The following data protection declaration informs users about the type, extent and purpose of the collection and use of personal data by the provider responsible
Ludwig Weinrich GmbH & Co. KG
Diebrocker Straße 17
Tel: +49 (0) 52 21 - 910 - 00 52 21 - 910 - 0
Fax: +49 (0) 52 21 - 910 - 1480 52 21 - 910 - 148
on this website (hereinafter referred to as the "offer").
Server log files
Data Protection Officer
Datenschutz Ruhr Gmbh
Rosastr. 40 - 42
45130 Essen, DE
Tel.: 0201 890 66 123
1. Scope of the Processing of Personal Data
As a matter of principle, 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 content and services. The processing of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.
2. Legal Basis for the Processing of Personal Data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (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 DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO 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) lit. d DSGVO 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 override the first-mentioned interest, Art. 6 (1) f DSGVO serves as the legal basis for the processing.
3. Data Deletion and Storage Period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
1. Description and Scope of Data Processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer. The following data is collected in this process:
Information about the browser type and the version used.
The operating system of the user
The user's Internet service provider
The IP address of the user
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
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
In these purposes also lies our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.
4. Duration of Storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Possibility of Objection and Elimination
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
a) Description and Scope of Data Processing
The following data is stored and transmitted in the cookies for the web store:
Items in a shopping cart
On our general company website, cookies are set by the web analysis tool matomo (formerly pivic), as well as specifically in the online store area by Google Analytics. Our site can also be used without accepting technically unnecessary cookies.
Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
b) Legal Basis for Data Processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f DSGVO. For other cookies, this is done on the basis of the user's consent pursuant to Art. 6 (1) lit. a DSGVO. Thus, you have the possibility to revoke the consent for these purposes at any time. This can be done by clicking on the corresponding cookie banner and the "reject" button there.
c) Purpose of the Data Processing
Adoption of language settings
Remember search terms
The user data collected through technically necessary cookies are not used to create user profiles.
d) Duration of Storage, Possibility of Objection and Removal
1. Description and Scope of Data Processing
On our website, we offer users the opportunity to place orders by providing personal data. The data is entered in an input mask and transmitted to us and stored.
Mandatory fields are marked as such, because in these cases we need the data to process the contract, or to process your contact and you can not complete the order or send the contact without their information. Which data is collected, can be seen from the respective input forms. We use the data you provide to process the contract and handle your inquiries. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
The following data is collected as part of the ordering process:
Orders in the online store:
Salutation, first name, last name, street, postal code, city, telephone (no mandatory field), e-mail address, password, message (no mandatory field).
If necessary, different delivery address with the following data: First name, cash on delivery, street, postal code, city.
As part of the ordering process, the user's consent to the processing of this data is obtained.
2. Legal Basis for Data Processing
The legal basis for the processing of the data, if the user has given his consent, is Art. 6 (1) lit. a DSGVO. In addition, it serves the fulfillment of a contract, Art. 6 para. 1 lit. b DSGVO.
3. Purpose of Data Processing
A collection of order data is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures. It is about the orders of chocolate in the Weinrich online store.
4. Duration of Storage
Personal data is only stored as long as it is necessary for the respective purpose or necessary for compliance with legal regulations.
This is the case for data collected during the performance of a contract or for the implementation of pre-contractual measures when the data is no longer required for the performance of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to comply with contractual or legal obligations.
5. Possibility of Objection and Removal
As a user, you have the option at any time to have the data stored on the basis of an order deleted; this can be done by contacting us.
If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, an early deletion of the data is only possible insofar as contractual or legal obligations do not prevent a deletion.
It is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
1. Legal Basis for Data Processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO.
2 Purpose of the Data Processing
The data from the email serve us solely to process the contact. This is also the necessary legitimate interest in processing the data.
3. Duration of Storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
4. Possibility of Objection and Removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. Contact can be made in writing.
All personal data stored in the course of contacting us will be deleted in this case.
We do not transfer your personal data to third parties for purposes other than those listed below.
We will only pass on your personal data to third parties if:
you have given your express consent to this in accordance with Art. 6 Para. 1 Sentence 1 lit. a DSGVO,
the disclosure is required under Art. 6 (1) p. 1 lit. f DSGVO for the assertion, exercise or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in not disclosing your data,
in the event that there is a legal obligation for disclosure pursuant to Art. 6 (1) p. 1 lit. c DSGVO, as well as
this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the processing of contractual relationships with you.
1. Hosting Services by a third-party Provider/Technical Service Provider
As part of processing on our behalf, a third-party provider provides hosting and website display services for us. This is Mittwald CM Service GmbH & Co. KG. This serves to protect our legitimate interests in a correct presentation of our offer, which outweigh our interests in the context of a balancing of interests. All data collected in the course of using this website or in forms provided for this purpose in the online store as described below are processed on its servers. Processing on other servers only takes place within the framework explained here.
The technical service provider is scanlitho.teams Fullservice GmbH.
These service providers are located within a country of the European Union or the European Economic Area.
2. Data Transfer for the Processing of Orders
If you have given us your express consent to do so during or after your order, we will pass on your telephone number to the selected shipping service provider on the basis of this consent, so that the shipping service provider can contact you before delivery for the purpose of delivery notification or coordination.
The consent can be revoked at any time by sending a message to the contact option described below or directly to the shipping service provider at the contact address listed below. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.
1. Scope of the Processing of Personal Data
We use the open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behavior of our users. The software sets a cookie on the user's computer (for cookies, see already above). If individual pages of our website are called up, the following data is stored:
Two bytes of the IP address of the user's calling system.
The website called up
The website from which the user accessed the accessed website (referrer)
The subpages accessed from the accessed website
The time spent on the website
The frequency with which the website is accessed
The software runs exclusively on the servers of our website. A storage of the personal data of the users takes place only there. The data is not passed on to third parties.
The software is set so that the IP addresses are not stored in full, but 2 bytes of the IP address are masked (Ex: 192.168.xxx.xxx). In this way, an assignment of the shortened IP address to the calling computer is no longer possible.
2. Legal Basis for the Processing of Personal Data
The legal basis for the processing of the users' personal data is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of the Data Processing
The processing of users' personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. In these purposes also lies our legitimate interest in processing the data in accordance with Art. 6 para. 1 lit. f DSGVO. By anonymizing the IP address, the interest of users in their personal data protection is sufficiently taken into account.
4 Duration of Storage
The data is deleted as soon as it is no longer required for our recording purposes. In our case, this is the case after 180 days.
5. Objection and Removal Possibility
We offer our users the option of opting out of the analysis process on our website. This is done by mouse click. In this way, another cookie is set on their system, which signals to our system not to store the user's data. If the user deletes the corresponding cookie from their own system in the meantime, they must set the opt-out cookie again. For more information on the privacy settings of the Matomo software, please see the following link: matomo.org/docs/privacy/.
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
1. Right to Information
You may request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing is taking place, you may request information from the controller about the following:
1. The purposes for which the personal data are processed;
2. the categories of personal data which are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
5. 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;
6. the existence of a right of appeal to a supervisory authority;
7. any available information about the origin of the data, if the personal data are not collected from the data subject;
8. The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
2. Right to Rectification
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. Right to Restriction of Processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
1. 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;
2. 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;
3. the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
4. if you have objected to the processing pursuant to Article 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.
Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of storage, only 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 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.
4. Right to Deletion
a) Obligation to Delete
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:
1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
3. You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
4. The personal data concerning you have been processed unlawfully.
5. 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.
6. The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
b) Information to Third Parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
The right to erasure shall not apply to the extent that 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 pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) DSGVO, 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
for the assertion, exercise or defence of legal claims.
5. Right to Information
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 against the controller to be informed about these recipients.
6. Right to Data Portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
the processing is based on consent pursuant to Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) b DSGVO and
the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Rght of Objection
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)(e) or (f) DSGVO; 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.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the 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. If you wish to make use of your right of revocation or objection, an email to: info(at)weinrich-schokolade.de will suffice.
9. Automated Decision in Individual Cases including Profiling.
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
is necessary for the conclusion or performance of a contract between you and the controller,
is permitted under 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
is done with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests. With regard to the cases mentioned in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10. 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 the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Right to information
You have the right to obtain information about the data stored about you, its origin and recipients and the purpose of the data processing. If you have any questions that are not answered by this data protection declaration, or if you would like more detailed information on a particular point, please contact the data protection officer of Ludwig Weinrich GmbH & Co.KG at the e-mail address datenschutzbeauftragter(at)weinrich-schokolade.de.
You can get in touch with us. The data processed for this purpose (e.g. e-mail data, your name) are necessary to enable communication and to process your request. Other data that you provide us with make it easier for us to address you personally or to process your request better or more quickly.
This processing is based on Art. 6 para. 1 lit. b DSGVO, insofar as this is necessary for the initiation or execution of a contract. Otherwise, the processing is based on our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO. Our legitimate interest is to respond to your request.
Suppliers, service providers & business partners
We use contact and communication data and other relevant personal data from our suppliers, service providers and business partners, insofar as these or their employees are natural persons. We process this data for the purpose of carrying out the business relationship, communication and maintaining contacts. The provision of data is regularly required for the initiation, execution and invoicing of contracts, otherwise a contract cannot be concluded.
The processing is based on Art. 6 para. 1 lit. b DSGVO, insofar as this is necessary for the initiation or execution of a contract. As far as it does not concern the initiation or performance of a contract, the processing is based on our legitimate interest according to Art. 6 (1) lit. f DSGVO. Our legitimate interest is the processing of business cooperation and contact maintenance.
The storage period is based on the general statute of limitations or the tax retention obligations.
You can apply to us by sending us your documents. We process the personal data provided in this context solely for the purpose of processing your application. The processing is necessary to initiate an employment relationship, to enable communication in this regard and to process your request.
In individual cases, we process - to the extent necessary for the initiation of the employment relationship - personal data that we have permissibly received from third parties (e.g. recruitment agencies) or obtained from publicly accessible sources (e.g. social networks or internet search engines).
These processing operations are based on Art. 6 para. 1 lit. b DSGVO in conjunction with. § 26 para. 1 BDSG.
We regularly store this data for a period of up to 6 months after completion of the application process. Any further storage will only take place if you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a DSGVO.
There is no legal or contractual obligation to provide your data, but it is not possible to process your application without providing the information.
Recipients of the above data
In the course of our above activities, we work with service providers, partners, public authorities and other third parties who may receive personal data, including but not limited to:
Service providers for hosting services
IT and telecommunications service providers
Logistics and delivery service providers
File storage and disposal service providers
Authorities and institutions
We only transfer your data to these recipients if this is necessary for the fulfilment of a contract with you, if we are subject to a legal obligation to do so or if we have a legitimate interest in passing on your data. The legitimate interest may consist above all in the maintenance of the company organisation or in the assertion, exercise or defence of legal claims. If you have any further questions, please contact our data protection officer.
If we store your personal data, this will only be for a limited period of time and no longer than necessary. In principle, we delete your data when it is no longer necessary for the processing purpose for which it was collected or if there are other legal reasons that require deletion.
Insofar as we are subject to legal retention obligations that require longer retention, we store the data for this period, in particular to comply with retention periods under commercial and tax law, which are between 2 and 10 years.
Other legal reasons for retention may be that we must retain data for evidentiary purposes for the duration of the applicable statute of limitations. These periods are usually between 2 and 30 years.
If you have any further questions, please contact our data protection officer.
Obligation to provide
Insofar as the personal data is required for the establishment and implementation of the contractual relationship and the associated contractual or legal obligations, this data must be provided by you so that we can fulfil our performance obligations or legal obligations. Without the provision of the data, we may no longer be able to provide the service, or may not be able to do so properly or completely.