsletter, we will use the data required for this or provided separately by you to regularly send you our email newsletter based on your consent in accordance with Article 6 Paragraph 1 Sentence 1 Letter a GDPR.

You can unsubscribe from the newsletter at any time and can do so either by sending a message to the contact option described below or via a link provided in the newsletter. After you unsubscribe, we will delete your email address unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is permitted by law and about which we inform you in this declaration.

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