Data Protection Declaration
Privacy Policy
Responsible for the processing of data is:
Jens Jakob
Pankstraße 8, Gebäude P
13127 Berlin
kundenservice@herbathek.com
Phone: 03025797021
Thank you for visiting our online shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.
1. Access data and hosting
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request. These access data are analysed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to Art. 6 (1) 1 lit. f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website.
Hosting
The services for hosting and displaying the website are partly provided by our service providers on the basis of processing on our behalf. Unless otherwise stated in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
2. Data processing for the purposes of processing the contract, establishing contact
2.1 Data processing for the purposes of performing the contract
For the purpose of performing the contract (including enquiries regarding the processing of any existing warranty and performance fault claims as well as any statutory updating obligations) in accordance with Art. 6 (1) (b) GDPR, we collect personal data if you provide it to us voluntarily as part of your order. Mandatory fields are marked as such, as in these cases we necessarily need the data to process the contract and we cannot send the order without their specification. Which data is collected can be seen from the respective input forms.
Further information on the processing of your data, in particular on the forwarding of the data to our service providers for the purpose of order, payment and shipping, can be found in the following sections of this privacy policy. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 (1) (c) GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy.
Merchandise management system
We use merchandise management systems of external service providers for order and contract processing. We engage our service providers on the basis of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
2.2 Customer account
Insofar as you have given your consent to this in accordance with Art. 6 (1) (a) GDPR by deciding to open a customer account, we will use and store your data for the purpose of opening the customer account as well as for further future orders on our website. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy.
2.3 Establishing contact
As part of our customer communication, we collect personal data in order to process your enquiries in accordance with Art. 6 (1) (b) GDPR if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, as in these cases we necessarily need the data to process your enquiry. Which data is collected can be seen from the respective input forms. After your enquiry has been fully processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy.
3. Data processing for the purposes of shipment
We forward your data to the shipping company within the scope required for the delivery of the ordered goods according to Art. 6 (1) (b) GDPR.
4. Data processing for the purposes of payment
As part of the payment process in our online shop, we work together with these partners: technical service provider, credit institution, payment service provider.
4.1 Data processing for the purposes of transaction processing
Depending on the selected payment method, we forward the data necessary for processing the payment transaction to our technical service providers, who act for us on the basis of processing on our behalf or to the authorised credit institutions or to the selected payment service provider insofar as this is necessary for the payment process. This serves the fulfilment of the contract according to Art. 6 (1) (b) GDPR. In certain cases, payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via technical solution within the ordering process. In this respect, the privacy policy of the respective payment service provider applies. If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy.
4.2 Data processing for the purposes of fraud prevention and optimisation of our payment processes
We may forward other data to our service providers, which they use for the purpose of fraud prevention and to optimise our payment processes (e.g. invoicing, processing of contested payments, accounting support) together with the data necessary to process the payment as our processors.
This serves to safeguard our legitimate interests in fraud prevention or an efficient payment management in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests.
4.3 Engagement of debt collection companies
In order to fulfil the contract according to Art. 6 (1) (b) GDPR, we forward your data to an authorised debt collection agency (ETI experts GmbH, Amsterdamer Str. 133B, 50735 Köln, Germany) if our payment claim has not been settled despite a previous reminder. In this case, the claim will be collected directly by the collection agency. In addition, the transmission of data serves to safeguard our legitimate interests in an effective assertion or enforcement of our payment claim in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing interests.
5. Marketing via E-mail
5.1 E-mail newsletter with subscription and newsletter tracking
If you subscribe to our newsletter, we will regularly send you our email newsletter based on your consent according to Art. 6 (1) (a) GDPR, using the data required or disclosed by you separately for this purpose.
You can unsubscribe from the newsletter at any time. This can either be done by sending a message to the contact option described in this privacy policy or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to the further use of your data according to Art. 6 (1) (a) GDPR or we have reserved the right to use your data for other purposes that are permitted by law and about which we inform you in this privacy policy.
We would like to point out that we evaluate your user behaviour when sending the newsletter. For this purpose, we also analyse your interaction with our newsletter by measuring, storing and evaluating opening rates and click-through rates for the purpose of designing future newsletter campaigns ("newsletter tracking").
For this evaluation, the emails sent contain single-pixel technologies (e.g. so-called web beacons, tracking pixels) that are stored on our website. For the evaluations, we link the following "newsletter data" in particular
- the page from which the page was requested (so-called referrer URL),
- the date and time of the request,
- the description of the type of web browser used,
- the IP address of the requesting computer,
- the e-mail address,
- the date and time of registration and confirmation
and the single-pixel technologies with your e-mail address or your IP address and, if applicable, an individual ID. Links contained in the newsletter may also contain this ID.
If you do not wish to receive newsletter tracking, it is possible to unsubscribe from the newsletter at any time - as described above.
The information will be stored as long as you have subscribed to the newsletter.
5.2 Newsletter mailing
The newsletter is sent to you by our service provider who processes data on our behalf and to whom we disclose your email address. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
The newsletter and the newsletter tracking shown above may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
6. Cookies and further technologies
General information
In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser during your next visit (persistent cookies).
Protection of privacy for terminal devices
When you use our online services, we use technologies that are absolutely necessary in order to provide the telemedia service you have expressly requested. The storage of information in your terminal device or access to information that is already stored in your terminal device does not require consent in this respect.
For functions that are not absolutely necessary, the storage of information in your terminal device or access to information that is already stored in your terminal device requires your consent. Please note that if you do not give your consent, parts of the website may not be available for unrestricted use. Any consent you may have given will remain valid until you adjust or reset the respective settings in your terminal device.
Any downstream data processing through cookies and other technologies
We use such technologies that are strictly necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies are used to collect and process IP addresses, time of visit, device and browser information as well as information on your use of our website (e.g. information on your preferences). This serves to safeguard our legitimate interests in an optimised presentation of our offer that are overriding in the process of balancing of interests.
In addition, we use technologies to fulfil the legal obligations, which we are subject to (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.
You can find the cookies settings for your browser by clicking on the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™
If you have consented to the use of the technologies in accordance with Art. 6 (1) (a) GDPR, you can withdraw your consent at any time by sending a message to the contact option described in the privacy policy.
How can I configure the cookie settings of my browser?
Each browser is different in the way it manages cookie settings. This is described in the help menu of each browser, which explains how to change your cookie settings. You can find these for each browser under the following links:
Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™
What types of cookies are being used?
Essential cookies: These cookies are necessary to enable you to use our website. This includes e.g. cookies that enable you to log into the customer area or add items to your shopping cart.
7. Use of cookies and other technologies
We use the following cookies and other third-party technologies on our website. Unless otherwise specified for the individual technologies, this is done on the basis of your consent in accordance with Art. 6 (1) (a) GDPR. The data collected in this context will be deleted after the relevant purpose has been fulfilled and we have ended the use of the respective technology. You can withdraw your consent at any time with effect for the future. Further information on your withdrawal options can be found in the section "cookies and further technologies". Further information, including the basis of our cooperation with the service providers can be found within the respective technologies. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
7.1 Use of Google services
We use the following technologies of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is usually transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. Unless otherwise specified for the specific technologies, data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 GDPR. Further information about data processing by Google can be found in Google's privacy policy.
Our service providers are located and/or use servers in countries outside the EU and the EEA for which the European Commission has established by decision an adequate level of data protection.
Our service providers are located and/or use servers in countries outside the EU and the EEA. For these countries there is no adequacy decision by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission.
Google Analytics
For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. If you visit our website from the EU, your IP address will be stored on a server located in the EU to derive location data and then deleted immediately before the traffic is forwarded to further Google servers for processing. The data processing is carried out on the basis of an order processing agreement by Google.
Google Maps
For the visual representation of geographical information, Google Maps collects data on your use of the Maps functions, in particular the IP address and location data, and transmits this data to Google and then processes it by Google. We have no influence on this subsequent data processing.
Google reCAPTCHA
For the purpose of protection against misuse of our web forms as well as against spam by automated software (so-called bots), Google reCAPTCHA collects data (IP address, time of visit, browser information as well as information on your use of our website) and performs an analysis of your use of our website by means of a so-called JavaScript and cookies. In addition, other cookies stored in your browser by Google services are evaluated. Personal data is not read out or stored from the input fields of the respective form.
Google Tag Manager
By means of the Google Tag Manager, we can manage various codes and services on our website. When implementing the individual tags, Google may also process personal data (e.g. IP address, online identifiers (including cookies)). The data processing is carried out on the basis of an order processing agreement by Google.
By using the Google Tag Manager, a simplified integration of various services/technologies can be achieved.
If you do not wish to use individual tracking services and have therefore deactivated them, the deactivation remains in place for all affected tracking tags that are integrated by the Google Tag Manager.
YouTube Video Plugin
In order to integrate third party content, data (IP address, time of visit, device and browser information) are collected via the YouTube Video Plugin in the expanded data protection mode used by us, transmitted to Google and then processed by Google only when you play a video.
7.2 Use of Microsoft services
We use the technologies of Microsoft Ireland Operations Ltd., One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland (hereafter "Microsoft"). The data processing is carried out on the basis of an agreement between jointly responsible parties in accordance with Art. 26 GDPR. The information automatically collected by Microsoft technologies about your use of our website is usually transferred to a server of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA and stored there. For more information about Microsoft's data processing practices, please see Microsoft's privacy policy.
Our service providers are located and/or use servers in countries outside the EU and the EEA for which the European Commission has established by decision an adequate level of data protection.
Our service providers are located and/or use servers in countries outside the EU and the EEA. For these countries there is no adequacy decision by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission.
For website analytics and event tracking purposes, we use Microsoft Advertising Universal Event Tracking (UET) to measure your subsequent usage behavior when you arrive on our website via a Microsoft Advertising ad, from which usage profiles are generated using pseudonyms. For this purpose, cookies may be used and data (IP address, time of visit, device and browser information as well as information on your use of our website based on events specified by us, such as a visit to a website or newsletter registration) may be collected, from which user profiles are created using pseudonyms. As long as your Internet-enabled devices are linked to your Microsoft account and you have not disabled the "Interest-based Advertising" setting in your Microsoft account, Microsoft can generate reports on usage behavior (especially cross-device user numbers), even if you change your device, so-called "cross-device tracking". In this respect, we do not process personal data, we only receive statistics based on Microsoft UET.
7.3 Use of Facebook services
Facebook Ads (Ad manager)
We use Facebook Ads to promote this website on Facebook (by Meta) and other platforms. We determine the parameters of the respective advertising campaign. Facebook (by Meta) is responsible for the exact implementation, in particular the decision on the placement of the ads with individual users. Unless otherwise specified for the individual technologies, data processing is based on an arrangement between joint controllers in accordance with Art. 26 GDPR. The joint controllership is limited to the collection of data and its transmission to Meta Platforms Ireland. The subsequent data processing by Meta Platforms Ireland is not covered by this arrangement.
8. Integration of the Trusted Shops Trustbadge / other widgets
Trusted Shops widgets are integrated in this website to display Trusted Shops services (e.g. Trustmark, collected reviews) and to offer buyers Trusted Shops products after they have placed an order.
This serves to protect our legitimate interests in optimized marketing by enabling secure shopping in accordance with Art. 6 (1) (f) GDPR, which prevail in the context of a balancing of interests. The Trustbadge and the services advertised with it are an offer of Trusted Shops AG, Subbelrather Str. 15C, 50823 Cologne ("Trusted Shops"). We and Trusted Shops are joint controllers in data protection terms pursuant to Art. 26 GDPR. In the following section, we inform you about the essential contents of the joint controllership agreement according to Art. 26 (2) GDPR.
Within the framework of the joint responsibility existing between us and Trusted Shops AG, please preferably contact Trusted Shops using the contact options provided in the privacy policy, if you have any data protection questions and wish to assert your rights. Irrespective of this, however, you can always contact the person responsible of your choice. Your enquiry will then, if necessary, be passed on to the other person responsible for a response.
8.1 Data processing when integrating the Trustbadge/other widgets
The Trustbadge is provided by a US-American CDN provider (content delivery network). An adequate level of data protection is ensured by an adequacy decision of the EU Commission, which can be accessed here for the USA. Service providers from the USA are generally certified under the EU-U.S. Data Privacy Framework (DPF). Further information is available here. Where service providers are not certified under the DPF, standard contractual clauses have been concluded as a suitable guarantee.
When the Trustbadge is called up, the web server automatically saves a so-called server log file, which also contains your IP address, the date and time of the call-up, the amount of data transferred and the requesting provider (access data) and the call-up. Immediately after the data collection the IP address is anonymised so that the stored data cannot be assigned to you personally. The anonymised data are used in particular for statistical purposes and for error analysis.
8.2 Data processing after order completion
After the order has been completed, the trust badge accesses the order information (order total, order number, product purchased, if applicable) stored in your terminal equipment and your e-mail address. This is necessary in order to be able to offer you the Trusted Shops services and if applicabel, to automatically insure your order. For this purpose, your email address, which is hashed using a cryptological one-way function, is transmitted to Trusted Shops. The legal basis of this processing is Art. 6 (1) (f) GDPR.
This serves to verify whether you are already registered for services with Trusted Shops and is therefore necessary for the fulfilment of our and Trusted Shops' overriding legitimate interests in the provision of the buyer protection linked to the specific order in each case and the transactional evaluation services in accordance with Art. 6 (1) (f) GDPR. If this is the case, further processing will be carried out in accordance with the contractual agreement between you and Trusted Shops. If you have not yet registered for the services, you will subsequently be given the opportunity to do so for the first time. Further processing after registration also depends on the contractual agreement with Trusted Shops. If you do not register, all transmitted data will be automatically deleted by Trusted Shops and a personal reference is no longer possible.
Trusted Shops uses service providers in the areas of hosting, monitoring and logging. The legal basis is Art. 6 (1) (f) GDPR for the purpose of ensuring trouble-free operation. Processing may take place in third countries (USA and Israel). An adequate level of data protection is ensured in each case by an adequacy decision of the EU Commission, which can be accessed here for the USA and here for Israel. Service providers from the USA are generally certified under the EU-U.S. Data Privacy Framework (DPF). Further information is available here. Where service providers are not certified under the DPF, standard contractual clauses have been concluded as a suitable guarantee.
9. Social Media
9.1 Social Plugins by Facebook (by Meta), Twitter, Instagram (by Meta)
Social buttons by social networks are used on our website. These are only integrated into the page as HTML links, so that no connection to the servers of the respective provider is established when our website is accessed. If you click on one of the buttons, the website of the respective social network will open in a new window of your browser. There you can click e.g. the Like or Share button.
9.2 Our online presence on Facebook (by Meta), Youtube, Instagram (by Meta)
If you have given your consent to the respective social media provider in accordance with Art. 6 (1) (a) GDPR, when you visit our online presence on the social media mentioned above, your data will be automatically collected and stored for market research and advertising purposes, from which user profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are usually used for this purpose. For detailed information on the processing and use of data by the respective social media provider, as well as a contact option and your rights and settings options for the protection of your privacy, please refer to the provider's privacy policies linked below. Should you still require assistance in this regard, please contact us.
Facebook (by Meta) is provided by Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland (hereafter "Meta Platforms Ireland ") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is usually transferred to a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. Data processing in the context of a visit to a Facebook (by Meta) fan page is based on an agreement between joint controllers in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.
Our service providers are located and/or use servers in the following countries, for which the European Commission has established an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.
The adequacy decision for the USA applies as the basis for third country transfers, provided that the respective service provider is certified. Certification is available.
Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico.
There is no adequacy decision for these countries by the European Commission. Our cooperation with them is based on these safeguards: Standard data protection clauses of the European Commission.
Instagram (by Meta) is provided by Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland (hereafter "Meta Platforms Ireland ") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is typically transferred to and stored on a server at Meta Platforms Inc., 1601 Willow Road, Menlo Park, California 94025, USA. Data processing in the context of a visit to an Instagram (by Meta) fan page is based on an agreement between joint controllers in accordance with art. 26 DSGVO. Further information (information on Insights data) can be found here.
Our service providers are located and/or use servers in the following countries, for which the European Commission has established an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina:
The adequacy decision for the USA applies as the basis for third country transfers, provided that the respective service provider is certified. Certification is available.
Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico:
There is no adequacy decision for these countries by the European Commission. Our cooperation with them is based on these safeguards: Standard data protection clauses of the European Commission.
YouTube is provided by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (hereafter "Google"). The information automatically collected by Google about your use of our online presence on YouTube is generally transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there.
Our service providers are located and/or use servers in countries outside the EU and the EEA for which the European Commission has established by decision an adequate level of data protection.
Our service providers are located and/or use servers in countries outside the EU and the EEA. For these countries there is no adequacy decision by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission.
10. Contact options and your rights
10.1 Your rights
Being the data subject, you have the following rights according to:
- art. 15 GDPR, the right to obtain information about your personal data which we process, within the scope described therein;
- art. 16 GDPR, the right to immediately demand rectification of incorrect or completion of your personal data stored by us;
- art. 17 GDPR, the right to request erasure of your personal data stored with us, unless further processing is required
- to exercise the right of freedom of expression and information;
- for compliance with a legal obligation;
- for reasons of public interest or
- for establishing, exercising or defending legal claims;
- art. 18 GDPR, the right to request restriction of processing of your personal data, insofar as
- the accuracy of the data is contested by you;
- the processing is unlawful, but you refuse their erasure;
- we no longer need the data, but you need it to establish, exercise or defend legal claims, or
- you have lodged an objection to the processing in accordance with art. 21 GDPR;
- art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller;
- art. 77 GDPR, the right to complain to a supervisory authority . As a rule, you can contact the supervisory authority at your habitual place of residence or workplace or at our company headquarters.
Right to object After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes. |
10.2 Contact options
If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, restrict or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact us directly using the contact data provided in our supplier identification.
Datenschutzerklärung erstellt mit dem Trusted Shops Rechtstexter