Data Protection Information
The following data protection information provides an overview of the collection and processing of your data.
With the following information we would like to give you an overview of the processing of your personal data by us and your rights under data protection law. Which data is processed in detail and how it is used depends largely on the requested or agreed services.
1. Who is responsible for data processing and who can I contact?
GARDINIA Home Decor GmbH
Neutrauchburger Straße 20
Phone: +49 7562 985-0
fax: +49 7562 985-100
You can reach our company data protection officer at:
GARDINIA Home Decor GmbH
Neutrauchburger Straße 20
Phone: +49 172 64 37 969
2. What sources and data do we use?
We process personal data which we receive from our customers/prospective customers within the scope of our business relationship. In addition, we process - to the extent necessary for the provision of our services - personal data that we permissibly obtain from publicly accessible sources (e.g. commercial register, Chamber of Commerce, Chamber of Crafts).
3. What do we process your data for (purpose of processing) and on what legal basis?
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG):
a) For the fulfilment of contractual obligations (Art. 6 para. 1 b GDPR)
The processing of data takes place for the initiation and execution of contracts within the framework of the execution of our contracts with our customers or for the execution of contractual measures, examination and processing of warranty claims which take place on request, or execution of deliveries and services.
The purposes of the data processing depend primarily on the concrete product (e.g. purchase of Home Decor articles or accessories of any kind) and can include among other things requirement analyses and consultation.
Further details regarding data processing purposes can be found in the relevant contractual documents and terms and conditions.
b) In the context of balancing interests (Art. 6 para. 1 f GDPR)
If necessary, we process your data beyond the actual fulfilment of the contract to protect the legitimate interests of us or third parties. Examples:
· Consultation and data exchange with credit agencies (e.g. SCHUFA) to determine creditworthiness and default risks,
· Review and optimisation of procedures for needs analysis in order to address customers directly,
· Advertising or market and opinion research, insofar as you have not objected to the use of your data,
· Assertion of legal claims and defence in legal disputes,
· Ensuring IT security and IT operations,
· Measures for business management and further development of services and products,
· Risk control within GARDINIA Home Decor GmbH.
c) On the basis of your consent (Art. 6 para. 1 a GDPR)
If you have given us permission to process personal data for certain purposes, the lawfulness of this processing is given on the basis of your consent. A given consent can be revoked at any time. This also applies to the revocation of declarations of consent given to us before the GDPR became applicable, i.e. before 25 May 2018. The revocation of the consent does not affect the legality of the data processed until the revocation.
d) Based on legal requirements (Art. 6 para. 1 c GDPR)
As a company, we are also subject to various legal obligations, i.e. legal requirements (e.g. tax law, foreign trade regulations).
4. Who gets my data?
Within the GARDINIA Home Decor GmbH, those parties who need your data in order to fulfil our contractual and legal obligations will have access to it. Service providers and vicarious agents used by us may also receive data for these purposes.
5. Are data transferred to a third country or to an international organisation?
A data transfer to places in states outside the European Union (so-called third states) takes place, as far as
· it is required by law (e.g. reporting obligations under tax law) or
· you have given us your consent.
In addition, we do not transfer any personal data to bodies in third countries or international organisations. However, we use service providers for certain tasks, most of whom also use service providers who may have their headquarters, parent company or data centers in a third country. A transfer is permissible if the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR). If the Commission has not taken such a decision that we or the service provider will only transfer personal data to a third country or to an international organisation if appropriate safeguards are in place (e.g. standard data protection clauses adopted by the Commission or the supervisory authority in a particular proceeding) and enforceable rights and effective remedies are available. We have contractually agreed with these service providers that the principles of data protection will always be concluded with their contractual partners in compliance with the European level of data protection.
6. How long will my data be stored?
We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations.
If the data are no longer necessary for the fulfilment of contractual or legal obligations, they will be deleted regularly. Unless their - temporary - further processing is necessary for following purposes:
· Fulfilment of commercial and tax retention obligations: These include the German Commercial Code (HGB), the German Tax Code (AO) and the Money Laundering Act (GwG). The time limits for storage and documentation specified there are between two and ten years.
· Preservation of evidence within the framework of the statutory statute of limitations. According to §§ 195ff. of the German Civil Code (BGB) these limitation periods can be up to 30 years, whereby the regular limitation period is 3 years.
7. What data protection rights do I have?
Every data subject has the right of access under Article 15 GDPR, the right of rectification under Article 16 GDPR, the right of cancellation under Article 17 GDPR, the right of limitation of processing under Article 18 GDPR, the right of opposition under Article 21 GDPR and the right of data transfer under Article 20 GDPR. The restrictions according to §§ 34 and 35 German BDSG apply to the right to information and the right to cancellation. In addition, there is a right of appeal to a competent data protection supervisory authority (Article 77 GDPR in conjunction with §19 German BDSG).
You can revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent given to us before the Data Protection Ordinance became applicable, i.e. before 25 May 2018. Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this.
8. Is there an obligation for me to provide data?
As part of our business relationship, you must provide the personal information necessary to establish and conduct a business relationship and to fulfill the contractual obligations associated therewith, or which we are required to collect by law. Without this information, we will generally not be able to enter into or execute the contract with you.
9. To what extent is there automated decision making?
For the establishment and execution of the business relationship, we generally do not use fully automated automatic decision making in accordance with Article 22 GDPR. Should we use these procedures in individual cases, we will inform you of this separately if this is required by law.
10. Does profiling take place?
· Due to legal and regulatory requirements, we are obliged to combat money laundering. Data evaluation is also carried out. These measures also serve to protect you.
· In order to be able to provide you with targeted information and advice on products, we use evaluation tools. These enable needs-based communication and advertising, including market and opinion research.
· We use scoring to assess creditworthiness.
11. Who can I contact with questions and complaints?
· If you have any questions, please do not hesitate to contact our data protection officer at any time.
· In our federal state, you can also contact the state data protection officer.
Name: State Commissioner for Data Protection and Freedom of Information Dr. Stefan Brink
· Address: Königstr. 10a, 70173 Stuttgart/Germany
· Contact details: Tel. 0711 / 615541-0 or firstname.lastname@example.org
· In order to safeguard their rights, it is also possible to lodge an appeal with the competent court.
Right of objection
Information about your right of objection according to
Art. 21 General Data Protection Regulation (GDPR)
Right to object to processing of data for direct marketing purposes
In individual cases we process your personal data in order to operate direct advertising. You have the right at any time to object to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling in so far as it is connected with such direct advertising.
The opposition can be made without form and should be addressed as far as possible to:
GARDINIA Home Decor GmbH
Neutrauchburger Street 20