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Privacy Policy

As of February 2022

Table of Contents

  1. Name and address of the responsible person
  2. Contact details of the data protection officer
  3. General information about data processing
  4. Rights of the person concerned
  5. Provision of the website and creation of the log files
  6. Use of Cookies
  7. Registration
  8. Webshop
  9. Our Payment Methods
  1. Name and address of the responsible person

The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is the:

Niqua Ltd
Schulstr. 19
56290 Beltheim
Germany
06762 / 40 93-0
info@niqua.de
www.niqua-shop.de

  1. Contact details of the data protection officer

The data protection officer of the responsible person is:

DataCo GmbH
Dachauer Strasse 65
80335 Munich
Germany
+49 89 7400 45840
www.dataguard.de

  1. General information about data processing
  1. Extent of processing of personal data

We only process the personal data of our users as far as this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in cases in which prior consent cannot be obtained for factual reasons and the processing of the data is required by law.

  1. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 Para. 1 S. 1 lit. a GDPR serves as the legal basis.

When processing personal data, which is necessary for the performance of a contract to which the data subject is a party, Art. 6 Para. 1 S. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 sentence 1 lit. d GDPR serves as the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 Para. 1 S. 1 lit. f GDPR as the legal basis for processing.

  1. Data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

  1. Rights of the person concerned

If personal data is processed by you, you are the person concerned within the meaning of the DSGVO and you have the following rights towards the responsible person:

  1. Right to information

You can ask the controller to confirm whether he or she is processing personal data.

If such processing is available, you can request information from the person responsible about the following information:

  • the purposes for which the personal data are processed;
  • the categories of personal data that are processed;
  • the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
  • the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
  • the existence of a right to rectification or erasure of 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;
  • all available information on the source of the data if the personal data are not collected from the data subject;
  • The existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the person concerned.

You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 DSGVO to be informed in connection with the transmission.

  1. Right to rectification

You have a right to rectification and / or completion to the controller, provided the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.

  1. Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

  • if you contest the accuracy of your personal data for a period of time that enables the person responsible to check the accuracy of the personal data;
  • the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
  • the controller no longer requires personal data for the purposes of processing, but you need them for the purposes of asserting, exercising or defending legal claims, or
  • if you have filed an objection against the processing according to Art. 21 para. 1 DSGVO and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.

If the processing of your personal data has been restricted, this data - apart from its storage - may only be used with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, the person responsible will inform you before the restriction is lifted.

  1. Right to delete
  2. a) Obligation to delete

You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:

  • Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing is based in accordance with Art. 6 para. 1 sentence 1 lit. a or Art. 9 Para. 2 lit. a GDPR was based, and there is no other legal basis for the processing.
  • You gem gem. Art. 21 para. 1 DSGVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 DSGVO objection to the processing.
  • Your personal data has been processed unlawfully.
  • The deletion of personal data concerning you is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data relating to you were collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.
  1. b) Information to third parties

If the person in charge has made the personal data concerning you public and is acc. Art. 17 para. 1 DSGVO, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected by the technology and the implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.

  1. c) Exceptions

The right to erasure does not exist if the processing is necessary

  • to exercise the right to freedom of expression and information.
  • to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task of public interest or in the exercise of official authority conferred on the controller;
  • for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
  • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 para. 1 DSGVO, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the achievement of the objectives of this processing, or
  • to assert, exercise or defend legal claims.
  1. Right to information

If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.

You have a right to the person responsible to be informed about these recipients.

  1. Right to data portability

You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that

  • processing based on consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 sentence 1 lit. b GDPR is based and
  • the processing is done using automated procedures.

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

  1. Right of objection

You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Art. 6 para. 1 sentence 1 lit. e or f GDPR occurs to file an objection; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is intended to assert, exercise or defend legal claims.

If the personal data relating to you are processed for direct marketing purposes, 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 mail.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

In connection with the use of information society services - regardless of Directive 2002/58 / EC - you have the option of exercising your right of objection by means of automated procedures that use technical specifications.

  1. Right to revoke the data protection consent declaration

You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

  1. Automated decision on an individual basis including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which has legal effects on you or which significantly affects you in a similar manner. This does not apply when making the decision

    1. is required for the conclusion or performance of a contract between you and the controller,
    2. is permissible on the basis of Union or Member State legislation to which the controller is subject, and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
    3. with your express consent.

However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or b GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the in a. and c. In the cases mentioned, the person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to contest the decision.

  1. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of the personal data concerning you is against the DSGVO violates.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.

  1. Provision of the website and creation of the log files
  1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected here:

  • Information about the browser type and version used

 

 

 

 

This data is stored in the log files of our system. This does not affect the user's IP addresses or other data that enable the data to be assigned to a user. This data is not stored together with other personal data of the user.

  1. Purpose of data processing

Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Our legitimate interest in data processing according to Art. 6 Para. 1 S. 1 lit. f GDPR.

  1. Legal basis for data processing

The legal basis for the temporary storage of the data is Art. 6 Para. 1 S. 1 lit. f GDPR.

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. In the case of the collection of the data for the provision of the website, this is the case when the respective session has ended.

  1. Opposition and removal possibility

The collection of data for the provision of the website and the storage of the data in log files is imperative for the operation of the website. There is consequently no contradiction on the part of the user.

  1. Use of Cookies
  2. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the web page is recalled.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identified even after a page break.

The following data is stored and transmitted in the cookies:

  • language settings
  • Articles in shopping cart
  1. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some features of our website can not be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page break.

The user data collected through technically necessary cookies will not be used to create user profiles.

  1. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 S. 1 lit. f GDPR.

The legal basis for the processing of personal data using technically unnecessary cookies is Article 6 Paragraph 1 Clause 1 lit. a GDPR.

  1. Duration of storage, objection and disposal options

Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all functions of the website to the full.

If you use a Safari browser from version 12.1, cookies are automatically deleted after seven days. This also applies to opt-out cookies that are set to prevent tracking measures.

  • Registration
  1. Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal information. The data is entered into an input mask and transmitted to us and stored. A transfer of data to third parties does not take place. The following data is collected during the registration process:

  • E-mail address
  • Name
  • First Name
  • Find Us Here
  • Date and time of registration
  1. Purpose of data processing

Registration of the user is required to fulfill a contract with the user or to carry out pre-contractual measures.

  1. Legal basis for data processing

If the registration serves to fulfill a contract to which the user is a party or to carry out pre-contractual measures, the legal basis for the processing of the data is Article 6 (1) sentence 1 lit. b GDPR.

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection.

This is the case for the data collected during the registration process to fulfill a contract or to carry out pre-contractual measures if the data is no longer required for the execution of the contract. Even after the contract has been concluded, there may be a need to store the contractual partner's personal data in order to meet contractual or legal obligations.

  1. Opposition and removal possibility

As a user, you have the option of canceling the registration at any time. You can change the data stored about you at any time.

If the data are necessary for the fulfillment of a contract or for the execution of pre-contractual measures, a premature deletion of the data is only possible, as far as contractual or legal obligations do not preclude a deletion.

  • Webshop

The website and the web shop are hosted on external servers by a service provider commissioned by us.

Our service provider is:

Shopify Inc.; 151 O'Connor Street, ground floor; Ottawa, ON K2P 2L8; Canada

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The information stored is:

  • Browser type and browser version
  • Operating system used
  • - Referrer URL
  • - Host name of the accessing computer
  • Date and time of the server request
  • IP address

This data is not merged with other data sources. This data is recorded on the basis of Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - the server log files must be recorded for this.

We have concluded an order processing contract with the relevant service provider, in which we oblige the corresponding service provider to protect user data and not to pass it on to third parties.

The location of the server of the website is geographically in the following third country:

  1. Our Payment Methods
  2. Description and scope of data processing

We offer our customers various payment options to process their orders. To do this, we forward customers to the platform of the corresponding payment service provider depending on the payment option. After completing the payment process, we receive the customer's payment data from the payment service provider or our house bank and process it in our systems for the purposes of invoicing and accounting.

Payment by PayPal

It is possible to process the payment process with the payment service provider PayPal. In addition to a direct payment method, PayPal also offers purchase on account, by direct debit, by credit card and payment in installments.

The European operating company of PayPal is PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg.

If you choose PayPal as the payment method, your data required for the payment process will be automatically transmitted to PayPal.

In particular, this concerned the following data:

  • Name
  • Find Us Here
  • E-mail address
  • Telephone / mobile number
  • IP address
  • Bank
  • card number
  • Validity date and CVC code
  • item number
  • item number
  • Data on goods and services
  • Transaction amount and tax levies
  • Information on previous buying behavior

The data transmitted to PayPal may be transmitted to credit agencies by PayPal. The purpose of this transmission is to check your identity and creditworthiness.

PayPal may also pass on your data to third parties if this is necessary to fulfill contractual obligations or if the data is to be processed on behalf of us. When transferring your personal data within companies associated with PayPal, the Binding Corporate Rules, which have been approved by the relevant supervisory authorities, apply. You can find them here:
https://www.paypal.com/de/webapps/mpp/ua/bcr
Other data transfers may be based on contractual protection provisions. For more information, please contact PayPal.

All PayPal transactions are subject to PayPal's privacy policy. You can find them under:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full/.

Payment in advance

If you have chosen to pay in advance, no data will be processed on our part apart from the data transmitted by your bank. These are only used to check receipt of payment.

  1. Purpose of data processing

The transmission of payment data to payment service providers is used to process the payment, e.g. when you purchase a product and / or use a service.

  1. Legal basis for data processing

The legal basis for data processing is Article 6 Paragraph 1 Sentence 1 lit.

  1. Duration of storage

All payment data and data on any chargebacks that may occur are only stored for as long as they are required for processing payments and possible processing of chargebacks and debt collection, as well as for combating abuse.

Furthermore, the payment data can be stored beyond this if and as long as this is necessary to comply with statutory retention periods or to pursue a specific case of abuse.

Your personal data will be deleted when the statutory retention periods expire, i.e. after 10 years at the latest.

  1. Opposition and removal possibility

You can object to the processing of your payment data at any time by notifying the person responsible or the payment service provider used. However, the payment service provider used may still be entitled to process your payment data if and for as long as this is necessary for contractual payment processing.

 

This privacy policy has been supported by Data Guard created.