Data Protection + Privacy
I. Name and address of the responsible person
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
HeHo Distilling GmbH
Ginggasse 3
53347 Alfter, represented by the managing director Timo Holtappels
e-mail: [email protected]
Telephone: +49 228 6420 955
II. General information on data processing
Scope of the processing of personal data
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
III. Provision of the website and creation of log files Description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected in this process:
(1) Information about the browser type and version used.
(2) The operating system of the user
(3) The user’s Internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites that are accessed by the user’s system via our website.
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
Legal basis for the data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.
Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 Para. 1 lit. f DSGVO.
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
IV. Use of cookies
Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
(1) Items in the shopping cart
(2) language settings
Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f DSGVO.
Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change. We require cookies for the following applications:
(1) Display of the correct language
(2) Execution of the purchase process
The user data collected through technically necessary cookies are not used to create user profiles. In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f DSGVO.
Duration of storage, possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
V. Newsletter
Description and scope of data processing
As part of the registration process, the e-mail address and, in some cases, the name of the registrant are requested and stored. In addition, the following data is collected during registration:
(1) IP address of the calling computer.
(2) Date and time of registration
For the processing of data, your consent is obtained during the registration process and reference is made to this privacy policy.
No data will be passed on to third parties in connection with the processing of data for the dispatch of newsletters. The data is used exclusively for sending the newsletter. As a subscriber to the newsletter, individual interactions are stored in order to be able to design future newsletters in a more tailored manner, taking this data into account.
Legal basis for data processing
The legal basis for the processing of data after the user has subscribed to the newsletter is Art. 6 (1) lit. a DSGVO if the user has given his consent.
Purpose of data processing
The collection of the user’s e-mail address serves to deliver the newsletter. The collection of the name serves to address the user directly in the newsletter.
The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user’s e-mail address is stored for as long as the subscription to the newsletter is active.
Possibility of objection and removal
The subscription to the newsletter can be cancelled by the affected user at any time. For this purpose, a corresponding link can be found in each newsletter.
This also enables revocation of consent to the storage of personal data collected during the registration process.
VI. Contact form and e-mail contact
Description and scope of data processing
A contact form is available on our website
At the time of sending the message, the date and time of contact are also stored. For the processing of the data, your consent is obtained during the sending process and reference is made to this data protection declaration.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
Purpose of the data processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. In the case of a travel inquiry (request for travel advice), we store the data of the inquiry in our internal systems on an ongoing basis in order to be able to offer the customer the best possible service in the event of a renewed, subsequent contact. For this purpose, the data from previous inquiries are then used in order to be able to provide the most suitable, individual travel advice possible.
Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
A written message to us is required for revocation. All personal data stored in the course of contacting us will be deleted in this case.
VII. Purchase process in the store
On the website there is the possibility to order or purchase products in the form of an online store. In the context of such an order, it is indispensable to request personal data and to store them accordingly. The data is processed for the purpose of providing contractual services, i.e. billing, delivery and customer service.
The processing of the data 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 necessary is required for the justification and fulfillment of the contract. We disclose this data to third parties only in the context of delivery (postal delivery), payment or in the context of legal permissions and obligations to legal advisors or authorities. In third countries, personal data is only processed if this is explicitly necessary for the fulfillment of the contract (e.g. customer request for delivery or payment).
At no time will the data be used for purposes other than the fulfillment of the contract.
Deletion takes place after expiry of the legal warranty obligations (and any analogous obligations). In the case of legal archiving obligations, deletion takes place after their expiry. Six years is the retention obligation under commercial law and 10 years is the retention obligation under tax law.
VIII. Further use of third-party services
Use of Google Analytics with anonymization function
We use Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter “Google”, on our website. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.
The information generated by these cookies, for example time, place and frequency of your website visit including your IP address, is transmitted to Google in the USA and stored there. The maximum storage period agreed with Google is 26 months.
We use Google Analytics with an IP anonymization function on our website. In this case, your IP address will already be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and thus anonymized.
Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
Google will, according to its own information, in no case associate your IP address with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Furthermore, Google offers a deactivation option for the most common browsers, which gives you more control over what data is collected and processed by Google. Should you activate this option, no website visit information will be transmitted to Google Analytics. However, activation does not prevent information from being transmitted to us or to other web analytics services we may use. For more information about the deactivation option provided by Google, as well as how to activate this option, please click on the following link: https://tools.google.com/dlpage/gaoptout?hl=de
Use of Google Adwords
We also use the Google advertising tool “Google-Adwords” to advertise our website. As part of this, we use the “Conversion Tracking” analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter “Google”, on our website. If you have accessed our website via a Google ad, a cookie will be stored on your computer. Cookies are small text files that your Internet browser stores on your computer. These so-called “conversion cookies” lose their validity after 30 days and do not serve to identify you personally. If you visit certain pages of our website and the cookie has not yet expired, we and Google can recognize that you, as a user, have clicked on one of our ads placed with Google and have been redirected to our site.
The information obtained with the help of the “conversion cookies” is used by Google to create visit statistics for our website. Through these statistics, we learn the total number of users who clicked on our ad and also which pages of our website were subsequently called up by the respective user. However, we or other advertisers via “Google Adwords” do not receive any information with which users can be personally identified.
You can prevent the installation of the “conversion cookies” by setting your browser accordingly, for example by using a browser setting that generally deactivates the automatic setting of cookies or specifically blocks only the cookies from the domain “googleadservices.com”.
You can obtain Google’s privacy policy in this regard at the following link: https://services.google.com/sitestats/de.html
Use of PayPal as a payment method
If you decide to pay with the online payment service provider PayPal during your order process, your contact details will be transmitted to PayPal as part of the order triggered in this way. PayPal is an offer of PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal assumes the function of an online payment service provider as well as a trustee and offers buyer protection services.
The personal data transmitted to PayPal are mostly first name, last name, address, telephone number, IP address, e-mail address, or other data required for order processing, as well as data related to the order, such as number of items, item number, invoice amount and taxes in percent, billing information, etc..
This transmission is necessary to process your order with the payment method you have selected, in particular to confirm your identity, to administer your payment and the customer relationship.
However, please note: Personal data may also be transferred by PayPal to service providers, subcontractors or other affiliated companies to the extent necessary to fulfill the contractual obligations arising from your order or to process the personal data on your behalf.
Depending on the payment method selected via PayPal, e.g. invoice or direct debit, the personal data transmitted to PayPal will be transmitted by PayPal to credit agencies. This transmission serves to check your identity and creditworthiness in relation to the order you have placed. Which credit agencies are involved and which data is generally collected, processed, stored and passed on by PayPal can be found in PayPal’s privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Google reCAPTCHA
On our website, we use Google reCAPTCHA to check and prevent interactions on our website by automated access, e.g. by so-called bots. This is a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”.
Due to the certification according to the EU-US Privacy Shield (“EU-US Privacy Shield”)
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
Through this service, Google can determine from which website a request is sent as well as from which IP address you use the so-called reCAPTCHA input box. In addition to your IP address, other information may be collected by Google that is necessary for the offer and guarantee of this service.
The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the security of our website and in the defense against unwanted, automated access in the form of spam or similar.
Google offers a service for this purpose at
https://policies.google.com/privacy
for further information on the general handling of your user data.
Google Fonts
On our website, we use Google Fonts to display external fonts. This is a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”.
Through the certification according to the EU-US Privacy Shield (“EU-US Privacy Shield”).
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
To enable the display of certain fonts on our website, a connection to the Google server in the USA is established when our website is accessed.
The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the optimization and economic operation of our website.
Through the connection to Google established when our website is called up, Google can determine from which website your request was sent and to which IP address the display of the font is to be transmitted.
Google offers at
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
for further information, in particular on the possibilities of preventing the use of data.
IX. Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights against the controller:
Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any 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, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller’s legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Right to deletion
Obligation to delete
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to or copies or replications of such personal data.
Exceptions
The right to erasure does not exist to the extent that the processing is necessary to.
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar 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 processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.
Right to revoke your 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 consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects vis-à-vis you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as 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 Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
