Datenschutzerklärung

Privacy policy

This privacy policy explains the nature, 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 profiles (hereinafter collectively referred to as ‘online offering’). With regard to the terms used, such as ‘processing’ or ‘controller’, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Translated with DeepL.com (free version)

Responsibel

Kaffee-total

Birgit Hotz

Ziegelei 7

78315 Radolfzell

Deutschland

shop@kaffee-total.de

Business owner: Birgit Hotz

http://kaffee-total.de/Impressum

Types of data processed:
- Master data (e.g., names, addresses).

- Contact details (e.g., e-mail, 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).

Categories of data subjects
Visitors and users of the online offering (hereinafter, we also refer to the data subjects collectively as ‘users’).

Purpose of processing
- Provision of the online offering, its functions and content.

- Responding to contact requests and communicating with users.

- Security measures.

- Reach measurement/marketing

Terms used
‘Personal data’ means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’); A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.

‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

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‘Profiling’ means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

‘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.

‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases
In accordance with Art. 13 GDPR, we hereby inform you of the legal bases for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as for responding to enquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Security measures
In accordance with Art. 32 GDPR, we take appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transfer, availability and separation. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted and responses are made to data breaches. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract in accordance with Art. 6 para. 1 lit. b GDPR) you have given your consent, a legal obligation requires it, or it is based on our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called ‘contract processing agreement’, 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 in the context of using third-party services or disclosing or transferring data to third parties, this will only take place if it is necessary for the fulfilment of 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 have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection equivalent 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’).

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

In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request 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 its transfer to other controllers.

Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.

Right of revocation
You have the right to revoke your consent in accordance with Art. 7 (3) GDPR with effect for the future.

Right to object
You may object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.

Cookies and right to object to direct marketing
‘Cookies’ are small files that are stored on users' computers. Various types of information can be stored in 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 service and closes their browser. Such a cookie can, for example, store the contents of a shopping basket 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 stored if users visit the site after several days. Such cookies can also store the interests of users, which are used for reach measurement or marketing purposes.

Third-party cookies are cookies that are offered by providers other than the controller operating the online service (otherwise, if only the controller's cookies are used, they are referred to as first-party cookies).

We may use temporary and permanent cookies and provide information about 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 their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional restrictions of this online offer.

A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in your browser settings. Please note that in this case, not all functions of this online offer may be available.
Deletion of data

The data we process will be deleted or restricted in its processing in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal retention obligations preventing its deletion. If the data is not deleted because it is required for other and 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.

In accordance with legal requirements in Germany, data is stored for 10 years in particular in accordance with Sections 147 (1) AO, Section 257 (1) No. 1 and 4, (4) HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and for 6 years in accordance with Section 257 (1) No. 2 and 3, (4) HGB (commercial letters).

Business-related processing

In addition, 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, prospective customers and business partners for the purpose of providing contractual services, customer care, marketing, advertising and market research.

Order processing in the online shop and customer account

We process our customers' data as part of the ordering process in our online shop to enable them to select and order the chosen products and services, as well as to pay for and receive delivery or execution of these.

The data processed includes inventory data, communication data, contract data, payment data, and the persons affected by the processing include our customers, interested parties, and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery, and customer services. We use session cookies to store the contents of the shopping basket and permanent cookies to store the login status.

The processing is carried out on the basis of Art. 6 (1) lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfilment of the contract. We only disclose the data to third parties in the context of delivery, payment or within the scope of legal permissions and obligations to 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).

Users can optionally create a user account, which allows them to view their orders in particular. During registration, users will be informed of the mandatory information required. User accounts are not public and cannot be indexed by search engines. When users cancel their user accounts, their data relating to the user account will be deleted, unless it is necessary to retain it for commercial or tax reasons in accordance with Art. 6(1)(c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the responsibility of users to back up their data before the end of the contract upon termination.

During registration and subsequent logins, as well as when using 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 user, in protection against misuse and other unauthorised use. 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 GDPR.

Deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligations).

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (collectively referred to as ‘contractual partners’) in accordance with Art. 6 (1) lit. b. GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose of its processing, and the necessity of its processing are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact details (e.g. email addresses and telephone numbers) as well as contract data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

We do not process special categories of personal data unless they are part of commissioned or contractual processing.

We process data that is necessary for the establishment and fulfilment of contractual services and point out the necessity of providing this data if it is not evident to the contractual partners. Disclosure to external persons or companies only takes place if it is necessary within the framework of a contract. When processing data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary for the pursuit of our claims in accordance with Art. 6 (1) lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 (1) lit. c. GDPR.

The data will be deleted when it is no longer required for the fulfilment of contractual or statutory duties of care or for the handling of any warranty and comparable obligations, whereby the necessity of storing the data is reviewed every three years; otherwise, the statutory retention obligations apply.

External payment service providers

We use external payment service providers whose platforms enable users and us to carry out payment transactions (e.g., with links to the respective privacy policies, PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

We use payment service providers for the purpose of fulfilling contracts on the basis of Art. 6(1)(b) GDPR. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6(1)(b) GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient-related information. This information is necessary to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information confirming or denying the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to verify identity and creditworthiness. For more information, please refer to the terms and conditions and data protection information of the payment service providers.

Payment transactions are subject to the terms and conditions and privacy policies of the respective payment service providers, which can be accessed on their respective websites or transaction applications. We refer you to these for further information and to assert your rights of revocation, information and other rights as a data subject.

Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks and the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The basis for processing is Art. 6(1)(c) GDPR and Art. 6(1)(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 organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified for these processing activities.

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

Furthermore, based on our business interests, we store information about suppliers, event organisers and other business partners, e.g. for the purpose of contacting them at a later date. We generally store this data, most of which is company-related, on a permanent basis.

Registration function

Users can create a user account. During registration, users are informed of the required mandatory information, which is processed on the basis of Art. 6 (1) (b) GDPR for the purpose of providing the user account. The data processed includes, in particular, login information (name, password and email address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users may be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data relating to the user account will be deleted, subject to any legal retention obligations. It is the responsibility of users to back up their data before the end of the contract upon termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

When using our registration and login functions and the user account, 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 user, in protection against misuse and other unauthorised use. 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 Art. 6 (1) lit. c GDPR. The IP addresses will be anonymised or deleted after 7 days at the latest.

Comment subscriptions

Users can subscribe to follow-up comments with their consent in accordance with Art. 6(1)(a) GDPR. Users will receive a confirmation email to verify that they are the owners of the email address they have entered. Users can unsubscribe from current comment subscriptions at any time. The confirmation email will contain information on how to cancel. For the purpose of proving user consent, we store the time of registration and the user's IP address and delete this information when users unsubscribe.

You can cancel your subscription at any time, i.e. revoke your consent. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.

Contact

When contacting us (e.g. via contact form, email, telephone or social media), the user's details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 (1) (b) GDPR. The user's details may be stored in a customer relationship management system (‘CRM system’) or comparable enquiry organisation system.

We delete enquiries once they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Newsletter

The following information provides details about the content of our newsletter, the registration, dispatch and statistical evaluation procedures, and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Newsletter content: We send newsletters, emails and other electronic notifications containing promotional information (hereinafter referred to as ‘newsletters’) only with the consent of the recipients or with legal permission. If the content of the newsletter is specifically described during the registration process, this description is decisive for the consent of the users. Otherwise, our newsletters contain information about our services and about us.

Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. Newsletter registrations are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the mailing service provider are also logged.

Registration data: To register for the newsletter, all you need to do is provide your email address. Optionally, we ask you to provide a name so that we can address you personally in the newsletter.

The newsletter is sent and its success measured on the basis of the recipient's consent in accordance with Art. 6 (1) (a) Art. 7 GDPR in conjunction with Section 7 (2) No. 3 UWG (German Unfair Competition Act) or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with Art. 6 (1) lit. f GDPR in conjunction with Section 7 (3) UWG.

The registration process is logged on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. Our interest is in using a user-friendly and secure newsletter system that serves our business interests, meets user expectations and also allows us to prove consent.

Cancellation/revocation – You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.

Newsletter

Newsletter content: We send newsletters, emails and other electronic notifications containing promotional information (hereinafter referred to as ‘newsletters’) only with the consent of the recipients or with legal permission. If the content of the newsletter is specifically described during the registration process, this description is decisive for the consent of the users. In addition, our newsletters contain information about our products and accompanying information (e.g. safety instructions), offers, promotions and our company.

Registration data: To register for the newsletter, all you need to do is provide your email address. Optionally, we ask you to provide a name so that we can address you personally in the newsletter.

The newsletter is sent and its success measured on the basis of the recipient's consent in accordance with Art. 6 (1) (a) Art. 7 GDPR in conjunction with Section 107 (2) TKG or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with Art. 6 (1) lit. f GDPR in conjunction with Section 107 (2) and (3) TKG.

Hosting and email dispatch

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, 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 on the basis of 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 a data processing agreement).

Facebook Pixel, Custom Audiences and Facebook Conversion

Within our online offering, we use 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 based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (‘Facebook’).

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

With the help of the Facebook pixel, Facebook is able to identify visitors to our online offering as a target group for the display of advertisements (so-called ‘Facebook ads’). Accordingly, we use the Facebook pixel to display the Facebook ads we place only to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products, which are determined based on 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 interests of users and do not appear annoying. With the help of the Facebook pixel, we can also track the effectiveness of 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’).

Facebook processes data in accordance with Facebook's Data Use Policy. Accordingly, general information on the display of Facebook ads can be found in Facebook's Data Use Policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.

You can object to the collection of data by the Facebook pixel and the use of your data for the display of Facebook ads. To set which types of advertisements are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions 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.

You can also object to the use of cookies for reach measurement and advertising purposes via the Network Advertising Initiative's deactivation page (http://optout.networkadvertising.org/) and additionally via the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/ your-ad-choices/).

Online presence on social media

We maintain an online presence on social networks and platforms in order to communicate with customers, interested parties and users who are active there and to 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 privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g. by posting on our online presences or sending us messages.

Integration of third-party services and content

Within our online offering, we use third-party content and services 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. GDPR) We use content or services from third-party providers to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as ‘content’).

This always requires that the third-party providers of this content recognise the IP address of the users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content. We endeavour to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as ‘web beacons’) for statistical or marketing purposes. 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 include technical information about the browser and operating system, referring websites, visit time and other information about the use of our online offering, and may also be linked to such information from other sources.

YouTube

We embed videos from the YouTube platform provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Google Maps

We integrate maps from the Google Maps service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, IP addresses and location data of users, but this data is not collected without their consent (usually given in the settings of their mobile devices). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

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