Data Privacy

With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as "data") for which purposes and to what extent. The data protection declaration applies to all processing of personal data that we carry out, both within the scope of the provision of our services as well as in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter referred to collectively as the "online offer"). The terms used are not gender-specific.

As of: 27. June 2020

Liable

Elby's Organics 

Represented by the Managing Directors Brook Sauer Ruiz, Laura Farbo

Email address: laura@elbysorganics.com

Imprint: https://elbysorganics.com/imprint

Processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

 Types of data processed

  • Inventory data (e.g. names, addresses).

  • Applicant data (e.g. personal details, postal and contact addresses, the documents belonging to the application and the information contained therein, such as a cover letter, curriculum vitae, certificates and other information related to a specific position or voluntarily provided by applicants about their person or qualification) .

  • Content data (e.g. text input, photographs, videos).

  • Contact details (e.g. email, telephone numbers).

  • Meta / communication data (e.g. device information, IP addresses).

  • Usage data (e.g. visited websites, interest in content, access times).

  • Social data (data that are subject to social secrecy (§ 35 SGB I) and are processed, for example, by social security institutions, social welfare institutions or supply authorities.).

  • Location data (data that indicates the location of an end user's device).

  • Contract data (e.g. subject of contract, term, customer category).

  • Payment data (e.g. bank details, invoices, payment history).

 

Categories of data subjects

  • Employees (e.g. employees, applicants, former employees).

  • Applicants.

  • Interested persons.

  • Communication partner.

  • Customers.

  • Users (e.g. website visitors, users of online services).

  • Contest and contest participants.

Purposes of processing

  • Provision of our online offer and user-friendliness.

  • Visit action evaluation.

  • Application process (justification and possible later implementation as well as possible later termination of the employment relationship.).

  • Cross-device tracking (cross-device processing of user data for marketing purposes).

  • Direct marketing (e.g. by email or post).

  • Conducting competitions and competitions.

  • Feedback (eg collecting feedback via online form).

  • Interest-based and behavioral marketing.

  • Contact requests and communication.

  • Conversion measurement (measurement of the effectiveness of marketing measures).

  • Profiling (creating user profiles).

  • Re-marketing.

  • Range measurement (e.g. access statistics, detection of returning visitors).

  • Safety measures.

  • Tracking (e.g. interest-based / behavioral profiling, use of cookies).

  • Contractual benefits and service.

  • Management and answering inquiries.

  • Target group formation (determination of target groups relevant for marketing purposes or other output of content).

Relevant legal bases

In the following we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, the national data protection requirements in your or our country of residence and domicile may apply. If more specific legal bases are also relevant in individual cases, we will inform you of this in the data protection declaration. 

  • Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) - The data subject has given their consent to the processing of their personal data for a specific purpose or several specific purposes.

  • Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR) - The processing is necessary for the fulfillment of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject respectively.

  • Protection of vital interests (Art. 6 Para. 1 S. 1 lit. GDPR) - Processing is necessary to protect the vital interests of the data subject or another natural person.

  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject that protect personal data Data require, outweigh.

  • Art. 9 para. 1 sentence 1 lit. b GDPR for medical diagnostics, care or treatment in the health or social field or for the administration of systems and services in the health or social field acc. Art. 9 para. 2 lit. H. GDPR. In the case of a notification of special categories of data based on voluntary consent, their processing takes place on the basis of Art. 9 Para. 2 lit. a. GDPR.)

National data protection regulations in Germany:

In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection in Germany apply. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission as well as automated decision-making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees.

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing, as well as the different probability of occurrence and the extent of the threat to the rights and freedoms of natural persons 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 the physical and electronic access to the data as well as the access, input, transfer, safeguarding of availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, the deletion of data and reactions to the risk to the data. We also take the protection of personal data into account when developing or selecting hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

 

Shortening the IP address: 

If it is possible for us or it is not necessary to save the IP address, we will shorten it or have your IP address shortened. If the IP address is shortened, also known as "IP masking", the last octet, ie the last two digits of an IP address, is deleted (in this context, the IP address is an Internet connection through the online Access provider individually assigned identifier). By shortening the IP address, the identification of a person based on their IP address is to be prevented or made significantly more difficult.

SSL encryption (https): 

In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

Transmission and disclosure of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. The recipients of this data can include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and in particular conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

Data transfer within the group of companies:

We can transfer personal data to other companies within our group of companies or grant them access to this data. If this transfer takes place for administrative purposes, the transfer of the data is based on our legitimate business and business interests or takes place if it is necessary for the fulfillment of our contractual obligations or if the data subject has given his consent or a legal permission has been given.

 

Data transfer within the organization:

We can transfer personal data to other locations within our organization or grant them access to this data. If this transfer takes place for administrative purposes, the transfer of the data is based on our legitimate business and business interests or takes place if it is necessary to fulfill our contractual obligations or if the data subject has given his consent or a legal permission has been given.

 

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing as part of the use of third-party services or the disclosure or transmission of data to other people, bodies or companies takes place, this takes place only in accordance with the legal requirements. 

Subject to express consent or contractually or legally required transmission, we only process or let the data in third countries with a recognized level of data protection, to which the US processors certified under the "Privacy Shield" belong, or on the basis of special guarantees, such as a contractual obligation Process so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data -protection / international-dimension-data-protection_de ).

 

Use of cookies

Cookies are text files that contain data from visited websites or domains and are saved by a browser on the user's computer. The primary purpose of a cookie is to store information about a user during or after their visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the point at which a video was viewed. The term cookies also includes other technologies that perform the same functions as cookies (for example, if user information is saved using pseudonymous online identifiers, also known as "user IDs")

A distinction is made between the following types of cookies and functions:

  • Temporary cookies (also: session or session cookies):  Temporary cookies are deleted at the latest after a user leaves an online offer and closes his browser.

  • Permanent cookies:  Permanent cookies remain saved even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users who are used for range measurement or for marketing purposes can also be saved in such a cookie.

  • First-party cookies:  First-party cookies are set by us.

  • Third-party cookies (also: third-party cookies) : Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.

  • Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).

  • Statistics, marketing and personalization cookies : In addition, cookies are usually also used in the scope of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) on individual websites in a user profile get saved. Such profiles serve to show users, for example, content that corresponds to their potential interests. This process is also referred to as "tracking", ie tracking the potential interests of the users. If we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases:  

The legal basis on which we process your personal data with the help of cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in a business operation of our online offering and its improvement) or if the use of cookies is necessary to fulfill our contractual obligations.

General information on revocation and objection (opt-out):  

Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data by cookie technologies ( collectively referred to as "opt-out"). You can first declare your objection using the settings in your browser, e.g. by deactivating the use of cookies (which may also limit the functionality of our online offering). You can also object to the use of cookies for online marketing purposes using a variety of services, especially in the case of tracking, via the https://optout.aboutads.info website and https://www.youronlinechoices.com/ . In addition, you can receive further contradiction notices in the context of the information on the service providers and cookies used.

Processing of cookie data based on consent: 

Before we process or have data processed as part of the use of cookies, we ask users for consent that can be revoked at any time. Before consent has not been given, cookies are used that are necessary for the operation of our online offer. Their use is based on our interest and the interest of the users in the expected functionality of our online offer. 

  • Processed data types: usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. GDPR).

 

Provision of the online offer and web hosting

In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security and technical maintenance services.

The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer, which is generated as part of the use and communication. This regularly includes the IP address that is necessary to be able to deliver the content of online offers to browsers, and all entries made within our online offer or on websites.

Collection of access data and log files: 

We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the accessed websites and files, date and time of access, transferred data volumes, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure that the server is fully loaded and stable.

  • Processed data types: content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Legal basis: legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR).

Special notes on applications (apps)

We process the data of the users of our application, insofar as this is necessary in order to provide the user with the application and its functionalities, to monitor its security and to be able to develop it further. We can also contact users in compliance with the legal requirements if communication is required for the purposes of administration or use of the application. For the rest, we refer to the data protection information in this data protection declaration with regard to the processing of user data.

Legal basis: 

The processing of data that is required to provide the functionalities of the application serves to fulfill contractual obligations. This also applies if the provision of the functions requires user authorization (e.g. release of device functions). If the processing of data is not necessary for the provision of the functionalities of the application, but serves the security of the application or our business interests (e.g. collection of data for purposes of optimizing the application or security purposes), it is carried out on the basis of our authorized ones Interests. If users are expressly asked for their consent to the processing of their data, the data included in the consent will be processed on the basis of the consent.

Device authorizations for access to functions and data: 

The use of our application or its functionalities can require user authorizations for access to certain functions of the devices used or to the data stored on the devices or accessible with the help of the devices. By default, these authorizations must be granted by the users and can be revoked at any time in the settings of the respective devices. The exact procedure for checking the app permissions may depend on the device and the software of the users. If explanations are needed, users can contact us. We would like to point out that the refusal or revocation of the respective authorizations can influence the functionality of our application.

Access to the camera and saved recordings: 

As part of the use of our application, image recordings of users (and of other persons captured by the recordings) are processed by accessing the camera functions or saved recordings. Access to the camera functions or saved recordings requires authorization that can be revoked by the user at any time. The processing of the image recordings only serves to provide the respective functionality of our application, in accordance with its description to the users, or its typical and expected functionality.

  • Processed data types: inventory data (e.g. names, addresses), meta / communication data (e.g. device information, IP addresses), image recordings (e.g. photographs of a person).

  • Purposes of processing: contractual services and service.

Legal basis: consent (Art. 6 Para. 1 S. 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit.f GDPR).

Obtaining applications through app stores

Our application is obtained via special online platforms operated by other service providers (so-called "app stores"). In this context, the data protection information of the respective app stores applies in addition to our data protection information. The data collected by the app store are not obtained from us or processed further. This applies in particular with regard to the methods used on the platforms for measuring range and for interest-based marketing, as well as any costs.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. email, telephone numbers), contract data (e.g. contract object, duration, customer category), usage data (e.g. websites visited, interest in content , Access times), meta / communication data (e.g. device information, IP addresses).

  • Affected People: Customers.

  • Purposes of processing: contractual services and service.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f GDPR).

 

Services and service providers used:

 

Blogs and publication media

We use blogs or comparable means of online communication and publication (hereinafter "publication medium"). The readers' data will only be processed for the purposes of the publication medium to the extent necessary for its presentation and communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium in the context of this data protection notice.

Comments and contributions: 

If users leave comments or other contributions, their IP addresses can be saved based on our legitimate interests. This is done for our security, if someone leaves illegal content in comments and contributions (insults, forbidden political propaganda etc.). In this case, we can be sued for the comment or contribution and are therefore interested in the identity of the author.

We also reserve the right to process user information for spam detection based on our legitimate interests.

On the same legal basis, we reserve the right to store users' IP addresses for the duration of the surveys and to use cookies in order to avoid multiple votes.

The information provided in the context of the comments and contributions, any contact and website information as well as the content are stored by us until the user objects.

Contact

When contacting us (e.g. via contact form, email, telephone or via social media), the details of the inquiring persons are processed, insofar as this is necessary to answer the contact inquiries and any measures requested.

The answering of contact inquiries within the framework of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre) contractual inquiries and, moreover, on the basis of the legitimate interests in answering the inquiries.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: communication partner.

  • Purposes of processing: contact requests and communication, administration and answering of requests.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f GDPR).

Application process

The application process requires applicants to provide us with the data necessary for their assessment and selection. Which information is required can be found in the job description or, in the case of online forms, from the information there. 

Basically, the required information includes information about the person, such as the name, address, contact options and evidence of the qualifications required for a job. If you have any questions, we will also be happy to tell you what information is required.

If provided, applicants can send us their applications using an online form. The data is transmitted to us encrypted in accordance with the state of the art. Applicants can also send us their applications via email. However, please note that emails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted during transport, but not on the servers from which they are sent and received. We can therefore accept no responsibility for the transmission path of the application between the sender and receipt on our server. 

For the purposes of searching for applicants, submitting applications and selecting applicants, we can take advantage of the legal requirements, applicant management or recruitment software and platforms and services from third-party providers.

Applicants are welcome to contact us about how to submit the application or to send us the application by post.

Processing of special categories of data:

Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR (e.g. health data, such as the severely disabled or ethnic origin) are requested from applicants, so that the person responsible or the data subject can extract the information from him or her from the Employment law and the right of social security and social protection to exercise adult rights and to fulfill his or her duties in this regard are processed in accordance with Art. 9 Para. 2 lit. b. GDPR, in the case of protecting the vital interests of applicants or other persons in accordance with Art. 9 para. 2 lit. c. GDPR or for the purposes of preventive health care or occupational medicine, for assessing the employability of the employee, for medical diagnostics, for care or treatment in the health or social area or for the administration of systems and services in the health or social area acc. Art. 9 para. 2 lit. H. GDPR. In the case of a notification of the special categories of data based on voluntary consent, their processing takes place on the basis of Art. 9 Para. 2 lit. a. GDPR.

Deletion of data:

The data provided by the applicants can be processed by us in the event of a successful application for the purposes of the employment relationship. Otherwise, if the application for a job offer is unsuccessful, the applicant's data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time. The deletion takes place, subject to a justified revocation of the applicants, at the latest after a period of six months, so that we can answer any follow-up questions to the application and meet our obligations to provide evidence from the regulations on equal treatment of applicants. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.

Admission to an applicant pool: 

Admission to an applicant pool, if offered, is based on consent. Applicants are informed that their approval to be admitted to the talent pool is voluntary, has no influence on the ongoing application process and that they can withdraw their consent at any time in the future. 

  • Processed data types: Applicant data (e.g. personal details, postal and contact addresses, the documents belonging to the application and the information contained therein, such as cover letter, curriculum vitae, certificates as well as other information regarding a specific position or voluntarily provided by applicants about their person or qualification).

  • Affected People: Applicants.

  • Purposes of processing: application process (justification and possible later implementation as well as possible later termination of the employment relationship.).

  • Legal basis:Art. 9 para. 1 sentence 1 lit. b GDPR (application process as a pre-contractual or contractual relationship) (Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR (e.g. health data, such as the severely disabled or ethnic origin) are requested from applicants, so that the person responsible or the data subject can exercise his or her rights arising from labor law and the law of social security and social protection and can fulfill his or her obligations in this regard, they are processed in accordance with Article 9 (2) (b) GDPR, in the case of the protection of the vital interests of applicants or other persons in accordance with Article 9 (2) (c) GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employability of the employee, for medical diagnostics, care or treatment in the health or social area or for the administration of systems and services in the health or social area acc. Art. 9 para. 2 lit. H. GDPR. In the case of a notification of special categories of data based on voluntary consent, their processing takes place on the basis of Art. 9 Para. 2 lit. a. GDPR.). 9 para. 2 lit. a. GDPR.). 9 para. 2 lit. a. GDPR.).

Services and service providers used:​

The purpose and scope of the data collection and the further processing and use of the data by other applicant platforms (e.g. Indeed) as well as the setting options to protect your privacy can be found in the data protection information of the respective provider. Please note that we have no influence on the content of the linked pages and the data processing taking place there. 

Applicants' data will be deleted after 6 months in the event of a rejection. In the event that you have consented to further storage of your personal data, we will transfer your data to our applicant pool. There the data will be deleted after two years. If you have been awarded a job as part of the application process, the data from the applicant data system will be transferred to our personnel information system.

 

Newsletter and broad communication

We only send newsletters, e-mails and other electronic notifications (hereinafter referred to as "newsletters") with the consent of the recipient or a legal permission. If the contents of a newsletter are specifically described, they are decisive for the user's consent. Our newsletters also contain information about our services and us.

To subscribe to our newsletters, it is generally sufficient to provide your email address. However, we can ask you to enter a name for the purpose of addressing yourself personally in the newsletter or other information if this is necessary for the purposes of the newsletter.

Double opt-in procedure: 

The registration for our newsletter is generally carried out in a so-called double opt-in procedure. This means that after registration 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. The registrations for the newsletter are logged in order to be able to demonstrate the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the shipping service provider are also logged.

Deletion and restriction of processing:  

We can save the e-mail addresses that have been removed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous consent is confirmed. In the event of obligations to permanently observe contradictions, we reserve the right to save the email address for this purpose in a blacklist.

The logging of the registration process takes place on the basis of our legitimate interests for the purpose of demonstrating its proper course. Insofar as we commission a service provider to send emails, this is based on our legitimate interests in an efficient and secure shipping system.

Notes on legal bases: 

The newsletter is sent based on the consent of the recipient or, if consent is not required, on the basis of our legitimate interests in direct marketing, insofar as and insofar as this is permitted by law, e.g. in the case of existing customer advertising. Insofar as we commission a service provider to send emails, this is based on our legitimate interests. The registration process is recorded based on our legitimate interests to demonstrate that it was conducted in accordance with the law.

Contents: 

Information about us, our products, our cheeky recipe world, promotions, competitions and offers.

Analysis and measurement of success: 

The newsletters contain a so-called "web beacon", ie a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, from its server First, technical information, such as information about the browser and your system, as well as your IP address and the time of access, is collected. 

This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behavior based on their location (which can be determined using the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aim nor, if used, that of the shipping service provider to observe individual users. Rather, the evaluations help us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

The evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the user, on the basis of our legitimate interests for the purpose of using a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users.

A separate revocation of the success measurement is unfortunately not possible, in this case the entire newsletter subscription must be canceled or contradicted.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), meta / communication data (e.g. device information, IP addresses), usage data (e.g. visited websites, interest in content, access times).

  • Affected persons: communication partner.

  • Purposes of processing: direct marketing (e.g. by email or post).

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. GDPR).

  • Opposition option (opt-out): You can cancel the receipt of our newsletter at any time, ie revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the contact options given above, preferably by email.

 

Services and service providers used:

Sweepstakes and competitions

We process personal data of the participants of competitions and competitions only in compliance with the relevant data protection regulations, insofar as the processing for the provision, implementation and processing of the competition is contractually necessary, the participants have consented to the processing or the processing serves our legitimate interests (e.g. in the Security of the competition or the protection of our interests against misuse by possible recording of IP addresses when submitting competition contributions).

If entries by the participants are published as part of the competitions (e.g. in the context of a vote or presentation of the competition contributions or the winners or reporting on the competition), we would like to point out that the names of the participants can also be published in this context. Participants can object to this at any time.

If the competition takes place within an online platform or a social network (e.g. Facebook or Instagram, hereinafter referred to as "online platform"), the usage and data protection provisions of the respective platforms also apply. In these cases, we would like to point out that we are responsible for the information provided by the participants in the context of the competition and any inquiries regarding the competition are to be addressed to us.

The data of the participants will be deleted as soon as the competition or competition has ended and the data is no longer required to inform the winners or because questions about the competition can be expected. In principle, the data of the participants will be deleted no later than 6 months after the end of the competition. Winners' data can be retained longer, for example to answer questions about the winnings or to fulfill the winnings; In this case, the retention period depends on the type of profit and is up to three years for things or services, for example, to process warranty cases. In addition, the data of the participants can be stored longer, for example in the form of reporting on the competition in online and offline media. 

If data was also collected for other purposes as part of the competition, its processing and retention period are based on the data protection information for this use (e.g. in the case of a newsletter subscription as part of a competition).

  • Processed data types: inventory data (e.g. names, addresses), content data (e.g. text input, photographs, videos).

  • Data subjects: Contestants and contestants.

  • Purposes of processing: Conducting competitions and competitions.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR).

 

Surveys

The surveys we carry out (hereinafter "surveys") are evaluated anonymously. Personal data is only processed insofar as this is necessary for the provision and technical implementation of the surveys (e.g. processing of the IP address to display the survey in the user's browser or the resumption of the survey using a temporary cookie (session cookie) enable) or users have consented.

Notes on the legal basis: 

If we ask the participants for their consent to the processing of their data, this is the legal basis for the processing, otherwise the data of the participants is processed on the basis of our legitimate interests in carrying out an objective survey.

  • Processed data types: contact data (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses) .

  • Affected persons: communication partners , users (e.g. website visitors, users of online services).

  • Purposes of processing: contact inquiries and communication, direct marketing (e.g. by email or post), tracking (e.g. interest / behavior-related profiling, use of cookies), feedback (e.g. collecting feedback via online form).

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. GDPR).

Services and service providers used: 

Online marketing

We process personal data for the purposes of online marketing, which in particular includes the marketing of advertising space or the display of advertising and other content (collectively referred to as "content") based on potential interests of the users and the measurement of their effectiveness. 

For these purposes, so-called user profiles are created and saved in a file (so-called "cookie") or similar methods are used, by means of which the information relevant to the presentation of the aforementioned content about the user is saved. This information can include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on times of use. If users have consented to the collection of their location data, this can also be processed. 

The IP addresses of the users are also saved. However, we use available IP masking procedures (ie, pseudonymization by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) is saved as part of the online marketing process, but pseudonyms. Ie, as well as the providers of the online marketing process, do not know the actual identity of the user, but only the information stored in their profiles.

The information in the profiles is usually saved in the cookies or by means of similar processes. These cookies can generally be later read on other websites that use the same online marketing process, analyzed and analyzed for the purpose of displaying content, and supplemented with further data and stored on the server of the online marketing process provider.

In exceptional cases, clear data can be assigned to the profiles. This is the case if the users are members of a social network, for example, whose online marketing process we use and the network connects the profiles of the users with the aforementioned information. We ask you to note that users can make additional agreements with the providers, for example by consenting to the registration.

We generally only have access to summarized information about the success of our advertisements. However, as part of so-called conversion measurements, we can check which of our online marketing processes have led to a so-called conversion, ie, for example, to conclude a contract with us. The conversion measurement is only used to analyze the success of our marketing measures.

Unless otherwise stated, we ask you to assume that the cookies used will be stored for a period of two years.

Notes on legal bases: 

If we ask the users for their consent to the use of third-party providers, the legal basis for the processing of data is the consent. Otherwise, the data of the users are processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

Target group formation with Google Analytics: 

We use Google Analytics to display the advertisements placed by Google and its partners' advertising services only to those users who have shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products which are determined on the basis of the visited websites) which we transmit to Google (so-called "re-marketing" or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our advertisements correspond to the potential interest of users. 

Facebook pixel: 

With the help of the Facebook pixel, it is possible for Facebook to determine the visitors of our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to only display the Facebook ads that we place on Facebook and within the services of the partners who cooperate with Facebook (so-called "Audience Network" https://www.facebook.com/audiencenetwork/) that have shown an interest in our online offer or that have certain characteristics (eg interest in certain topics or products that can be seen from the websites visited) that we transmit to Facebook (so-called "Custom Audiences") We also want to ensure that the Facebook pixel is in line with the potential interest of users and is not a nuisance. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were forwarded to our website after clicking on a Facebook ad (so-called "conversion measurement").

  • Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses), location data (data indicating the location of the end device of an end user), social data (data that are subject to social secrecy (§ 35 SGB I) and are processed, for example, by social security institutions, social assistance providers or supply authorities.

  • Affected persons: users (e.g. website visitors, users of online services), prospective customers, customers, employees (e.g. employees, applicants, former employees), communication partners.

  • Purposes of processing: tracking (e.g. interest / behavior-related profiling, use of cookies), remarketing, visitor action evaluation, interest-based and behavior-related marketing, profiling (creating user profiles), conversion measurement (measuring the effectiveness of marketing measures), range measurement (e.g. access statistics, recognition of recurring events) Visitors), target group formation (determination of target groups relevant for marketing purposes or other output of content), cross-device tracking (cross-device processing of user data for marketing purposes).

  • Security measures: IP masking (pseudonymization of the IP address).

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. GDPR).

  • Opposition option (opt-out): We refer to the data protection information of the respective provider and the objection options given to the providers (so-called "opt-out"). If no explicit opt-out option has been specified, there is the possibility that you can deactivate cookies in the settings of your browser. However, this may restrict the functions of our online offer. We therefore also recommend the following opt-out options, which are offered in summary for each area: a) Europe: https://www.youronlinechoices.eu . b) Canada: https://www.youradchoices.ca/choices . c) USA: https://www.aboutads.info/choices . d) Cross-Territory:https://optout.aboutads.info.

Services and service providers used:

 

Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that users' data can be processed outside the European Union. This can result in risks for the user, for example because it could make it more difficult to enforce users' rights. With regard to US providers who are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they are committed to complying with EU data protection standards.

Furthermore, the data of users within social networks are usually processed for market research and advertising purposes. For example, usage profiles can be created based on usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that are believed to correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and interests of the users are stored. Furthermore, data can be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information from the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we would like to point out that these can be most effectively asserted by the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Purposes of processing: contact inquiries and communication, tracking (e.g. interest / behavior-related profiling, use of cookies), remarketing, range measurement (e.g. access statistics, recognition of returning visitors).

  • Legal basis: legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR).

Services and service providers used:

Plugins and embedded functions as well as content

We integrate functional and content elements into our online offer, which are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These can be, for example, graphics, videos or social media buttons and contributions (hereinafter: uniformly referred to as "content").

The integration always presupposes that the third-party providers of this content process the IP address of the users, because without the IP address they could not send the content to their browser. The IP address is therefore required to display this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can 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.

Notes on legal bases: 

If we ask the users for their consent to the use of third-party providers, the legal basis for the processing of data is the consent. Otherwise, the data of the users are processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

Integration of third-party software, scripts or frameworks (e.g. jQuery): 

We integrate software into our online offering that we retrieve from other providers' servers (e.g. function libraries that we use to display or make our online offering more user-friendly). The respective providers collect the IP address of the user and can process it for the purpose of transmitting the software to the browser of the user and for security purposes, as well as for evaluating and optimizing their offer. 

  • Processed data types: usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses), location data (data indicating the location of the end device of an end user), contact details (e.g. e- Mail, telephone numbers), content data (e.g. text input, photographs, videos), inventory data (e.g. names, addresses).

  • Affected persons: users (e.g. website visitors, users of online services), communication partners .

  • Purposes of processing: provision of our online offer and user-friendliness, contractual services and service, contact inquiries and communication, direct marketing (e.g. by email or post), tracking (e.g. interest / behavioral profiling, use of cookies), interest-based and behavioral marketing, profiling (Creating user profiles), security measures, management and answering inquiries.

  • Legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. GDPR), consent (Art. 6 para. 1 sentence 1 lit. 1 lit.b GDPR).

 

Services and service providers used:

Planning, organization and auxiliary tools

We use services, platforms and software from other providers (hereinafter referred to as "third-party providers") for the purposes of organizing, managing, planning and providing our services. When selecting third-party providers and their services, we observe the legal requirements. 

In this context, personal data can be processed and stored on the servers of third-party providers. Various data may be affected by this, which we process in accordance with this data protection declaration. This data can include, in particular, user master data and contact data, data on processes, contracts, other processes and their content.

If users are referred to the third-party providers or their software or platforms in the context of communication, business or other relationships with us, the third-party providers can process usage data and metadata for security purposes, for service optimization or for marketing purposes. We therefore ask that you observe the data protection notices of the respective third party providers.

Notes on legal bases:

If we ask the users for their consent to the use of third-party providers, the legal basis for the processing of data is the consent. Furthermore, their use can be part of our (pre) contractual services, provided that the use of third-party providers has been agreed in this context. Otherwise, the data of the users are processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: communication partners , users (e.g. website visitors, users of online services).

  • Purposes of processing: range measurement (e.g. access statistics, recognition of returning visitors), tracking (e.g. interest / behavior-related profiling, use of cookies), profiling (creating user profiles), contact inquiries and communication, management and answering inquiries, feedback (e.g. collecting Feedback via online form), surveys and questionnaires (eg surveys with input options, multiple-choice questions), target group formation (determination of target groups relevant for marketing purposes or other output of content).

  • Legal basis: consent (Art. 6 Para. 1 S. 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit.f GDPR).

Services and service providers used:

 

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consent for processing is revoked or other permits no longer apply (e.g. if the purpose of processing this data has ceased to apply or if it is not necessary for the purpose).

If the data is not deleted because it is required for other and legally permissible purposes, its processing is restricted to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be given in the context of the individual data protection information in this data protection declaration.

 

Change and update of the data protection declaration

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

If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses can change over time and ask you to check the information before contacting us.

 

Rights of the data subjects

As the person concerned, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

  • Right of objection: You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Art. 6 Para. e or f GDPR, to file an objection; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising.

  • Right to withdraw consent: You have the right to withdraw consent at any time.

  • Right to information: You have the right to request confirmation as to whether the data in question are being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.

  • Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the legal requirements.

  • Right to data portability: You have the right to receive the data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request their transfer to another person responsible.

  • Complaint to the supervisory authority: In accordance with the legal requirements, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of your data affects you personal data violates the GDPR.

 

Definitions of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and are mainly defined in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily for understanding. The terms are sorted alphabetically. 

  • Visit action evaluation: "Visit action evaluation" ("Conversion Tracking") describes a procedure with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the users' devices within the websites on which the marketing measures are carried out and then called up again on the target website. For example, we can use this to understand whether the ads we placed on other websites were successful). 

  • Cross-device tracking: Cross-device tracking is a form of tracking in which behavior and interest information of users is recorded across devices in so-called profiles by assigning users an online identifier. As a result, the user information can usually be analyzed for marketing purposes regardless of the browsers or devices used (e.g. mobile phones or desktop computers). With most providers, the online identifier is not linked to clear data, such as names, postal addresses or email addresses. 

  • IP masking: "IP masking" is a method in which the last octet, ie the last two digits of an IP address, is deleted so that the IP address can no longer be used to uniquely identify a person. IP masking is therefore a means of pseudonymizing processing methods, especially in online marketing 

  • Interest-based and behavior-related marketing: One speaks of interest-based and / or behavior-related marketing if potential interests of users in advertisements and other content are predetermined as precisely as possible. This is done based on information about their previous behavior (e.g. visiting certain websites and lingering on them, buying behavior or interacting with other users), which is stored in a so-called profile. Cookies are generally used for these purposes. 

  • Conversion measurement: Conversion measurement is a procedure with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the users' devices within the websites on which the marketing measures are carried out and then called up again on the target website. For example, we can use this to track whether the ads we placed on other websites were successful. 

  • Personal data: "Personal data" is all information relating to an identified or identifiable natural person (hereinafter "data subject"); A natural person is considered to be identifiable if he or she can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (eg cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person. 

  • Profiling: "Profiling" is any type of automated processing of personal data that consists of the fact that this personal data is used to identify certain personal aspects that relate to a natural person (depending on the type of profiling, this includes information regarding the Analyze, evaluate, or to predict age, gender, location data and movement data, interaction with websites and their content, shopping behavior, social interactions with other people (e.g. interests in certain content or products, click behavior on a website or the location). Cookies and web beacons are often used for profiling purposes. 

  • Reach measurement: The reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offer and can include the behavior or interests of visitors to certain information, such as the content of websites. With the help of the reach analysis, website owners can, for example, recognize when visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. For the purposes of range analysis, pseudonymous cookies and web beacons are often used to identify returning visitors and thus to obtain more precise analyzes of the use of an online offer. 

  • Re-marketing: One speaks of "re-marketing" or "retargeting" if, for example, for advertising purposes, it is noted which products a user was interested in on a website in order to remind the user on other websites of these products, for example in advertisements. 

  • Tracking: One speaks of "tracking" if the behavior of users can be traced across several online offers. As a rule, behavioral and interest information is stored in cookies or on servers of the providers of tracking technologies with regard to the online offers used (so-called profiling). This information can then be used, for example, to show users advertisements that are likely to correspond to their interests. 

  • Responsible: The "responsible" is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data. 

  • Processing: "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and encompasses practically every handling of data, be it collecting, evaluating, storing, transmitting or deleting. 

  • Target group formation: One speaks of target group formation (or "custom audiences") when target groups are determined for advertising purposes, such as the display of advertisements. For example, based on a user's interest in certain products or topics on the Internet, it can be concluded that this user is himself interested in advertisements for similar products or the online shop in which he viewed the products. "Lookalike Audiences" (or similar target groups) is used when the content or content that is deemed suitable is displayed to users whose profiles or interests are suspected correspond to the users for whom the profiles were created. Cookies and web beacons are generally used for the purpose of creating custom audiences and lookalike audiences. 

  • Facebook
  • Instagram

Get Updates on Elby's

© 2020 Elby's Organics   |   Imprint   |   Data Privacy