PRIVACY POLICIES

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected to it, as well as external online presences, e.g. our social media profile (hereinafter collectively referred to as "online offer"). With regard to the terminology used, e.g. "Processing" or "responsible person", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible

Types of data processing:

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

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

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

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

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

Categories of subjects

Visitors and users of the online offer (in the following we refer to the data subjects collectively as "users").

Purpose of processing

        • Providing the online offer, its functions and content.

        • Answering contact inquiries and communicating with users.

        • Safety measures.

        • Range measurement / marketing

Terms used

"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); An identifiable person is a natural person who 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.

 

"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 covers practically every handling of data.

"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person. .

"Profiling" means any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or change of location of this natural person.

The "person 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.

"Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. Unless the legal basis is mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Safety measures

In accordance with Art. 32 GDPR, we take into account suitable technical considerations, 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 and severity of the risk to the rights and freedoms of natural persons and organizational measures 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 access to the data, as well as the access, input, transfer, securing availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we 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 data protection-friendly default settings (Art. 25 GDPR).

Cooperation with processors and third parties

If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Para. 1 b GDPR for the fulfillment of the contract), you have consented, a legal obligation provides for this or based on our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is carried out to fulfill our (pre) contractual obligations, based on your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. I.e. the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of data subjects
You have the right to request confirmation as to whether the data in question are being processed and for information about this data and for further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with Art.

You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to request their transmission to other responsible parties.

You have also gem. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.

 

Right of withdrawal

You have the right to give consent in accordance with Revoke Art. 7 Para. 3 GDPR with effect for the future

 

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

Cookies and right to object to direct mail

"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie e.g. the content of a shopping cart in an online shop or a login status can be saved. "Permanent" or "persistent" are cookies that remain stored even after the browser is closed. For example, the login status is saved if the users visit it after several days. Such a cookie can also be used to store the interests of users who are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, we speak of "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be found on a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ be explained. Furthermore, cookies can be saved by switching them off in the browser settings. Please note that not all functions of this online offer can then be used.

 

Deletion of data

The data processed by us is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal storage obligations to prevent deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data will be blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax law reasons.

According to legal requirements in Germany, the storage is carried out in particular for 10 years in accordance with §§ 147 Paragraph 1 AO, 257 Paragraph 1 No. 1 and 4, Paragraph 4 HGB (books, records, management reports, booking vouchers, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, storage is carried out especially for 7 years according to Section 132 (1) BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income

s and expenses, etc.), for 22 years in connection with land and for 10 years in documents in connection with electronically provided services, telecommunications, radio and television services, which are provided to non-entrepreneurs in EU member states and for which the Mini -One-stop shop (MOSS) is used.

 

Business related processing

We also process

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

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

          • from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Order processing in the online shop and customer account

We process our customers' data as part of the ordering processes in our online shop to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

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

Processing takes place on the basis of Art. 6 Para. 1 lit. b (Execution of order processes) and c (Archiving required by law) GDPR. The information marked as required is required to justify and fulfill the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permits and obligations towards legal advisers and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account, in particular by viewing their orders. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention for commercial or tax law reasons in accordance with Art. 6 Para. 1 lit. c GDPR necessary. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data if the termination is successful before the end of the contract.

As part of the registration and renewed registration and use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user's protection against misuse and other unauthorized use. This data is not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c GDPR.

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

External payment service providers

We use external payment service providers through whose platforms the users and we can make payment transactions (e.g., each with a link to the data protection declaration, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de /datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

In the context of fulfilling contracts, we use the payment service providers on the basis of Art. 6 Para. 1 lit. b. GDPR. For the rest, we use external payment service providers based on our legitimate interests in accordance with Art. 6 para. 1 lit. b. GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as the name and address, bank details, such as Account numbers or credit card numbers, passwords, TANs and checksums as well as the contract, sums and recipient-related information. The information is required to complete the transactions. However, the data entered will only be processed and saved by the payment service providers. I.e. we do not receive any account or credit card-related information, only information with confirmation or negative information about the payment. The data may be transmitted by the payment service provider to credit agencies. The purpose of this transmission is to verify identity and creditworthiness. For this we refer to the terms and conditions and data protection notices of the payment service providers.

The terms and conditions and the data protection notices of the respective payment service providers apply to the payment transactions, which can be called up within the respective websites or transaction applications. We also refer to these for further information and assertion of cancellation, information and other data subject rights.

Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our company, financial accounting and compliance with legal obligations, such as archiving. We process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.

We disclose or transmit data to the financial administration, consultants such as tax advisors or auditors as well as other fee agencies and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for later contact. We generally store this mostly company-related data permanently.

Business analysis and market research
In order to operate our business economically, to be able to recognize market trends, wishes of the contractual partners and users, we analyze the data available to us regarding business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art 6 para. 1 lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyzes are carried out for the purpose of business evaluations, marketing and market research. We can provide the profiles of registered users with information, e.g. regarding their services used. The analyzes help us to increase user-friendliness, optimize our offer and business efficiency. The analyzes serve us alone and are not disclosed externally unless they are anonymous analyzes with summarized values.

If these analyzes or profiles are personal, they will be deleted or anonymized upon termination of the user, otherwise after two years from the conclusion of the contract. In addition, the overall business analyzes and general trend determinations are created anonymously if possible.

Contact

When contacting us (e.g. via contact form, email, phone or via social media), the information provided by the user for processing the contact request and processing it in accordance with. Art. 6 para. 1 lit. b) GDPR processed. The information provided by the users can be stored in a customer relationship management system ("CRM system") or a comparable request organization.

We delete the requests if they are no longer necessary. We check the necessity every two years; The statutory archiving obligations also apply.

Newsletter

With the following information we inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedure as well as your right to object. By subscribing to our newsletter, you agree to the receipt and the procedures described.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Insofar as the content of a newsletter is specifically described, it is decisive for the consent of the user. Our newsletters also contain information about our services and us.

Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. I.e. After registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that nobody 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 storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name in order to address it personally in the newsletter.

The newsletter is sent and the success measurement associated with it is based on the consent of the recipient in accordance with Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with. Art. 6 para. 1 according to f. GDPR in conjunction Section 7 (3) UWG.

The logging of the registration process is based on our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove consent.

Cancellation / Revocation - You can cancel the receipt of our newsletter at any time, i.e. Withdraw your consent. You will find a link to cancel the newsletter at the end of each newsletter. Based on our legitimate interests, we can save the e-mail addresses that have been removed for up to three years 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 cancellation is possible at any time, provided that the previous consent is confirmed.

Newsletter - Mailchimp

        • The newsletter is sent using the mail service provider "MailChimp", a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here:

        • https://mailchimp.com/legal/privacy/

        • . The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection level (

        • https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active

        • ). The shipping service provider is based on our legitimate interests. Art. 6 para. 1 lit. f GDPR and an order processing contract in accordance with 28 para. 3 sentence 1 GDPR.

        • The shipping service provider can process the recipient's data in pseudonymous form, i.e. use without assignment to a user, to optimize or improve their own services, e.g. use for technical optimization of the dispatch and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass the data on to third parties.

Newsletter - Success measurement

The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, from their server. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, are initially collected.

This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on their access locations (which can be determined using the IP address) or the access times. The statistical surveys also include 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. The evaluations serve us much more 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.

Hosting and E-mailing

The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services that we use for the purpose of operating this online offer.

We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer based on our legitimate interests in the efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction Art. 28 GDPR (conclusion of an order processing contract).

Collection of access data and log files

We, or our hosting provider, based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR data about every access to the server on which this service is located (so-called server log files). The access data include the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .

For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus integrate e.g. Google Analytics and other Google marketing services in our online offer). The Tag Manager itself (which implements the tags) does not process any personal data of the users. With regard to the processing of users' personal data, reference is made to the following information about Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC ("Google"), based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) (f) GDPR). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. Pseudonymous user profiles of users can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transferred to a Google server in the USA and abbreviated there in exceptional cases.

The IP address transmitted by the user's browser is not merged with other Google data. The users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http: // tools .google.com / dlpage / gaoptout? hl = de.

Further information on the use of data by Google, setting and objection options can be found in Google's data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https: // adssettings.google.com/authenticated).

The personal data of the users will be deleted or anonymized after 14 months.

Facebook pixels, custom audiences and Facebook conversion
Our online offer includes the so-called "Facebook pixel" of the social network Facebook, which is provided by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, due to our legitimate interests in analysis, optimization and economic operation of our online offer and for these purposes , USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland is operated ("Facebook").

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

With the help of the Facebook pixel, Facebook is able, on the one hand, 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 we have placed to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited Websites) that we transmit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we would also like to ensure that our Facebook ads correspond to the potential interest of the users and do not have a nuisance. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook advertisements for statistical and market research purposes by seeing whether users were forwarded to our website after clicking on a Facebook advertisement (so-called "conversion").

The processing of the data by Facebook takes place within the framework of Facebook's data usage guidelines. Accordingly, general information on the display of Facebook ads in the data usage guidelines of Facebook: https://www.facebook.com/policy.php. Special information and details about the Facebook pixel and how it works can be found in the help section of Facebook: https://www.facebook.com/business/help/651294705016616.

You can object to the recording by the Facebook pixel and the use of your data to display Facebook ads. To set which types of advertisements are displayed to you within Facebook, you can go to the page set up by Facebook and there follow the instructions on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

You can also use the cookies used for range measurement and advertising purposes on the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) the European website (http://www.youronlinechoices.com/uk/your- ad-choices /) contradict.

Online presence in social media

We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to be able to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process the data of users provided that they communicate with us within social networks and platforms, e.g. Write articles on our online presence or send us messages.

BOOMBEE B.V. is an independant reseller of Markus Rothkranz Products and is not connected to the Markus Rothkranz US Company.

CONTACT

BOOMBEE B.V.

Celsiusstraat 32

1704RW Heerhugowaard

Netherlands

Company Registration Number: 63931354

VAT Number: NL855457971B01

OUR SERVICES
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BOOMBEE B.V. 2015 - 2020

THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.