Data protection

I. General section of the data protection declaration

1. Scope of the data protection declaration

This data protection declaration is intended to inform the user about the type, scope and purposes of the collection and use of personal data for the website www.acolada.de, including the online shop it contains.

2. Principles and terms

Personal data is processed within the framework of the website in conformity with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). This data protection declaration informs users about the collection and processing of personal data.

Customer is the legal or natural person that concludes a contract with Acolada concerning the performance of deliveries or services.
User is each natural person that uses the website www.acolada.de including the online shop it contains.

Otherwise, the definitions as per Article 4 of the GDPR apply to this data protection declaration.

3. Name and contact details

Acolada GmbH
Hans Anschütz
Wallensteinstraße 61-63
90431 Nuremberg, Germany
Telephone: +49 911 3766 75 – 23
E-mail: h.anschuetz@acolada.de

4. Rights of data subjects

The data subject has the following rights:

  • Right of access to the personal data concerned (Article 15 of the GDPR):
  • Right to rectification (Article 16 of the GDPR).
  • Right to erasure (Article 17 of the GDPR).
  • Right to restriction of processing (Article 18 of the GDPR).
  • Right to object to the processing, if the data processing is carried out based on Article 6(1)(e) or (f) of the GDPR (Article 21 of the GDPR); please also see the information on the right to object in accordance with Article 21 of the GDPR under section III.
  • Right to data portability (Article 20 of the GDPR).
  • Right to withdraw consent that has been granted at any time without affecting the legality of the processing based on the consent which has taken place up to the point of revocation, if the data processing uses consent as a basis in accordance with Article 6(1)(a) or Article 9(2)(a) of the GDPR.
  • Right to lodge a complaint with a supervisory authority (Article 77 of the GDPR). The responsible supervisory authority for Acolada is the Data Protection Authority of Bavaria for the Private Sector, Promenade 27, 91522 Ansbach, Germany, Telephone: +49 (0) 981 53 1300, Fax: +49 (0) 981 53 98 1300, E-mail: poststelle@lda.bayern.de.

Relevant questions for Acolada are to be sent via e-mail to:

info@acolada.de

5. Protection of personal data

Acolada takes technical and organisational measures as per the requirements of Art. 32 of the GDPR in order to protect the user's personal data. All employees at Acolada that deal with the processing of personal data are committed to maintaining data secrecy. The user's personal data is always encrypted when transmitted to the website through HTTPS.

6. Change to the data protection declaration

From time to time it is necessary to modify or change the content of this data protection declaration. Acolada therefore reserves the right to change this data protection declaration and will provide the changed data protection declaration on the website and inform persons affected about the changed data protection declaration in advance if Acolada intends to further process the personal data for another purpose.

7. Data protection officer

All customers, interested parties and visitors to our Internet page can contact us concerning data protection questions at:

info@acolada.de

You can contact our data protection officer as follows:

Mr Joachim Schill

Wallensteinstraße 61-63

90431 Nuremberg, Germany

Tel.: + 49 (0)911 3766 75 20

Fax: + 49 (0)911 3766 75 29

E-mail: j.schill@acolada.de

II. Special section of the data protection declaration for the Acolada online shop

8. Purposes and legal bases for the processing of personal data when using the website for information purposes

8.1. Information transmitted through the browser

During a visit to the website that is carried out for information purposes only, the user's browser automatically sends information to Acolada's server; this information is temporarily stored there in a "log file". In connection with this, Acolada collects and processes the following information and personal data in particular:

  • Data and time of retrieval of the website
  • Time zone difference to Greenwich Mean Time (GMT)
  • Browser type and the browser settings
  • Language and version of the browser software
  • Operating system used
  • Content of the request (specific page)
  • The page last visited by the user
  • The data quantity transferred
  • Access status/HTTP status code
  • IP address.

This information and personal data is required for the purpose of delivering the content of the website correctly and optimising it, as well as optimising advertising for the website, ensuring network and information security and protecting the website against attacks, failures and damage.

The personal data and information collected based on this is used statistically by Acolada and evaluated for the purpose of increasing data protection and data security in order to ensure a level of protection that is appropriate to the risk for the personal data processed by Acolada. The personal data collected when retrieving the website, in particular the user's IP address, will be deleted a maximum of one year after it was collected, unless a user attack or threat is identified.

Insofar as Acolada collects and processes the user's personal data, in particular the user's IP address, when the user is retrieving and visiting the website, the legal basis for this is Article 6(1)(f) of the GDPR, since this processing is required to safeguard the legitimate interests of Acolada. Acolada hereby pursues the legitimate interests of increasing data protection and data security in order to ensure a level of protection that is appropriate to the risk for the personal data it is processing, in order to ensure network and information security and to optimise the website and protect it against attacks, failures and damage.

8.2 Use of cookies

(1) Cookies are used in connection with the use of this website. Cookies are used for the purpose of personalising the website for the user's visit and making the website easier to use. Cookies are small text files that the website transmits to the cookie file of the Internet browser on the user's device. They are stored there for the event that the website is retrieved again, meaning that the user is recognised when they visit the website again. A cookie typically includes the name of the domain from which the cookie originates, the "lifetime" of the cookie and a unique identifier.

(2) The following types of cookies are used on the website:

  • Session cookies: These are temporarily set cookies that remain in the browser's cookie file until the user leaves the website. Session cookies are necessary, in particular to ensure that the user can use the website and, if necessary, can register, login and place orders on the website. Session cookies are deleted when the browser session is ended.
  • Persistent cookies: These are stored for longer in the browser's cookie file. The time that they are stored depends on the lifetime of the specific cookie. It may be unlimited or extend until deletion. Persistent cookies allow the website to remember the settings made by the user and data entered by them (e.g. user's registration data, the language they have selected or the region in which they are located).

(3) If the user does not wish to accept cookies, they can decline them and object to access to previously stored information by making the relevant settings in their Internet browser. The settings in the browser that permit the user to do this are different from browser to browser. You can generally find them under the data protection or cookies section of the Internet options or settings menu of the browser. If the user requires help to deactivate or delete cookies, they can refer to the help menu in the browser. Information on managing and deleting cookies and a relevant manual on this for the common browsers can be accessed at the website www.meine-cookies.org, for example. However, it should be noted that it is possible that not all interactive features and functions of the website can be used if cookies are blocked or deleted.
If Acolada uses cookies when the user retrieves and visits the website and, through this, collects and processes the user's personal data, the legal basis for this is Article 6(1)(1)(f) of the GDPR, since this processing is required to safeguard the legitimate interests of Acolada. Acolada hereby pursues the legitimate interests of personalising the website for the user's visit and making the website easier to use.

9. Purposes and legal bases for the processing of personal data when using the Acolada online shop

In additional to the information provided above under section I (General section of the data protection declaration), the following specific information applies to using the online shop from Acolada:
(1) The user can make purchases by specifying their personal data on the website. The personal data that the user transmits to Acolada here is obtained from the relevant form on the website intended for the processing of the purchasing process. The personal data transmitted to Acolada in this process is collected and stored for the purpose of processing an order made in this manner.
Only the mandatory information is required in order for the order to be successful. All other information is voluntary information. Acolada welcomes voluntary information, but it is not required.
Mandatory information concerning the customer includes:

  • First name
  • Last name
  • Street
  • House number
  • Post code
  • Town/city
  • Country
  • E-mail address
  • VAT number if necessary
  • Products ordered

Voluntary information includes:

  • Title (Mr/Ms)
  • Company
  • Telephone number

Purpose of the use of data on record is in order to meet contractual obligations and to enable the customer/user to be contacted, insofar as they wish this to occur or this is required as part of the contractual relationship or it is legally permitted.
Legal basis for the processing of this personal data is Article 6(1)(1)(b) of the GDPR, since the processing is required in order to fulfil the contract between Acolada and the customer or in order to perform pre-contractual measures that are carried out at the customer's request.

10. Recipient of personal data

(1) Only an authorised group of employees can access the collected data. In addition, access is limited to the data required in order to carry out the relevant task.
(2) Personal data may be disclosed to the following recipients:

  • 2be
  • Shopgate
  • WooCommerce
  • Google Analytics

No links will be established with third parties' databases in order to carry out "profiling".

11. Duration of storage and erasure of personal data

Acolada processes and stores the user's personal data for the duration of the business relationship established between the user and Acolada. This includes the initiation of a contract (pre-contractual legal relationship) and the processing of a contract.
Furthermore, Acolada processes and stores the personal data, insofar as this is required based on legal storage and documentation obligations. These types of obligations result from the German Commercial Code (Handelsgesetzbuch – HGB) and the The Fiscal Code of Germany (Abgabenordnung – AO). The retention and documentation periods specified there are up to ten years beyond the end of the business relationship or the pre-contractual legal relationship. Furthermore, other legal provisions may require a longer retention period, such as safeguarding of evidence in the course of the legal statute of limitations. In accordance with Section 195 et seqq. of the German Civil Code (Bürgerliches Gesetzbuch – BGB), the regular limitation period is three years; in certain cases, limitation periods of up to 30 years are also applicable.
If the data is no longer required in order to meet contractual or legal obligations and rights, it is deleted regularly, unless further processing of this data is required in order to fulfil purposes justified by an overriding legitimate interest of Acolada within the meaning of Article 6(1)(1)(f) of the GDPR. For example, an overriding legitimate interest of Acolada is present if erasure is not possible or is only possible with excessively high outlay due to the particular type of storage, and processing for other purposes is excluded through suitable technical and organisational measures.

12. Obligation of the user with regards to provision of personal data and possible consequences of non-provision

The customer is obligated to provide Acolada with personal data if they would like to conclude a contract concerning usage of Acolada products with Acolada. In the event that they do not provide this data, a purchase or usage contract cannot be concluded.

13. No automated decision-making

Acolada does not use automated decision-making, within the meaning of Article 22(1) of the GDPR, which has legal implications for the user or significantly affects them adversely in a similar manner.

14. Accessibility of the data protection declaration

This data protection declaration can be accessed and printed out from the website footer at www.acolada.de under the
heading > Data protection.

III. Right to object in accordance with Article 21 of the GDPR

15. Right to object based on the particular situation

You have the right to enter an objection to the processing of personal data relating to you at any time for reasons due to your particular situation on the basis of Article 6(1)(1)(e) (public security) or (f) (data processing on the basis of balancing interests) of the GDPR; this also applies to profiling based on these provisions. Acolada no longer processes personal data once the objection has been entered, unless it can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of the assertion, exercise or defence of legal claims.

16. Right to object in the event of direct advertising

If Acolada processes personal data from you in order to distribute direct advertising, you have the right to enter an objection to the processing of personal data relating to you for the purposes of this type of advertising at any time; this also applies to profiling insofar as it relates to this type of direct advertising. If you object to processing for the purposes of direct advertising, the personal data will no longer be processed for these purposes.

17. Addressee of the objection

Please send your objection to the following e-mail address:
info@acolada.de