This data protection declaration informs you about the nature, scope and purpose of the processing of personal data within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “Online Offer”). It refers exclusively to the offers of HW FOODS GmbH.
“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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Where reference is made below to “data”, this always means personal data.
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
“Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
“User” refers to the visitors and users of our online offer.
“GDPR” is the General Data Protection Regulation.
2. Person responsible
Company: HW FOODS GmbH
Commercial Register/No.: HRB 97498
Managing Director: Louis Weber
Telephone number: +49 6051 4900420
Email address: firstname.lastname@example.org
3. Types of data processed:
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
- Information about the browser type and version used;
- The user’s operating system;
- The user’s internet service provider;
- The user’s IP address;
- Date and time of access;
- Websites from which the user’s system accesses our website;
- Websites that are accessed by the user’s system via our website.
If a contract is concluded, we also collect and process the following inventory data:
Name (also first name and surname of contact persons), address, telephone and fax number, Email address.
4. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. a GDPR serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.
5. Security, order processing, transfer to other countries
5.1 Security measures
We take appropriate technical and organisational measures in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk; the measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input into, disclosure of, assurance of availability of and separation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects’ rights, deletion of data and response to data compromise. Furthermore, we already take into account the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
The security measures include in particular the encrypted transmission of data between your browser and our server.
5.2 Cooperation with external processors and third parties
Insofar as we disclose data to other persons and companies (external processors or third parties) in the course of our processing, transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.
For hosting, we use the company STRATO AG as an external processor.
5.3 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 in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. GDPR are met. This means, for example, that the processing is carried out on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
6. Rights of the data subjects
If personal data of yours is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:
6.1 Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us. If there is such processing, you may request information from the controller about the following:
- the purposes for which the personal data is processed;
- the categories of personal data which are processed;
- the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
- the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
- the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- any available information on the origin of the data, if the personal data is not collected from the data subject;
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and implications of the processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
6.2 Right to rectification
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is inaccurate or incomplete. The controller must make the rectification without undue delay.
6.3 Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
- if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims; or
- if you have objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the controller’s legitimate grounds override your grounds.
Where the processing of personal data relating to you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
6.4 Right to erasure
You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if one of the following reasons applies:
- The personal data concerning you is no longer necessary for the purposes for it was collected or otherwise processed.
- You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
- The personal data concerning you has been processed unlawfully.
- The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data concerning you has been collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.
The right to erasure does not exist insofar as the processing is necessary
- for the exercise of the right to freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with Article 9 (2) lit. h and i and Article 9 (3) of the GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
- to assert, exercise or defend legal claims.
6.5 Right to data portability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format.
6.6 Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
6.7 Right to revoke your declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
6.8 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority responsible for us is
State Commissioner for Data Protection and Freedom of Information Baden-Württemberg, P.O. Box 10 29 32, 70025 Stuttgart or Königstraße 10a, 70173 Stuttgart, telephone: +49 7 11/61 55 41-0, fax: + 49 7 11/61 55 41-15, e-mail: email@example.com
7. Deletion of data
The data processed by us will be deleted or its processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated otherwise in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. That is to say, the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law. According to legal requirements in Germany, data is stored in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data which must be stored additionally for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
E-mail enquiries and contacts via our website are deleted within a reasonable period of time, within which a contract or similar is no longer expected to be concluded. is to be expected.
8. Purpose of the data processing
- As far as the use of our website is concerned, we process personal data of our users only to the extent that this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out with the user’s consent except in cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.
- As far as the provision of contractual services is concerned, we process inventory data, contractual data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 Para. 1 lit GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
- In the context of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. This data is essentially not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR.
- We process usage data (e.g. the web pages visited on our online offer, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile in order, for example, to display product information to users based on the services they have used to date.
9. Contacting us and user accounts
When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 para. 1 lit. b) GDPR. The following data is collected: First name and surname, e-mail address, message.
10. Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Cookies” are small files that are stored on users’ computers. Various information can be stored within the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after his or her visit to 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 or her browser. The content of a shopping basket in an online shop or a login jam, for example, can be stored in such a cookie. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies; if we do so, this is done to safeguard our legitimate interests (Art. 6 (1) lit f GDPR).
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.
12. Google Fonts
We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data protection statement: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.