Data protection

Privacy Policy

Unless otherwise stated below, the provision of your personal data is neither required by law nor by contract, nor is it necessary to conclude a contract. You are not obliged to provide the data. Failure to provide it will have no consequences. This applies only insofar as no other indication is given for the subsequent processing operations.
"Personal data" means all information relating to an identified or identifiable natural person.


Server Log Files
You can visit our websites without providing any information about yourself. 
Whenever you access our website, usage data is transmitted to us or our web host / IT service provider by your internet browser and stored in log files (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transmitted, and the requesting provider.
Processing is based on Art. 6(1)(f) GDPR on the basis of our overriding legitimate interest in ensuring the uninterrupted operation of our website and improving our offer. 

 
Your data may be transmitted to and processed in third countries outside the EU, in particular Canada and the USA. An adequacy decision by the EU Commission exists for Canada. An adequacy decision by the EU Commission exists for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transmission is based on contractual obligations comparable to the EU Commission's standard contractual clauses.

Contact

Data Controller/Data Protection Officer
Contact us if you wish. The data controller is: H.u.W. Schmänk GmbH & Co. KG, Zum Tollberg 11, 46499 Hamminkeln Germany, +4918527190, datenschutz@biberna.de

You can contact our data protection officer directly at: datenschutz@biberna.de

Customer Initiated Contact via Email
If you initiate business contact with us via email, we collect your personal data (name, email address, message text) only to the extent you provide it. The data processing is for the purpose of processing and responding to your contact request.
If the contact is for the purpose of carrying out pre-contractual measures (e.g. advice on purchase interest, creation of an offer) or concerns a contract already concluded between you and us, this data processing is based on Art. 6(1)(b) GDPR.
If the contact is for other reasons, this data processing is based on Art. 6(1)(f) GDPR on the basis of our overriding legitimate interest in processing and responding to your request. In this case, you have the right to object at any time to this processing of personal data relating to you based on Art. 6(1)(f) GDPR for reasons arising from your particular situation.
We use your email address only to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.


Collection and Processing When Using the Contact Form
When using the contact form, we collect your personal data (name, email address, message text) only to the extent you provide it. The data processing is for the purpose of contacting you.

If the contact is for the purpose of carrying out pre-contractual measures (e.g. advice on purchase interest, creation of an offer) or concerns a contract already concluded between you and us, this data processing is based on Art. 6(1)(b) GDPR.
If the contact is for other reasons, this data processing is based on Art. 6(1)(f) GDPR on the basis of our overriding legitimate interest in processing and responding to your request. In this case, you have the right to object at any time to this processing of personal data relating to you based on Art. 6(1)(f) GDPR for reasons arising from your particular situation.
We use your email address only to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.

Collection and Processing When Using the Revocation Button 
If you have concluded a contract via our online presence, we provide you with a revocation function (revocation button) through which you can submit your revocation statement immediately. 
When using the revocation function, we collect your personal data (name, email address, information identifying the contract or part of the contract you wish to revoke, as well as the time (date and time) of submission of the revocation statement) only to the extent you provide it. The data processing is for the purpose of providing you with the legally required option to revoke your contract and properly processing your revocation. 
If the contact concerns a contract already concluded between you and us, this data processing is based on Art. 6(1)(b) GDPR. Otherwise, the data processing is based on Art. 6(1)(c) GDPR, as we are legally obliged to provide you with a revocation function on our online presence. 
We use your email address only to process your revocation statement. Your data will then be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use. 
 
The processing of your personal data is for the purpose of legally fulfilling the statutory requirements for the design of the revocation function and is based on Art. 6(1)(c) GDPR. This data processing is also based on Art. 6(1)(f) GDPR on the basis of our overriding legitimate interest in being able to provide you with a user-friendly revocation option. In this case, you have the right to object at any time to this processing of personal data relating to you based on Art. 6(1)(f) GDPR.
 
Use of WeTransfer
We use the WeTransfer service from WeTransfer B.V. (Willem Fenengastraat 19, 1096 BL Amsterdam, Netherlands; “WeTransfer”) to send files up to 2 GB in size at your request.
The use is for the purpose of transmitting large files in high quality. To this end, we pass on your email address and the file to be transmitted to WeTransfer. WeTransfer generates a download link, which is sent to you and us by email. The data is encrypted by WeTransfer during transmission and storage and can only be accessed via the download link.
Your personal data may be transmitted to WeTransfer servers in the USA and temporarily stored there (partly unencrypted). An adequacy decision by the EU Commission exists for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). WeTransfer is not certified under the TADPF. The data transmission is based, among other things, on standard contractual clauses as appropriate safeguards for the protection of personal data, which can be viewed at: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.
Processing is based on Art. 6(1)(a) GDPR with your consent, provided you have expressly agreed to the use of WeTransfer.
You can revoke your consent at any time by notifying us, without affecting the lawfulness of the processing carried out based on the consent up to the point of revocation.
Further information on data protection when using WeTransfer can be found at: https://wetransfer.com/legal/privacy.


Customer Account      Orders      

Customer Account
When opening a customer account, we collect your personal data to the extent stated therein. The data processing is for the purpose of improving your shopping experience and simplifying order processing. Processing is based on Art. 6(1)(a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the lawfulness of the processing carried out based on the consent up to the point of revocation. Your customer account will then be deleted.


Collection, Processing and Disclosure of Personal Data for Orders
When placing an order, we collect and process your personal data only insofar as this is necessary to fulfill and process your order and to process your requests. The provision of the data is necessary to conclude the contract. Failure to provide it will result in no contract being concluded. Processing is based on Art. 6(1)(b) GDPR and is necessary for the performance of a contract with you. 
Your data may be disclosed, for example, to shipping companies, dropshipping or fulfillment providers, payment service providers, order processing service providers, and IT service providers. In all cases, we strictly comply with statutory requirements. The scope of data transmission is limited to the minimum necessary.
 
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. An adequacy decision by the European Commission exists for Canada. An adequacy decision by the European Commission also exists for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer is based on contractual obligations comparable to those of the European Commission's standard contractual clauses.

Reviews       Advertising      


Data collection when creating a comment or review
When you comment on or review an item or post, we only collect your personal data (name, email address, comment text) to the extent that you provide it. The purpose of processing is to enable commenting/reviewing and to display comments/reviews. 


By submitting the comment/review, you consent to the processing of the submitted data. The processing is based on Art. 6(1)(a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the lawfulness of the processing carried out based on consent up to the time of revocation. Your personal data will then be deleted.

When your comment/review is published, the name you provided and the email address you shared will be published.

Use of Trustpilot
We use the "Trustpilot" review system by Trustpilot A/S (Pilestræde 58, 1112 Copenhagen, Denmark; "Trustpilot") on our website.
Trustpilot enables us to collect customer reviews and display them on our website to give you insight into the quality of our services.
After placing an order, you may receive an invitation from us or Trustpilot to leave a review and subsequently leave a review. In this context, the following data may be processed by us or Trustpilot, among others: email address, name, information about your device and location (IP address, browser settings, type of browser used, browser language, time zone), information about your Trustpilot user account (username, photo, preferred language), information about the purchased product or service used (reference or order number, product details), the content of your review and the star rating you provided, your product photos or videos (if you have attached them to your product review). This data may also be used for the purpose of verifying your review.
The processing is based on Art. 6(1)(a) GDPR with your consent, provided you have expressly agreed to the disclosure of your data and the receipt of the review request. You can revoke your consent at any time, without affecting the lawfulness of the processing carried out based on consent up to the time of revocation.
Further information on data protection when using Trustpilot can be found at:  https://de.legal.trustpilot.com/for-reviewers/end-user-privacy-terms.


Use of the Trusted Shops review system (Trustbadge)
We use the review system of Trusted Shops SE, Subbelrather Str. 15C, 50823 Cologne; "Trusted Shops" on our website.
Trusted Shops and we are jointly responsible for the collection of your data when using the service and the transmission of this data to Trusted Shops. This is based on an agreement between us and Trusted Shops on the joint processing of personal data.
Accordingly, we and Trusted Shops are equally responsible for fulfilling the obligations under the GDPR, in particular for fulfilling the information obligations under Art. 13, 14 GDPR and for granting the data subject rights under Art. 15 - 21 GDPR. Further information on this can be found at https://help.etrusted.com/hc/de/article_attachments/4422901015569.
Trusted Shops enables us to collect customer reviews and display them on our website via the "Trustbadge" to give you insight into the quality of our services.
After placing an order, you may receive an invitation from us or Trusted Shops to leave a review and subsequently leave a review. In this context, the following data are processed by us or Trusted Shops: email address, order information (order amount, order number, purchased product, if applicable). This data may also be used for the purpose of verifying your review.
When you visit our website and the Trustbadge is displayed, we or Trusted Shops also process the following data: your IP address, the date and time of the visit, the amount of data transmitted and the requesting provider.
The processing is based on Art. 6(1)(a) GDPR with your consent, provided you have expressly agreed to the disclosure of your data and the receipt of the review request. You can revoke your consent at any time, without affecting the lawfulness of the processing carried out based on consent up to the time of revocation.
Further information on data protection at Trusted Shops can be found at: https://www.trustedshops.de/impressum-datenschutz/#datenschutz.


Use of the email address for sending newsletters
We use your email address to send information and offers via newsletter, provided you have expressly agreed to this. The data processing serves exclusively the purpose of advertising communication. For this purpose, we process your email address as well as, if applicable, other data that you have voluntarily provided when signing up for our newsletter.
The processing is based on Art. 6(1)(a) GDPR with your consent. You can revoke your consent at any time, without affecting the lawfulness of the processing carried out based on consent up to the time of revocation.
You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the mailing list. Despite removal from the mailing list, we may continue to store your email address in a so-called blacklist to prevent you from receiving newsletter emails from us in the future. This storage is based on Art. 6(1)(f) GDPR due to our and your legitimate interest in preventing the reuse of your email address for sending our newsletter. You have the right to object to this processing of personal data affecting you at any time for reasons arising from your particular situation.


Use of Klaviyo
We use the service of Klaviyo Inc. (125 Summer St Floor 7, Boston, MA 02111, USA; “Klaviyo”)  for newsletter distribution within the framework of data processing on behalf of a third party.
We pass on the information you provided during newsletter registration (email address, first and last name, if applicable) to Klaviyo. The data processing serves the purpose of newsletter distribution and its statistical evaluation.
To evaluate newsletter campaigns, the sent newsletters contain a 1x1 pixel graphic (tracking pixel) or a tracking link. This allows us to determine whether you have opened the newsletter and whether you have clicked any embedded links, if applicable. In this context, we collect your personal data such as your IP address, browser type, device, and the time. From this data, usage profiles can be created under a pseudonym. The collected data are not used to personally identify you. The collected data are merely used for statistical evaluation to improve newsletter campaigns.
Your data are generally transferred to Klaviyo servers in the USA and stored there. An adequacy decision by the European Commission exists for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Klaviyo has certified itself under the TADPF and thus committed to complying with European data protection principles.
The processing of your personal data is based on Art. 6(1)(f) GDPR due to our overriding legitimate interest in a targeted, advertising-effective, and user-friendly newsletter system. You have the right to object to this processing of personal data affecting you at any time for reasons arising from your particular situation.

Further information on data protection at Klaviyo can be found at https://www.klaviyo.com/legal/privacy-notice as well as at https://www.klaviyo.com/legal/data-processing-agreement. 

Payment service provider       Credit check      

Use of Amazon Payments
We use the Amazon Payments payment service from Amazon Payments Europe s.c.a. (38 avenue John F. Kennedy, L-1855 Luxembourg; “Amazon Payments”) on our website.
The data processing serves the purpose of being able to offer you payment via the Amazon Payments payment service.
To integrate this payment service, it is necessary for Amazon Payments to collect, store, and analyze data (e.g., IP address, device type, operating system, browser type, location of your device) when the website is accessed. Cookies may also be used for this purpose. Cookies enable the recognition of your browser.
The processing of your personal data is based on Art. 6(1)(f) GDPR due to our overriding legitimate interest in offering a customer-oriented range of payment methods. You have the right to object to this processing of personal data affecting you at any time for reasons arising from your particular situation.
By selecting and using “Amazon Payments,” the data required for payment processing are transmitted to Amazon Payments so that we can fulfill the contract with you using the selected payment method. This processing is based on Art. 6(1)(b) GDPR.
Further information on data processing when using the Amazon Payments payment service can be found in the corresponding privacy notice at: https://pay.amazon.com/de/help/201212490


Use of Klarna payment options
We use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) on our website. By selecting and using payment via Klarna, the data required for payment processing are transmitted to Klarna so that we can fulfill the contract with you using the selected payment method. This processing is based on Art. 6(1)(b) GDPR.

Cookies may be stored here, which enable the recognition of your browser. The data processing taking place thereby is based on Art. 6(1)(f) GDPR due to our overriding legitimate interest in offering a customer-oriented range of payment methods. You have the right to object to this processing of personal data affecting you at any time for reasons arising from your particular situation.
 
“Pay Later” (invoice), “Pay Now” (payment by direct debit, credit card, instant transfer), “Financing” (installment purchase)
For individual payment methods such as “Pay Later” (invoice), “Pay Now” (payment by direct debit, credit card, instant transfer), “Financing” (installment purchase), Klarna reserves the right, if applicable, to obtain a credit check based on mathematical-statistical methods using credit reporting agencies.
For this purpose,  Klarna  transmits the personal data required for a credit check, such as first and last name, address, gender, email address, IP address, as well as data related to the order, to a credit reporting agency for the purpose of identity and credit verification, and uses the received information about the statistical probability of a payment default to make a balanced decision about the establishment, performance, or termination of the contractual relationship. The credit check may include probability values (score values) calculated based on scientifically recognized mathematical-statistical methods, in whose calculation address data are included, among others. Your protectable interests are taken into account in accordance with legal provisions. The data processing serves the purpose of a credit check for initiating a contract. The processing is based on Art. 6(1)(f) GDPR due to our overriding legitimate interest in protection against payment default when Klarna advances the payment. You have the right to object to this processing of personal data affecting you based on Art. 6(1)(f) at any time by notifying Klarna. The provision of the data is necessary for concluding the contract with the payment method you requested. Failure to provide it will result in the contract not being concluded with the payment method you selected.
Further information, in particular which credit reporting agencies Klarna passes on your personal data to, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies.
 
General information about Klarna can be found at: https://www.klarna.com/de/. Your personal details are handled by Klarna in accordance with applicable data protection regulations and according to the information in Klarna's privacy notice at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.
 

Cookies

Our website uses cookies. Cookies are small text files that are stored in the internet browser or by the internet browser on a user's computer system. When a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that enables the unique identification of the browser when the website is accessed again.
 
Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting the appropriate technical settings in your internet browser, you can be notified before cookies are set and decide individually on acceptance, as well as prevent the storage of cookies and the transmission of the data contained therein. Already stored cookies can be deleted at any time. However, we point out that you may not be able to use all the functions of this website fully in that case.
 
Under the links below, you can find out how you can manage cookies in the most important browsers (including disabling them):
Chrome: https://support.google.com/accounts/answer/61416?hl=de
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
 
Technically necessary cookies
Unless otherwise stated in the privacy notice below, we only use technically necessary cookies for the purpose of making our offer more user-friendly, effective, and secure. Furthermore, cookies enable our systems to recognize your browser even after you change pages and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized again after you change pages.
 
The use of cookies or comparable technologies is based on Section 25(2) of the TDDDG. The processing of your personal data is based on Art. 6(1)(f) GDPR due to our overriding legitimate interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our offer.
You have the right to object at any time to this processing of personal data concerning you for reasons arising from your particular situation.
 
Use of the Shopify Consent Tool (Shopify Privacy & Compliance)
We use the “Shopify Privacy & Compliance” consent tool from Shopify International Ltd. (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; “Shopify”) on our website. Shopify is an affiliate of Shopify Inc. (151 O’Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The tool allows you to grant consent to data processing on the website, in particular the setting of cookies, as well as to exercise your right of withdrawal for consents already granted. The purpose of the data processing is to obtain and document necessary consents to data processing and thus comply with legal obligations. Cookies may be used for this purpose. User information, including your IP address, is collected and transmitted to Shopify.
Your data may be transmitted to and processed in third countries outside the EU, in particular Canada and the USA. An adequacy decision by the European Commission exists for Canada. An adequacy decision by the European Commission exists for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transmission is based on contractual obligations comparable to those of the European Commission’s standard contractual clauses.
The data processing is carried out to fulfill a legal obligation based on Art. 6(1)(c) GDPR.
Further information on privacy at Shopify can be found at https://www.shopify.com/de/legal/datenschutz.



Analysis      


Use of Shopify Analytics
We use the analytics and reporting functions of Shopify International Ltd. (Victoria Buildings, 
2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; “Shopify”) on our website within the framework of data processing on behalf of a third party. Shopify is an affiliate of Shopify Inc. (151 O’Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The purpose of the data processing is to analyze this website and its visitors. For this purpose, data is stored for marketing and optimization purposes and provided in reports, analyses, and statistics. Among other things, the following device information is collected and processed: information about the web browser, the IP address, the time zone, and some of the cookies installed on your device. When you navigate the website, information is also collected about the webpages or products accessed, the referrer URL (the website through which you accessed our website), as well as information about how you interact with the website. Technologies such as cookies as well as web beacons, tags, and pixels (electronic files used to collect information about how you navigate the website) are used for this purpose.

Your data may be transmitted to and processed in third countries outside the EU, in particular Canada and the USA. An adequacy decision by the European Commission exists for Canada. An adequacy decision by the European Commission exists for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transmission is based on contractual obligations comparable to those of the European Commission’s standard contractual clauses.
The use of cookies or comparable technologies is based on your consent pursuant to Section 25(1) sentence 1 of the TDDDG in conjunction with Art. 6(1)(a) GDPR. The processing of your personal data is based on your consent pursuant to Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out based on consent up to the time of withdrawal.
Further information on privacy at Shopify can be found at https://www.shopify.com/de/legal/datenschutz, information on the data processing agreement at https://www.shopify.com/de/legal/dpa, as well as information on the cookies used at https://www.shopify.com/de/legal/cookies.



Plugins and Other Tools

Use of Google Maps
We use the Google Maps embedding function from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland, “Google”) on our website.
The function enables the visual display of geographical information and interactive maps. When pages containing embedded Google Maps are accessed, Google also collects, processes, and uses data from the website visitors.
Your data may also be transmitted to the USA in this process. An adequacy decision by the European Commission exists for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Google 
has certified itself under the TADPF and thus committed to complying with European data protection principles.
The use of cookies or comparable technologies is based on your consent pursuant to Section 25(1) sentence 1 of the TDDDG in conjunction with Art. 6(1)(a) GDPR. The processing of your personal data is based on your consent pursuant to Art. 6(1)(a) GDPR. You can withdraw your consent at any time without affecting the lawfulness of the processing carried out based on consent up to the time of withdrawal.
Further information on Google’s collection and use of data can be found in Google’s privacy notices at https://www.google.com/privacypolicy.html. There, you also have the option in the Privacy Center to change your settings so that you can manage and protect the data processed by Google.


Data Subject Rights and Retention Period

Retention Period
After the contract has been fully executed, the data will initially be stored for the duration of the warranty period, and then, taking into account statutory, in particular tax and commercial retention periods, and deleted after the expiry of the period, unless you have consented to further processing and use.


Rights of the Data Subject
If the statutory requirements are met, you have the following rights under Art. 15 to 20 GDPR: the right of access, the right to rectification, the right to erasure, the right to restriction of processing, and the right to data portability.
In addition, pursuant to Art. 21(1) GDPR, you have the right to object to processing based on Art. 6(1)(f) GDPR, as well as to processing for direct marketing purposes.


Right to Complain to the Supervisory Authority
Pursuant to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not lawful.


You may file a complaint, among others, with the supervisory authority responsible for us, which you can reach at the following contact details:

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
P.O. Box 20 04 44
40102 Düsseldorf
Tel.: +49 211 384240
Fax: +49 211 38424999
Email: poststelle@ldi.nrw.de


Right to Object
If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6(1)(f) GDPR, you have the right, for reasons arising from your particular situation, to object to this processing at any time with effect for the future.
Once you have objected, the processing of the data concerned will cease, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or if the processing is necessary for the establishment, exercise, or defense of legal claims.