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 offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR). 

 

Responsible:

Name/Fa.: Rita Balta Bieliauskaite
Street no.: Brandenburger Str. 7
Postcode, city, country: 50668 Cologne, Germany
Telephone number: +49 178 135 3245
E-mail address: rita@baldesigns.eu

 

Types of data processed: 

- Inventory data
- Contact data
- Content data
- Contract data
- Payment data
- Usage data
- Meta/communication data

 

Processing of special categories of data (Art. 9(1) DSGVO): 

No special categories of data are processed.

 

Categories of data subjects concerned by the processing: 

- Customers, interested parties, visitors and users of the online offer, business partners.
- Visitors and users of the online offer. In the following, we also refer to the persons concerned collectively as "users".

 

Purpose of the processing:

- Provision of the online offer, its contents and shop functions.
- Provision of contractual services, service and customer care.
- Answering contact requests and communication with users.
- Marketing, advertising and market research.
- Security measures.

 

1. terms used

1.1 "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who 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. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.2 "processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

1.3 "Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

 

2 Relevant legal bases

In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6(1)(b) DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing in order to protect our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.

 

3. changes and updates to the privacy policy

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

 

4. security measures

4.1 We take appropriate measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. We also have procedures in place to ensure the exercise of data subjects' rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).

4.2 The security measures include in particular the encrypted transmission of data between your browser and our server. 

 

5. disclosure and transmission of data

5.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is required pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfil our contractual obligations, administrative tasks and duties).

5.2 If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.

 

6. 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 is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").

 

7. rights of the data subjects

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

7.2 You have the right in accordance with. Article 16 of the GDPR, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.

7.3 In accordance with Article 17 of the GDPR, you have the right to demand that the data concerned be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.

7.4 You have the right to request that the data relating to you that you have provided to us be received in accordance with Article 20 of the GDPR and to request that it be transferred to other data controllers.

7.5 You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.

 

8. right of withdrawal

You have the right to revoke consent granted in accordance with Art. 7 (3) DSGVO with effect for the future.

 

9. right of objection

You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes.

 

10. cookies and the right to object to direct advertising

10.1 "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 his or her visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his or her browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies from providers other than the responsible party that operates the online offer (otherwise, if they are only the latter's cookies, they are referred to as first-party cookies).

10.2 We use temporary and permanent cookies and explain this in our privacy policy. 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. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

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

 

11. deletion of data 

11.1 The data processed by us will be deleted or its processing restricted in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.

11.2 Germany: In accordance with legal requirements, storage takes place in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).

 

12. order processing in the online shop and customer account

12.1 We process the data of our customers in the context of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

12.2 The processed data includes inventory data, communication data, contract data, payment data and the data subjects are our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

12.3 The processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request for delivery or payment).

12.4 Users can optionally create a user account, in which they can view their orders in particular. Within the scope of the registration, the required mandatory information will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Information in the customer account shall remain until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.

12.5 Within the scope of registration and renewed logins as well as 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 those of the users in protection against misuse and other unauthorised use. In principle, this data is not 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 Art. 6 Para. 1 lit. c DSGVO.

12.6 Deletion shall take place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data shall be reviewed every three years; in the case of statutory archiving obligations, deletion shall take place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account shall remain until its deletion.

 

13. business analyses and market research

13.1 In order to operate our business economically and to be able to recognise market trends, customer and user wishes, we analyse the data we have on business transactions, contracts, enquiries, etc.. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of, for example, their purchase transactions. The analyses serve us to increase user-friendliness, to optimise our offer and to improve business management. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.

13.2 Insofar as these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the users, otherwise after two years from the conclusion of the contract. Otherwise, the macroeconomic analyses and general tendency determinations shall be created anonymously if possible. 

 

14. contacting and customer service

14.1 When contacting us (via contact form or e-mail), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO.

14.2 Users' details may be stored in our customer relationship management system ("CRM System") or comparable enquiry organisation.

14.3 We delete the enquiries if they are no longer necessary. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply. 

 

15. collection of access data and log files

15.1 We collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). 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.

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

 

16. online presence in social media

16.1 We maintain online presences within social networks and platforms on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

16.2 Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages. 

 

17 Google Analytics

17.1 We use Google Analytics, a web analytics service provided by Google LLC ("Google"), on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. DSGVO) Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server in the USA and stored there.

17.2 Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

17.3 Google will use this information on our behalf to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.

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

17.5 The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de. As an alternative to the browser plug-in, especially with browsers on mobile devices, you can also prevent the collection of data by Google Analytics by clicking on this link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

17.6 You can find out more information about Google's use of data, setting and objection options on Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), https://policies.google.com/technologies/ads ("Data use for advertising purposes"), https://adssettings.google.com/authenticated ("Managing the information Google uses to serve you ads"). 

 

18. google re/marketing services

18.1 We use the marketing and remarketing services (in short "Google Marketing Services") of Google LLC, 1600 Amphitheatre Park Park, Mountain View, CA 9.1. DSGVO) the marketing and remarketing services (in short "Google Marketing Services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

18.2 Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

18.3 Google's marketing services allow us to display advertisements for and on our website in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products he or she was interested in on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by 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, which content he or she is interested in and which offers he or she has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The IP address of the user is also recorded, whereby 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 is transmitted in full to a Google server in the USA and shortened there. The IP address will not be merged with user data within other Google offerings. The aforementioned information may also be combined by Google with such information from other sources. If the user subsequently visits other websites, he or she can be shown ads tailored to his or her interests.

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

18.5 The Google marketing services we use include the online advertising programme "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked via the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.

18.6 We may include third party advertisements based on the Google marketing service "DoubleClick". DoubleClick 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.

18.7 We can also use the "Google Optimizer" service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to the input fields, the design, etc.) as part of so-called "A/B testing". For these testing purposes, cookies are placed on the users' devices. Only pseudonymous data of the users are processed.

18.8 Furthermore, we may use the "Google Tag Manager" to integrate and manage Google analytics and marketing services on our website.

18.9 For more information on Google's use of data for marketing purposes, please see the overview page: https://policies.google.com/technologies/ads, Google's privacy policy is available at https://adssettings.google.com/authenticated.

 

19 Facebook, Custom Audiences and Facebook Marketing Services

19.1 Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes.

19.2 Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

19.3 With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").

19.4 The processing of data by Facebook takes place within the framework of Facebook's data use policy. Accordingly, general information on the display of Facebook ads, in Facebook's data usage policy: https://www.facebook.com/policy.php. Specific information and details on the Facebook pixel and how it works can be found in Facebook's help section: https://www.facebook.com/business/help/651294705016616.

19.5 You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To adjust which types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

19.6 Furthermore, you have the option at any time to prevent the collection of data generated by cookies and related to your use of the website to Facebook as well as the processing of this data by Facebook by clicking on this link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

19.7 You may further object to the use of cookies used for reach measurement and advertising purposes via the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/). 

 

20. communication via post, e-mail, fax or telephone

20.1 We use remote means of communication, such as mail, telephone or e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.

20.2 Processing is carried out on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in conjunction with legal requirements for promotional communications. Contact is only made with the consent of the contact partners or within the scope of legal permissions and the processed data is deleted as soon as it is no longer required and otherwise with objection/ revocation or lapse of the authorisation bases or legal archiving obligations. 

 

21. integration of services and contents of third parties

21.1 We use content or service offers of third party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to use only such content whose respective providers only use the IP address to deliver the content. Third-party providers 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 may 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, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.

21.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part already mentioned here, options for objection (so-called opt-out) - If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection information of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.

- External fonts from Google, LLC., https://www.google.com/fonts ("Google Fonts"). The integration of Google Fonts takes place via a server call at Google (usually in the USA). Privacy policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.

- Maps provided by the "Google Maps" service of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

Status: 08/2021