§ 1 General

Your personal data (e.g. title, name, address, e-mail address, telephone number, bank details, credit card number) will only be processed in accordance with the provisions of the German Data Protection Act (DSGVO) and the Data Protection Act of the European Union (EU). The following regulations inform you not only about the processing purposes, recipients, legal bases, storage periods, but also about your rights and the persons responsible for the processing of your data. This privacy policy only applies to our websites. If you are forwarded to other sites via links on our pages, please inform yourself there about the respective handling of your data.

§ 2 Data processing for the contract fulfilment

(1) Processing purpose

Your personal data, which you make available to us in the ordering process, are necessary for a contract with us. You are not obliged to provide your personal data. However, we cannot send you the goods without your address. With some payment procedures we need the necessary payment data in order to pass them on to a payment service provider commissioned by us. The processing of your data entered during the ordering process is therefore carried out for the purpose of fulfilling the contract.

If you send us an enquiry by e-mail, via a contact form etc. before concluding the contract, we will process the data received in this way to carry out pre-contractual measures and answer, for example, your questions about our products.

(2) Legal basis

The legal basis for this processing is Art. 6 para. 1 b) DSGVO.

(3) Recipient categories

Payment service providers, shipping service providers, hosting providers, merchandise management system if applicable, suppliers if applicable (dropshipping).

(4) Storage period

We store the data required for the execution of the contract until the end of the statutory warranty periods and, if applicable, contractual guarantee periods.

We keep the data required by commercial and tax law for the legally specified periods, regularly ten years (cf. § 257 HGB, § 147 AO).

The data processed for the implementation of pre-contractual measures shall be deleted as soon as the measures have been implemented and it is recognisable that no contract has been concluded.

§ 3 Additional information

(1) Processing purpose

Marketing and support

(2) Legal basis

The legal basis for this processing is Art. 6 para. 1 a) DSGVO.

§ 4 Information on cookies

(1) Processinmg purpose

Technically necessary cookies are used on this website. These are small text files that are stored in or by your Internet browser on your computer system. These cookies make it possible, for example, to place several products in a shopping basket or to store your acceptance of our privacy policy.

(2) Legal basis

The legal basis for this processing is Art. 6 para. 1 f) DSGVO.

(3) Legitimate interest

Our legitimate interest is the functionality of our website. The user data collected by technically necessary cookies are not used to create user profiles. This will safeguard your interest in data protection.

(4) Storage period

The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a varying lifespan from a few minutes to several years.

(5) RIGHT OF OBJECTION

If you do not wish these cookies to be stored, please deactivate the acceptance of these cookies in your Internet browser. However, this can result in a functional limitation of our website. You can also delete permanently stored cookies at any time via your browser.

§ 5 Rights of the person concerned

If your personal data is processed, you are the data subject within the meaning of the German Data Protection Act (DSGVO) and you have the following rights towards us:

1. Right of information

You may request confirmation from us as to whether personal data relating to you will be processed by us.

In the event of such processing, you may request the following information from us:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or the categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of storage of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of storage;
(5) the existence of a right to have personal data concerning you corrected or deleted, of a right to limit the processing by us or of a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) DSGVO and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

2. Right to correction

You have a right of correction and/or integration with us if the personal data processed concerning you is inaccurate or incomplete. We must carry out the correction immediately.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) if we no longer need the personal data for the purposes of the processing, but you need it for the assertion, exercise or defence of legal claims, or
(4) if you object to the processing in accordance with Art. 4 of the German Data Protection Act . 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons to which we are entitled outweigh your reasons.

Where the processing of personal data concerning you has been restricted, such data may be processed only with your consent or for the purpose of asserting, exercising or defending legal rights or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State, with the exception of their storage.

If the processing restriction has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

4. Right of deletion

a) Obligation of deletion

You may request us to delete your personal data immediately and we are obliged to delete such data immediately if one of the following reasons applies:
(1) The personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 DSGVO.
(4) The personal data relating to you have been processed unlawfully.
(5) The deletion of the personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 Para. 1 DSGVO.

b) Information to third parties

If we have made the personal data concerning you public and if we are obliged to delete them in accordance with Art. 17 (1) DSGVO, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to cancellation does not exist in so far as processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which we are subject, or to perform a task which is in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 DSGVO;
(4) for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DSGVO, in so far as the law referred to under a) is likely to make the attainment of the objectives of such processing impossible or seriously impaired, or
(5) for the assertion, exercise or defence of legal claims.

5. Right to be informed

If you have asserted the right to correction, deletion or limitation of processing against us, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion or limitation of processing, unless this proves to be impossible or involves disproportionate effort.
You have the right towards us to be informed about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer these data to another responsible person without hindrance, provided that
(1) the processing is based on a consent pursuant to Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Para. 1 lit. b DSGVO and
(2) the processing is carried out using automated procedures.

In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by us to another responsible person, in so far as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to us.

7. Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

We will then no longer process the personal data concerning you unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct advertising, you have the right at any time to object to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling in so far as it is connected with such direct advertising.

If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in connection with the use of Information Society services - notwithstanding Directive 2002/58/EC - by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

9. Automated decision in individual cases including profiling

You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is permissible under the laws of the Union or the Member States to which we are subject and such laws contain reasonable measures to protect your rights and freedoms and your legitimate interests, or
(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With respect to the cases referred to in (1) and (3) above, we shall take reasonable steps to safeguard your rights and freedoms and your legitimate interests.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State in which you are staying, at your place of work or at the place where the alleged infringement is located, if you consider that the processing of your personal data is in breach of the DSGVO.

The supervisory authority to which the complaint was submitted informs the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

Responsible person for data processing:
dokay GmbH - Dr. Matthias Hattemer
Baslerstr. 115a
79115 Freiburg
Phone: +49 (0)761 479 762 230
hattemer@dokay.de