Privacy Policy
Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies insofar as no other information is given in the subsequent processing operations.
"Personal data" means any information relating to an identified or identifiable natural person.
Server log files
You can visit our web pages without providing any personal information.
Every time our website is accessed, usage data is transmitted to us or our web host / IT service provider by your internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred and the requesting provider. Processing is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in ensuring the trouble-free operation of our website and in improving our services.
Your data is also transmitted to Canada, among other places. For data transfers to Canada, there is an adequacy decision by the EU Commission.
Contact
Controller
Please contact us if you wish. The controller responsible for data processing is: Rostikal GmbH & Co.KG, Wilbersdorf 5, 92431 Neunburg vorm Wald Germany, +49 9672 8019882, kundenservice@rostikal.biz
Customer-initiated contact by email
If you initiate business contact with us by email, we will collect your personal data (name, email address, message text) only to the extent provided by you. The data processing serves to handle and respond to your contact request.
If the contact is made for the purpose of carrying out pre-contractual measures (e.g. advice in case of purchase interest, preparation of an offer) or concerns an already existing contract between you and us, this data processing is carried out on the basis of Art. 6 (1) (b) GDPR.
If the contact is made for other reasons, this data processing is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in processing and responding to your request. In this case, you have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is based on Art. 6 (1) (f) GDPR.
We use your email address only to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Orders
Collection, processing and transfer of personal data for orders
When you place an order, we collect and process your personal data only insofar as this is necessary for the fulfillment and handling of your order and for processing your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it means that no contract can be concluded. Processing is carried out on the basis of Art. 6 (1) (b) GDPR and is necessary for the performance of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers you have selected, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of data transmission is limited to the minimum necessary.
Your data is also transmitted to Canada, among other places. For data transfers to Canada, there is an adequacy decision by the EU Commission.
Payment service providers
Use of PayPal Express
We use the PayPal Express payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the PayPal Express payment service. To integrate this payment service, it is necessary for PayPal to collect, store and analyze data (e.g. IP address, device type, operating system, browser type, location of your device) when the website is accessed. Cookies may also be used for this purpose. The cookies enable your browser to be recognized.
The processing of your personal data is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in offering a customer-oriented range of different payment methods. You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you.
By selecting and using PayPal Express, the data required for payment processing is transmitted to PayPal in order to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 (1) (b) GDPR. For more information on data processing when using the PayPal Express payment service, please refer to the associated privacy policy at www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE#Updated_PS.
Use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via this payment service. By selecting and using payment via PayPal, credit card via PayPal, direct debit via PayPal or “Pay Later” via PayPal, the data required for payment processing is transmitted to PayPal in order to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 (1) (b) GDPR.
Credit card via PayPal, direct debit via PayPal & “Pay Later” via PayPal
For individual payment methods such as credit card via PayPal, direct debit via PayPal or “Pay Later” via PayPal, PayPal reserves the right, if necessary, to obtain a credit report on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default to make a balanced decision about the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognized mathematical-statistical methods and which include address data, among other things, in the calculation. Your legitimate interests are taken into account in accordance with the statutory provisions. The data processing serves the purpose of checking creditworthiness for the initiation of a contract. Processing is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in protection against payment default when PayPal makes advance payments.
You have the right, on grounds relating to your particular situation, to object at any time to this processing of personal data concerning you based on Art. 6 (1) (f) GDPR by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method you have requested. Failure to provide it means that the contract cannot be concluded with the payment method you have selected.
Third-party providers
When paying via a third-party payment method, the data required for payment processing is transmitted to PayPal. This processing is carried out on the basis of Art. 6 (1) (b) GDPR. To carry out this payment method, the data may then be passed on by PayPal to the respective provider. This processing is carried out on the basis of Art. 6 (1) (b) GDPR. Local third-party providers can be, for example:
- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany
Purchase on account via PayPal
When paying via the “purchase on account” payment method, the data required for payment processing is first transmitted to PayPal. To carry out this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 (1) (b) GDPR. Ratepay may obtain a credit report on the basis of mathematical-statistical methods (probability or score values) using credit agencies according to the process described above. The data processing serves the purpose of checking creditworthiness for the initiation of a contract. Processing is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in protection against payment default when Ratepay makes advance payments. Further information on data protection and which credit agencies Ratepay uses can be found at https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.
Further information on data processing when using PayPal can be found in the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Rights of data subjects and storage period
Storage period
After complete performance of the contract, the data will initially be stored for the duration of the warranty period and then, taking into account statutory, in particular tax and commercial law retention periods, and deleted after the expiry of these periods, unless you have consented to further processing and use.
Rights of the data subject
If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: the right of access, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability.
You also have the right to object under Art. 21 (1) GDPR to processing based on Art. 6 (1) (f) GDPR, as well as to processing for direct marketing purposes.
Right to lodge a complaint with the supervisory authority
Under Art. 77 GDPR, you have the right to lodge a complaint with the supervisory authority if you consider that the processing of your personal data is not lawful.
You can lodge a complaint, among other things, with the supervisory authority responsible for us, which you can reach using the following contact details:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach
Tel.: +49 981 1800930
Fax: +49 981 180093800
Email: poststelle@lda.bayern.de
Right to object
Where the personal data processing operations listed here are based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR, you have the right, on grounds relating to your particular situation, to object to such processing at any time with effect for the future.
Once an objection has been made, the processing of the data concerned will be stopped, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing serves the establishment, exercise or defense of legal claims.
Last updated: 29/11/2022