Data Protection Declaration – Original Document (German)

Absolutely Nuts Spirits oHG

Data protection information

 

Who is responsible for processing my personal data and who can I contact if I have any questions?

 

We are responsible for the processing of your personal data under the requirements of GDPR. You can reach us at:

Absolutely Nuts Spirits oHG
Mozartstr. 17
41061 Mönchengladbach
E-Mail: info@absolutely-nuts-spirits.com
Tel.: +49-2161-65 33 050

Our data protection officer will be happy to answer any questions you may have about the processing of your personal data at the above address and E-mail via info@absolutely-nuts-spirits.com.

 

What types of my personal data is processed and from what sources do they originate?

 

We process your personal data as part of our business relationships, which include both the goods business and its processing as well as services that we offer.

We have either received the personal data collected by us from you, obtained it from publicly accessible sources (e.g. press, Internet, commercial and association registers, debtor directories, land registers) or the data has been legitimately transmitted to us by third parties (e.g. credit agencies such as CRIF Bürgel GmbH).

The following types of personal data are relevant:

  • Contact data (name, address, telephone, e-mail, fax);
  • Company data, such as a copy of the commercial register entry or business registration and details of the gas concession;
  • Order data, such as bank details, VAT ID number / tax number, etc,
  • Data from the fulfillment of the goods transaction, such as information on the goods previously purchased from us and delivery data;
  • Information about your financial situation, such as data on payment history, creditworthiness, etc.
  • Personal access data (e.g. login for our web store);
  • Information about your interests and wishes that you have communicated to us (via our customer service or our website);
  • Special customer information from our business relationship.

 

For what purposes and on what legal basis is the processing carried out?

 

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) for the following purposes on the aforementioned legal basis:

Consent pursuant to Art. 6 para. 1 lit. a) GDPR

If you have given us your consent to process your personal data for specific purposes, the legality of the data processing is based on this consent. You can withdraw your consent at any time. However, the revocation is only effective for the future and does not affect the legality of the data processing until the revocation. This also applies to the revocation of declarations of consent given before May 25, 2018.

Fulfillment of contractual obligations pursuant to Art. 6 para. 1 lit. b) GDPR

Our data processing in the context of the goods delivery business is carried out to fulfill the delivery contract on the basis of Art. 6 para. 1 lit. b) GDPR. This also includes any pre-contractual measures in response to your request as well as the processing of personal data following the goods delivery transaction, insofar as this is necessary.

Furthermore, your personal data will also be processed if you make use of services offered by us (e.g. tastings).

Further details on the various processing purposes can be found in the respective contract documents and general terms and conditions.

Fulfillment of legal obligations pursuant to Art. 6 para. 1 lit. c) GDPR

Your personal data may also be processed in a lawful manner in the event of compliance with a legal obligation, in particular if compliance with legal regulations makes data processing necessary. Such legal regulations that may justify data processing include, for example, those in commercial and tax law, in general and special regulatory law and in data protection law.

Protection of legitimate interests pursuant to Art. 6 para. 1 lit. f) GDPR

The lawfulness of our data processing may also result from a legitimate interest on our part or on the part of third parties, provided that the interests or fundamental rights and freedoms of you as the person affected by the data processing do not prevail. In the following exemplary cases, we have a legitimate interest in processing your personal data for the following:

  • Consultation and data exchange with credit agencies to determine creditworthiness and default risks;
  • Direct advertising and market research, provided you have not objected to the use of your data
  • Measures for business management and further development of services and products
  • Product and sales optimization measures
  • Risk management measures;
  • Assertion of legal claims and defense in legal disputes
  • Ensuring IT security and IT operations;
  • Prevention or investigation of criminal offenses;
  • Measures to ensure proper business operations;
  • Measures to control buildings or facilities (e.g. access controls)

 

Who receives my data? Will my personal data be disclosed to other parties?

 

Within Absolutely Nuts Spirits oHG, only those departments that require your data to fulfill the stated purposes will have access to your personal data. Service providers and vicarious agents employed by us may also be involved in the processing of your personal data as processors in accordance with Art. 28 GDPR in compliance with data protection regulations.

In addition, your personal data will be disclosed to the following recipients or categories of recipients within the scope of the purposes mentioned under 3:

  • Service providers, e.g. shipping service providers, suppliers
  • Billing service providers, printing service providers, data destruction service providers
  • IT service providers;
  • Logistics;
  • Credit industry/banks;
  • Telecommunications services;
  • Collection services;
  • Management and legal consultancy and auditors;
  • Marketing and media agencies;
  • Public bodies (e.g. authorities), insofar as this is necessary in the context of a legal obligation.

 

Will my personal data be transferred to or in third countries?

 

Your personal data will not be transferred to or in third countries or to international organizations. There are exceptions in the execution of the contractual relationship if the transfer of your contact data to a manufacturer abroad is necessary to carry out a customer service request, complaint or similar, if it is required by law (e.g. tax reporting obligations) or if consent has been given.

 

For how long will my personal data be stored?

 

Personal data may be stored regularly for as long as is necessary to fulfill the stated purposes. Our business relationship is a continuing obligation, which means that our contractual relationship lasts for a longer period of time and your personal data will also be processed and, in particular, stored for this period. Nevertheless, data that is no longer required to fulfill our contractual and legal obligations will be deleted unless its further processing is necessary to comply with legal obligations and legitimate interests, for example in the following cases:

  • Fulfillment of retention obligations under commercial and tax law arising from the German Commercial Code, German Fiscal Code, German Banking Act, German Money Laundering Act, General Data Protection Regulation, German Federal Data Protection Act and general civil law, where there are time limits for retention or documentation of generally 2 to 10 years.
  • The preservation of evidence within the framework of the statutory limitation periods. According to §§ 195 ff. of the German Civil Code, these are up to 30 years, whereby 3 years is the regular limitation period.

 

What rights do I have in relation to the processing of my personal data?

 

You have the following rights vis-à-vis us under the GDPR with regard to your personal data:

  • Right to information about your stored personal data (Art. 15 GDPR),
  • Right to rectification if the stored data concerning you is incorrect, outdated or otherwise inaccurate (Art. 16 GDPR)
  • Right to erasure if the storage is unlawful, the purpose of the processing has been fulfilled and the storage is therefore no longer necessary or you have withdrawn your consent to the processing of certain personal data (Art. 17 GDPR)
  • Right to restriction of processing if one of the conditions set out in Art. 18 para. 1 lit. a) to d) GDPR is met (Art. 18 GDPR),
  • Right to the transfer of the personal data concerning you that you have provided (Art. 20 GDPR)
  • the right to withdraw your consent, whereby the withdrawal does not affect the lawfulness of processing based on consent before its withdrawal (Art. 7 (3) GDPR) and
  • Right to lodge a complaint with a supervisory authority (Art. 77 GDPR). For North Rhine-Westphalia: State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, https://www.ldi.nrw.de.

 

To what extent is there automated decision-making in individual cases?

 

In principle, we do not use automated decision-making in accordance with Art. 22 GDPR to establish and conduct the business relationship. Should we use these procedures in individual cases, we will inform you of this separately, insofar as this is required by law.

 

Does profiling take place?

 

We process some of your data automatically with the aim of evaluating certain personal aspects (profiling). We use evaluation tools to provide you with targeted information and advice on products. These enable needs-based communication and advertising, including market and opinion research.

 

Right to object pursuant to Art. 21 GDPR

 

You can object to the processing of your personal data, which we base on a public interest pursuant to Art. 6 para. 1 lit. e) GDPR or a legitimate interest within the meaning of Art. 6 para. 1 lit. f) GDPR, at any time. This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR. In the event of a justified objection, we will generally no longer process the personal data for the purposes concerned and delete the data unless we can prove compelling reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

In individual cases, we process your personal data for direct marketing purposes. You have the right to object to this at any time without giving reasons. This also applies to profiling insofar as it is associated with such direct advertising. We will no longer process the personal data for the purposes of direct marketing after receipt of the objection and will delete the data if processing is not required for other purposes (e.g. to fulfill a supply contract).

The objection can be made informally and should be addressed to:

Absolutely Nuts Spirits oHG
Mozartstr. 17
41061 Mönchengladbach
E-Mail: info@absolutely-nuts-spirits.com