PRIVACY POLICY
Privacy policy
1) Information about the collection of personal data and contact details of the person
responsible.
identified.
1.2 The responsible party for data processing on this website within the meaning of the
General Data Protection Regulation (GDPR) is fresh & joy – Irena Hermann, Hindenburgstrasse 56, 31515 Wunstorf, Germany, Tel.: +4950316800664, e-mail: welcome@fresh-joy.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or requests to the controller). You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser line.
2) Data collection when visiting our website
During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
– Our visited website
– Date and time at the time of access
– Amount of data sent in bytes
– Source/reference from which you came to the site – Browser used
– Operating system used
– IP address used (if applicable: in anonymized form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively should concrete indications point to illegal use.
3) Cookies
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow your browser to be recognized the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values to an individual
extent. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. The duration of the respective cookie storage can be
found in the overview of the cookie settings of your web browser.
In some cases, the cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given, or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find this for each browser at the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-mana ge-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14
Opera: https://help.opera.com/de/latest/web-preferences/#cookies
Please note that if you do not accept cookies, the functionality of our website may be limited.
4) Contacting
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and if there are no statutory retention obligations to the contrary.
5) Data processing when opening a customer account and for contract processing
Pursuant to Art. 6 (1) lit. b DSGVO, personal data will continue to be collected and processed if you provide it to us for the purpose of executing a contract or opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked about tax and commercial law retention
periods and deleted after expiration of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data was reserved by us.
6) Data processing for order processing
6.1 In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment
processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b DSGVO.
6.2 Use of payment service providers (payment services)
– Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. The transfer takes place in
accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f DSGVO based on PayPal’s legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the
statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability
values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further
information on data protection law, including information on the credit agencies used, please refer to PayPal’s data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
7) Contacting the rating reminder
Own rating reminder (no dispatch by a customer rating system).
We use your email address for a one-time reminder to submit a rating of your order for the rating system we use, provided that you have given us your express consent to do so during or after your order in accordance with Art. 6 (1) lit. a DSGVO.
You can revoke your consent at any time by sending a message to the data controller.
8) Use of social media: social plugins
8.1 Facebook plugins with shariff solution
Our website uses so-called social plugins (“plugins”) of the social network Facebook, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
In order to increase the protection of your data when visiting our website, these buttons are not unrestricted plugins, but are only integrated into the page using an HTML link. This type of integration ensures that when you call up a page of our website that contains such buttons, no connection is yet established with Facebook’s servers. When you click on the button, a new browser window opens and calls up the Facebook page, where you can interact with the plugins there (possibly after entering your login data).
For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook’s privacy policy:https://www.facebook.com/policy.php
8.2 Instagram plugin as Shariff solution
Our website uses so-called social plugins (“plugins”) of the online service Instagram, which is operated by Instagram LLC., 1601 Willow Rd, Menlo Park, CA 94025, USA (“Instagram”). In order to increase the protection of your data when visiting our website, these buttons are
not unrestricted plugins, but are only integrated into the page using an HTML link. This type of integration ensures that when you call up a page of our website that contains such buttons, no connection is yet established with the servers of Instagram. When you click on the button, a new browser window opens and calls up the Instagram page, where you can interact with the plugins there (possibly after entering your login data).
Instagram LLC. with headquarters in the USA is certified for the us-European data protection agreement “Privacy Shield”, which ensures compliance with the level of data protection
applicable in the EU. For the purpose and scope of the data collection and the further processing and use of the
data by Instagram, as well as your rights in this regard and setting options for protecting your privacy, please refer to Instagram’s privacy policy: https://help.instagram.com/155833707900388/
9) Use of social media: videos
Use of Youtube videos
This website uses the Youtube embedding function to display and play videos of the provider “Youtube”, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
The extended data protection mode is used here, which, according to the provider, only triggers the storage of user information when the video(s) is/are played. If the playback of embedded Youtube videos is started, the provider “Youtube” uses cookies to collect information about user behavior. According to information from “Youtube”, these are used, among other things, to collect video statistics, to improve user-friendliness and to prevent abusive behavior. If you are logged in to Google, your data is directly assigned to your account when you click on a video. If you do not want the assignment with your profile at YouTube, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 (1) lit. f DSGVO on the basis of Google’s legitimate interests in the insertion of personalized advertising, market research and/or needs-based design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. The use of YouTube may also result in the transmission of personal data to the servers of Google LLC. in the USA. Regardless of a playback of the embedded videos, a connection to the Google network is established each time this website is called up, which may trigger further data processing operations without our influence.
If personal data is transferred to Google LLC., which is based in the USA, Google LLC. has certified itself for the us-European data protection agreement “Privacy Shield”, which ensures compliance with the level of data protection applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/list
Further information on data protection at “YouTube” can be found in the provider’s privacy policy at: https://www.google.de/intl/de/policies/privacy
Insofar as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option described above to make an objection.
10) Web analytics services
Google (Universal) Analytics
Google (Universal) Analytics without cookies
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
This website uses Google (Universal) Analytics exclusively without the use of cookies, which means that the service does not set cookies on your terminal device at any time.
Instead, the local memory of your browser is used to store an individual ID assigned by Google (Universal) Analytics, which enables an analysis of your use of the website. For this purpose, certain user information is processed via the ID.
The information generated by the ID about your use of this website (including the shortened IP address) is usually transmitted to a Google server and stored there; this may also involve transmission to the servers of Google LLC. in the USA.
This website uses Google (Universal) Analytics exclusively with the extension “_anonymizeIp()”, which ensures an anonymization of the IP address by shortening and excludes a direct personal reference. Through the extension, your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC. server in the USA and shortened there.
In these exceptional cases, this processing is carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.
On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google (Universal) Analytics will not be merged with other Google data.
You can prevent the collection of data generated by Google (Universal) Analytics and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
Instead of using a browser plugin click the following link for a opt-out-cookie. This prohibits Google Analytics to record your website in the future (this opt-out-cookie is only working in this browser and for this special domain. In case cookies are going to be deleted, it will be necessary to click the link below again):
More information about Google (Universal) Analytics you can find here:
https://policies.google.com/privacy?hl=de&gl=de
In case of transmission of personal data to Google LCC, USA, Google certified for the EU data protection agreement „Privacy Shield“, which guarantees the compliance of German data protection act. An actual certificate you can find here https://www.privacyshield.gov/list
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option described above to make an objection.
11) Tools and other
Applications to job advertisements by e-mail
On our website, we advertise current vacancies in a separate section, for which interested parties can apply by e-mail to the contact address provided.
In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection together with their application by e-mail.
The required information includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications required for a position. If necessary, health-related information may also be required, which must be given special consideration under employment and social law in the interest of social protection in the person of the applicant.
The components that an application must contain to be considered in each individual case and the form in which these components must be submitted by mail can be found in the respective job advertisement.
After receipt of the application sent using the specified e-mail contact address, the applicant data will be stored by us and evaluated exclusively for the purpose of processing the application. For queries arising while processing, we use either the e-mail address provided by the applicant with his or her application or a telephone number provided, at our discretion.
The legal basis for this processing, including contacting us for queries, is generally Art. 6 Para. 1 lit. b DSGVO in conjunction with. § Section 26 (1) of the German Federal Data Protection Act (BDSG), in the sense of which going through the application process is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO (e.g. health data such as information on severely disabled status) are requested from applicants as part of the application process, the processing is carried out in accordance with Art. 9 (2) letter b. DSGVO so that we can exercise the rights arising from labor law and social security and social protection law and fulfill our obligations in this regard.
Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9(1)(h) DSGVO if it is carried out for the purposes of preventive health care or occupational medicine, for the assessment of the applicant’s ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field.
If the applicant is not selected during the evaluation described above, or if an applicant withdraws his or her application prematurely, his or her data transmitted by e-mail and all electronic correspondence, including the original application e-mail, will be deleted at the latest after 6 months following appropriate notification. This period is measured since our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to meet our obligations to provide evidence under the regulations on equal
treatment of applicants.
In the event of a successful application, the data provided will be processed based on Art. 6 Para. 1 lit. b DSGVO in conjunction with. § Section 26 (1) BDSG for the purpose of implementing the employment relationship.
12) Rights of the data subject
12.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller regarding the processing of your personal data, which we inform you about below:
– Right of access pursuant to Art. 15 DSGVO: In particular, you have the right to obtain information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of
processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 of the GDPR if your data is transferred to third countries;
– Right to rectification pursuant to Art. 16 DSGVO: You have the right to have any inaccurate data relating to you corrected without delay and/or to have any incomplete data stored by us completed;
– Right to deletion pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
– Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
– Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed
about these recipients.
– Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
– Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
– Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you 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 residence, workplace or the place of the alleged infringement.
12.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS
DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
13) Duration of storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data based on explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his or her consent.
If there are legal retention periods for data that is processed within the scope of legal business or similar obligations because of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after the retention periods have expired, insofar as it is no longer required for the fulfillment of a contract or the initiation of a contract and/or there is no continued legitimate interest on our part in the continued storage.
When processing personal data based on Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing since Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
