Data protection

Privacy Policy nuena.de

We appreciate your visit to our website. Since the protection of your personal data is particularly important to us, we will provide you with comprehensive information below about the data processing that takes place in connection with our website https://www.nuena.de.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that data protection regulations are observed both by us and by our external service providers.

1. Definitions

The legislator requires that personal data be processed in a lawful manner, in good faith and in a manner that is comprehensible for the data subject (“lawfulness, processing in good faith, transparency”). In order to ensure this, we will first inform you in this section about the individual legal definitions that are also used in this data protection declaration:

1.1 Personal Data

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of that natural person.

1.2 Processing

"Processing" is any process carried out, with or without the help of automated processes, or any such series of processes in connection with personal data, such as collection, recording, organization, ordering, storage, adaptation or modification, reading, querying , use, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction.

 

1.3 Restriction of Processing

"Restriction of processing" is the marking of stored personal data with the aim of restricting their future processing.

1.4 Profiling

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

1.5 Pseudonymization

"Pseudonymization" is 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 stored 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.

1.6 File System

"File system" is any structured collection of personal data that is accessible according to certain criteria, regardless of whether this collection is centralized, decentralized or organized according to functional or geographical aspects.

1.7 Controller

"Responsible" is a natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data; if the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States.

1.8 Processors

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

 

1.9 Recipients

"Recipient" is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients; the processing of this data by the said authorities is carried out in accordance with the applicable data protection regulations in accordance with the purposes of the processing.

1.10 Third Party

"Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data.

1.11 Consent

"Consent" by the data subject is any voluntarily given, informed and unequivocal expression of will in the form of a declaration or other unequivocal confirmatory action with which the data subject makes it clear that the processing of data concerning them is to be carried out agrees to personal data.

2. Lawfulness of Processing

The processing of personal data is only lawful if there is a legal basis for the processing. According to Art. 6 Para. 1 S. 1 Letter a) to f) DSGVO, the legal basis for the processing can be in particular:

  1. a) The data subject has given their consent to the processing of their personal data for one or more specific purposes;

  2. b) the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures at the request of the data subject;

  3. c) processing is necessary for compliance with a legal obligation to which the controller is subject;

  4. d) processing is necessary to protect vital interests of the data subject or another natural person;

  5. e) the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been delegated to the controller;

  6. f) the processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and

 

Fundamental freedoms of the data subject that require the protection of personal data prevail, especially when the data subject is a child.

3. Purely informational use of our website

In this section we inform you which data we process if you use our website purely for information, ie if you do not actively transmit data to us when visiting our website.

3.1 Log Files

When you look at our website, we collect the following data in so-called log files, which are technically necessary for us to be able to display our website to you and to guarantee stability and security:

▪ IP address
▪ Date and time of the request
▪ Time zone difference to Greenwich Mean Time (GMT) ▪ Content of the request (specific page)
▪ Access Status/HTTP Status Code
▪ amount of data transferred in each case
▪ Website from which the request comes
▪ Browsers
▪ Operating system and its interface
▪ Language and version of the browser software

We are entitled to collect and store this data in accordance with Art. 6 Para. 1 Sentence 1 Letter f) GDPR, as we have a legitimate interest in the security and stability of our website. They will be automatically deleted after seven days at the latest, unless there is reasonable suspicion of unlawful action.

3.2 Cookies

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your end device and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.

3.2.1 Necessary cookies

On the one hand, we use cookies that are necessary to enable certain functions of our website, to make your visit here as pleasant as possible. These include in particular the so-called session cookies. These store a so-called

 

Session ID with which various requests from your browser can be assigned to the joint session. This allows your end device to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

According to Art. 6 Para. 1 Sentence 1 Letter f) EU-GDPR, we are entitled to use these cookies because we have a legitimate interest in the functionality and correct display of our website.

3.2.2 Website Analysis

We continue to use cookies to analyze the use of our website in order to be able to understand which parts of our website are used and how. This enables us to constantly improve our website and its functions and adapt them to changing user behavior. When you visit our website for the first time, we ask for your express consent that we may set cookies for analysis purposes. The legal basis for this data processing is therefore Art. 6 Para. 1 S. 1 Letter a) GDPR (consent of the data subject). No cookies will be set for analysis purposes without your express consent.

3.2.3 Cookie Preferences

Of course, you can also access our website without cookies. However, if you would like to use our website to its full extent or comfortably, you should accept cookies. Most web browsers are preset by default to accept cookies. However, you have the option of setting your browser so that cookies are displayed before they are saved, only certain cookies are accepted or rejected, or cookies are generally rejected. Please note that changes to settings only affect the respective browser. If you use different browsers or change the end device, you must make the settings again. In addition, you can delete cookies from your storage medium at any time. Information on cookie settings, changing them and deleting cookies can be found in the help section of your web browser.

4. Use of our web shop

If you would like to order in our web shop, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order. Mandatory information required for the processing of the contracts is marked separately, further information is voluntary. We process the data you provide to process your order. We can also pass on your payment details to our house bank.

The legal basis for this is Article 6 Paragraph 1 Sentence 1 Letter b) GDPR, according to which personal data may be processed to fulfill a contract.

 

4.1 Customer Account

You can voluntarily create a customer account through which we can save your data for future purchases. When you create an account under "My Account", the data you provide will be stored revocably.

4.2 Duration of Storage

You can have your account data deleted at any time by using the account deletion function in the customer area. However, due to commercial and tax regulations, we are obliged to store your address, payment and order data for a period of ten years. However, after two years we will restrict the processing, ie your data will then only be used to comply with legal obligations.

4.3 Payment Providers

We offer several payment methods for using our web shop and use different payment service providers. Depending on which payment method you choose, different data will be transmitted to the respective payment service provider. The legal basis for the transmission is also Art. 6 Para. 1 S. 1 Letter b) GDPR, as the payment data are required to process the contract with you.

4.3.1 Shopify Payments
We use the payment service provider

Shopify Payments
3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2.

If you decide on the payment methods, with the exception of PayPal, the payment will be processed by the technical service provider

Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock,
Dublin, Ireland,

to whom we pass on further information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number). The legal basis for the transmission of the data is Art. 6 Para. 1 S. 1 Letter b) GDPR (processing to fulfill a contract).

You can find more information about Shopify Payments' data protection at https://www.shopify.com/legal/privacy and for Stripe at https://stripe.com/de/privacy.

 

4.3.2 PayPal

If you choose the PayPal payment method, your personal data will be transmitted to PayPal. The prerequisite for using PayPal is opening a PayPal account. When using or opening a PayPal account, the name, address, telephone number and e-mail address, among other things, must be transmitted to PayPal. The legal basis for the transmission of the data is Art. 6 Para. 1 Letter a GDPR (consent) and Art. 6 Para. 1 Letter b GDPR (processing to fulfill a contract).

The PayPal payment service is operated by:

PayPal (Europe) S.à rl et Cie, SCA 22-24 Boulevard Royal
L-2449 Luxembourg
Email: impressum@paypal.com

With the PayPal payment option, you agree to the transmission of personal data such as name, address, telephone number and e-mail address to PayPal. Which other data is collected by PayPal can be found in PayPal's respective data protection declaration. This can be found at: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

4.3.3 Klarna

If you choose the Klarna payment method, your personal data will be transmitted to the operator of Klarna. The legal basis for the transmission of the data is Art. 6 Para. 1 Letter a GDPR (consent) and Art. 6 Para. 1 Letter b GDPR (processing to fulfill a contract).

The operator of the Klarna payment service is:

Klarna Bank AB (publ) Sveavägen 46
111 34 Stockholm Sweden

Klarna collects the following data:

  • ▪ Name, date of birth, title, billing and shipping address, email address, mobile phone number

  • ▪ Information about ordered products

  • ▪ Details of income, credit obligations and payment notes

  • ▪ Location-related information

  • ▪ IP address

    You can find detailed information on the data protection provisions of Klarna Bank AB (publ) at https://www.klarna.com/de/datenschutz/

 

4.3.4 iDEAL

If you decide to use the iDEAL payment method, your personal data will be transmitted to the operator of iDEAL. The legal basis for the transmission of the data is Art. 6 Para. 1 Letter a GDPR (consent) and Art. 6 Para. 1 Letter b GDPR (processing to fulfill a contract).

The operator of the iDEAL payment service is:

iDEAL B.V

More information on data protection https://www.ideal.nl/en/disclaimer-privacy-statement/.

5. Newsletters

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If you wish to receive our newsletter, we will ask for your express consent that we may process your e-mail address and the other data provided. Your consent therefore forms the legal basis for this data processing in accordance with Art. 6 Para. 1 S. 1 Letter a) GDPR.

The only mandatory information for sending the newsletter is your e-mail address. Providing further, separately marked data is voluntary and is used to be able to address you personally. After your confirmation, we will save your e-mail address for the purpose of sending the newsletter.

We use the so-called double opt-in procedure to register for our newsletter. This means that after you have registered, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses you use and the times of registration and confirmation. The purpose of the procedure is to be able to prove your registration and, if necessary, to be able to clarify any possible misuse of your personal data.

You can revoke your consent to the sending of the newsletter at any time and thus unsubscribe from the newsletter. You can declare your revocation by clicking on the link provided in every newsletter e-mail or by sending an e-mail to shop@nuena.de.

6. General Enquiries

If you contact us by post, e-mail, contact form, telephone or fax, your request, including all personal data resulting from it, will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent. This data is processed on the basis of Art. 6 Para. 1 Sentence 1 Letter b) GDPR if your request is related to the fulfillment of a contract concluded with us or is necessary to carry out pre-contractual measures. Otherwise, the processing is based on Art. 6 Para. 1 Sentence 1 Letter f) GDPR,

 

because we have a legitimate interest in the effective processing of inquiries addressed to us. In addition, we may also be entitled to process the data mentioned under Article 6 Paragraph 1 Clause 1 Letter c) GDPR, since we are legally obliged to enable rapid electronic contact and direct communication with us.

Of course, your data will only be used strictly earmarked for processing and answering your request and will be deleted after final processing, provided that there are no legal storage obligations for us.

7. Processors

In principle, we will of course not pass on your data to third parties without your express consent. However, like any modern company, we work with processors to be able to offer you an uninterrupted and best possible service.

If we work together with external service providers, order processing takes place on the basis of Art. 28 DSGVO. To this end, we conclude appropriate agreements with our partners to ensure the protection of your data. When processing your data, we only use carefully selected processors. These are bound by our instructions and are regularly checked by us. We only commission external service providers who have ensured that all data processing operations are carried out in accordance with data protection regulations.

The following types of processors may receive personal data:

  • - Provider of online shop software

  • - Providers of software for sending newsletters

  • - Payment provider -...

    8. Integration of Google Maps

    On this website we use the offer of Google Maps. This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function.

    If you accept the corresponding cookie or consent to the loading of Google Maps, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data collected when you visit our website will be transmitted. This takes place regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising purposes,

 

market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider's data protection declaration. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy.

If personal data is transferred to the USA on the basis of your consent, we draw your attention to the following:

The European Court of Justice (ECJ) has declared the EU-US Privacy Shield Agreement invalid and has thus classified the USA as an unsafe third country for which there is no adequacy decision, no suitable guarantees and no effective legal remedies to enforce your rights in relation to your personal data exists.

The USA does not offer an equivalent level of data protection compared to the EU. There are therefore certain risks involved in the transmission of personal data to the USA when using cookies.

In particular, it cannot be ruled out that state (surveillance) authorities in the USA will access and process your personal data even without the possibility of legal remedies. Most US-based companies are subject to the Foreign Surveillance Act (“FISA”). Under Section 702 of this law, US intelligence agencies can access the data of foreign users. This can result in significant disadvantages for you.

With your consent, you expressly agree to the transfer of your personal data to the USA in accordance with Article 49 (1) sentence 1 lit. a) GDPR and confirm that you are aware of the associated risks.

9. Social Media Links

We are currently setting various links to various social media platforms such as Facebook, Instagram and Pinterest. These are not social media plugins, just links. If you click on one of the links, you will be taken to the respective provider of the website and your IP address will be transmitted. If you are logged in to the respective social media account at the same time, additional data may be recorded by the respective provider.

 

10. Children & Youth

Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or guardians.

11. Duty to Provide and Profiling

There is no legal obligation to provide us with personal data. Automated decision-making within the meaning of Art. 22 EU-DSGVO does not take place.

12. Your Rights

In this section we inform you about the rights you have in relation to your personal data.

12.1 Withdrawal of Consent

If the processing of the personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.

12.2 Right to Confirmation

You have the right to request confirmation from the person responsible as to whether we are processing personal data relating to you. You can request confirmation at any time using the above contact details.

12.3 Right to Information

If personal data is processed, you can request information about this personal data and the following information at any time:

  1. a) the processing purposes;

  2. b) the categories of personal data being processed;

  3. c) the recipients or categories of recipients to whom the

    personal data has been or will be disclosed, in particular to recipients in third countries or international organizations;

  4. d) if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria used to determine that period;

  5. e) the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the

    controller or a right to object to this processing;

 

  1. f) the existence of a right of appeal to a supervisory authority;

  2. g) if the personal data are not collected from the data subject,

    all available information about the origin of the data;

  3. h) the existence of automated decision-making including profiling

    in accordance with Art. 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.

If personal data is transmitted to a third country or to an international organization, you have the right to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission. We provide a copy of the personal data that is the subject of the processing. For any additional copies that you request, we may charge a reasonable fee based on administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated. The right to receive a copy pursuant to paragraph 3 shall not affect the rights and freedoms of other persons.

12.4 Right to Rectification

You have the right to demand that we correct any incorrect personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

12.5 Right to Erasure (“Right to be Forgotten”)

You have the right to request that the person responsible delete personal data concerning you immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:

  1. a) The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

  2. b) The data subject revokes their consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.

  3. c) The data subject objects to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Art. 21 (2) GDPR.

  4. d) The personal data have been processed unlawfully.

  5. e) The erasure of the personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States,

    to which the person responsible is subject.

 

f) The personal data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If the person responsible has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to ensure that those responsible for data processing who process the personal data to inform that a data subject has requested them to delete all links to this personal data or copies or replications of this personal data.

The right to erasure ("right to be forgotten") does not exist if the processing is necessary:

  • ▪ to exercise the right to freedom of expression and information;

  • ▪ to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in exercise

    public authority delegated to the controller;

  • ▪ for reasons of public interest in the area of ​​public health

    Art. 9 para. 2 letters h and i as well as Art. 9 para. 3 GDPR;

  • ▪ for archival purposes in the public interest, scientific or historical

    Research purposes or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, insofar as the right referred to in Para. 1 is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or

  • ▪ to assert, exercise or defend legal claims.

  • 12.6 Right to restriction of processing

    You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:

  • ▪ the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data,

  • ▪ the processing is unlawful and the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted;

  • ▪ the person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or

  • ▪ the data subject has lodged an objection to the processing pursuant to Art. 21 Para. 1 GDPR, as long as it is not certain whether the legitimate reasons of the person responsible outweigh those of the data subject.

If the processing has been restricted in accordance with the above conditions, this personal data - apart from its storage - will only be used with the consent of the person concerned or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons an important public interest of the Union or a Member State.

12.7 Right to data portability

You have the right to receive the personal data that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer this data to another person responsible without hindrance by the person responsible for providing the personal data were to be transmitted, provided that:

  1. a) the processing is based on consent pursuant to Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a or on a contract pursuant to Article 6 Paragraph 1 Letter b GDPR and

  2. b) the processing is carried out using automated procedures.

When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been assigned to the person responsible.

12.8 Right to Object

In accordance with Art. 21 GDPR, you have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Art. 6 Para. 1 e) or f) GDPR; this also applies to profiling based on these provisions. The person responsible no longer processes the personal data unless he can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. Object to processing for the purposes of

 

Direct mail, the personal data will no longer be processed for these purposes.

In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you can exercise your right to object by means of automated procedures using technical specifications.

You have the right, for reasons arising from your particular situation, to object to the processing of your personal data for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1, unless because the processing is necessary to fulfill a task in the public interest.

12.9 Right to lodge a complaint with a supervisory authority

You also have, without prejudice to any other administrative or judicial remedy, the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement, if the data subject believes that the processing of data concerning them personal data violates this regulation.

13. Responsible & Contact

Responsible for data protection:

P-SEVEN Trading GmbH
Marschnerstr. 23
22081 Hamburg

Email: shop@nuena.de

14. Changes

Due to the rapid development of the Internet and data protection law, we expressly reserve the right to make changes to this data protection declaration.