Privacy policy

1. General

The following statement provides information about the collection of personal data when using our website www.villa-schmidt.de. Personal data means all information relating to an identified or identifiable natural person, such as name, address, e-mail addresses, date of birth, external characteristics, among others.

a. Controller

Responsible for the website www.villa-schmidt.de is

Villa Schmidt GmbH
Kückallee 2
21465 Reinbek
Telephone number: 040/727333-33
Email address: info@villa-schmidt.de
Website: www.villa-schmidt.de
Contact person: Timeo Schmidt

hereinafter referred to as Villa Schmidt.

b. Legal bases for the processing of personal data

- Insofar as the user's consent is obtained for processing operations involving personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

- For the processing of personal data necessary for the performance of a contract to which the user is a party, Art. 6(1)(b) GDPR serves as the legal basis; the same applies to processing operations necessary for carrying out pre-contractual measures.

- Insofar as the processing of personal data is necessary for compliance with a legal obligation to which Villa Schmidt is subject, Art. 6(1)(c) GDPR serves as the legal basis.

- In the event that vital interests of the user or of another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.

- If processing is necessary to safeguard a legitimate interest of Villa Schmidt or of a third party, and if the interests, fundamental rights and fundamental freedoms of the user do not override the former interest, Art. 6(1)(f) GDPR serves as the legal basis for the processing. This also applies to the temporary storage of personal data (see below).

c. Deletion of data and storage duration

The user's personal data will be erased or blocked as soon as the purpose of storage no longer applies. By way of exception, this does not apply if retention of the data is provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject; in this case, the user's personal data will be erased once the retention obligation no longer applies.

2. Collection of personal data

a) Data collection without the user's involvement

Villa Schmidt collects from a user of the website www.villa-schmidt.de the following information, which the viewer's browser transmits without their involvement, i.e. without the user registering or otherwise manually transmitting information to Villa Schmidt themselves through a personal action. This data is not attributed to specific persons. This data is not merged with other data sources, and the data is furthermore deleted after a statistical evaluation. The legal basis for the collection of personal data without the user's involvement arises from Art. 6 (1) lit. f GDPR. Villa Schmidt's legitimate interest arises from the necessity of continuously displaying a stable and secure website to the user.

aa) Browser data

The following data is only stored temporarily by Villa Schmidt and is deleted after a purely statistical evaluation:

- Browser type and version

- operating system of the computer used

- the address of the previously visited website (referrer URL)

- the address of the accessing computer (IP address)

- Date and time of the visit

- content of the request (specific page)

- Access status/HTTP status code

- volume of data transferred

bb) Cookies

When using the website www.villa-schmidt.de cookies are used by Villa Schmidt. Cookies are small text files that are stored on the user's hard drive, assigned to the browser they use, and through which certain information is transmitted to Villa Schmidt. This makes it possible to uniquely identify the browser when the website is called up again. Cookies cannot execute programs or transfer viruses to the user's computer. They serve to make the internet offering more user-friendly and effective overall. The user has the option of configuring their browser settings at any time so that cookies are rejected. However, Villa Schmidt points out that with such a setting the user may not be able to use all functions of the website www.villa-schmidt.de can use to its full extent.

The legal basis for the use of cookies necessary for the functions of the website (e.g. for the use of the shopping cart or log-in information) arises from Art. 6(1)(f) GDPR. If the user has declared his or her consent to the use of cookies, the legal basis is Art. 6(1)(a) GDPR.

The purpose lies in recognising the user's browser so that the user does not have to repeat user actions and inputs intended for the Villa Schmidt server (e.g. electronic shopping cart, login data).

The cookies are deleted as set out below:

(1) Transient cookies

Transient cookies are deleted automatically when the user logs out or closes their browser. These include, in particular, so-called session cookies, which store a session ID with which various requests from a user's browser can be assigned to the shared session, so that the computer is recognised when the user returns to the website. Villa Schmidt uses transient cookies.

(2) Persistent cookies

Persistent cookies are deleted automatically after a specified duration, which may vary depending on the cookie used. Villa Schmidt uses persistent cookies.

(3) Third-party cookies

Third-party providers also use transient or persistent cookies. The following third-party providers set cookies:

- Google, Inc.; type of cookies: transient and persistent

b) Data collection with the user's involvement

Villa Schmidt collects from a user of the website www.villa-schmidt.de also information that the user transmits to Villa Schmidt manually themselves through registration or another personal action. This data is attributed to the user and passed on to third parties who, at the instigation of Villa Schmidt, are involved in the performance of the contract (e.g. freight forwarding companies or financial service providers in the case of purchase on account). Such data is technically necessary for Villa Schmidt in order to be able to send the user a newsletter they have requested, to reply to them after they have made contact, where desired, or to perform a contract concluded with the user and, where applicable, to fulfil any warranty claims existing in this respect.

aa) Newsletter

On the Villa Schmidt website it is possible to subscribe to a free newsletter. When the user signs up, the data from the input mask are transmitted to Villa Schmidt. The data concerned are the following:

Email address

Furthermore, the following data is stored upon registration:

Date and time of registration

IP address of the accessing computer

The newsletters are sent using "MailChimp", a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The e-mail addresses of the newsletter recipients, as well as their further data described in these notices, are stored on MailChimp's servers in the USA. MailChimp uses this information to send and to evaluate the newsletters on behalf of Villa Schmidt. Furthermore, according to its own information, MailChimp may use this data to optimise or improve its own services, e.g. for the technical optimisation of the dispatch and presentation of the newsletters, or for economic purposes, in order to determine which countries the recipients come from. However, MailChimp does not use the data of the newsletter recipients to contact them itself, nor does it pass the data on to third parties.

On 12.07.2016, the European Commission published an adequacy decision pursuant to Art. 44 GDPR (ref. C (2016) 4176 final), according to which US companies that commit to complying with the principles of the EU-US Privacy Shield are attested an adequate level of data protection. MailChimp is certified under the US-EU data protection agreement “Privacy Shield” and thereby commits to complying with the EU data protection requirements. MailChimp's data protection provisions can be accessed under the link https://mailchimp.com/legal/privacy/ be viewed.

The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from MailChimp's server when the newsletter is opened. As part of this retrieval, technical information, such as information about the user's browser and system, as well as the IP address and the time of retrieval, is initially collected. This information is used for the technical improvement of the services on the basis of the technical data, or of the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. This information can be attributed to the individual newsletter recipients. Villa Schmidt uses these analyses to identify the reading habits of users and to adapt content to them, or to send different content according to the interests of the users. There are cases in which Villa Schmidt directs newsletter recipients to MailChimp's websites. For example, the newsletters from Villa Schmidt contain a link with which the newsletter recipients can access the newsletters online (e.g. in the event of display problems in the e-mail program). Furthermore, MailChimp's privacy policy is only available on its site. In this context, Villa Schmidt points out that cookies are used on MailChimp's websites and that personal data is thus processed by MailChimp, its partners and the service providers it uses (e.g. Google Analytics). Villa Schmidt has no influence on this data collection. Further information can be found by the user in MailChimp's privacy policy (see above).

Villa Schmidt additionally advises the user of the options to object to data collection for advertising purposes on the websites http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European area). The user can cancel receipt of the Villa Schmidt newsletter at any time, i.e. revoke their consents. This simultaneously extinguishes the user's consents to the dispatch of the newsletter via MailChimp and to the statistical analyses. A separate revocation of the dispatch via MailChimp or of the statistical evaluation is not possible. The user will find a link for cancelling the newsletter at the end of each newsletter.

The legal basis for the data collection is Art. 6(1)(a) GDPR. The user's consent to the processing of these data is obtained as part of the sign-up process, and reference is made to this declaration.

The purpose of the data processing is to send the user a newsletter he or she has requested. In connection with the data processing for the dispatch of newsletters, no data are passed on to third parties beyond the disclosure to the service provider MailChimp described above. The data are used exclusively for sending the newsletter.

The personal data is stored for as long as the newsletter subscription is active. If the subscription is cancelled, this data is deleted.

bb) Contact form

The website www.villa-schmidt.de of Villa Schmidt contains a contact form which the user can use to make contact electronically. The data are entered via an input mask and transmitted to Villa Schmidt and stored. The following data are collected when the contact form is used:

Name

Street

Postcode

City

Country

Email address

Telephone number

Furthermore, the following information is stored at the time the data is entered:

Date and time of registration

IP address of the accessing computer

The legal basis for the data collection is Art. 6(1)(a) GDPR. The user's consent to the processing of these data is obtained as part of the sending process, and reference is made to this declaration. The data are not passed on to third parties and are used exclusively for processing the conversation.

The purpose of the data collection is to respond to the user after he or she makes contact.

The data is deleted as soon as the conversation with the user has ended, i.e. once the matter concerned has been conclusively resolved.

3. Use of third-party services involving data collection

a) Google Analytics

The website www.villa-schmidt.de of Villa Schmidt uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics likewise uses cookies (see above). The information generated by the cookie about the use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymisation is activated on this website, however, the user's IP address will first be truncated 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 transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website, to compile reports on website activity and to provide the website operator with further services associated with website use and internet use. The IP address transmitted by the user's browser as part of Google Analytics is not merged with other data held by Google. The user can prevent the storage of cookies by selecting the appropriate settings in their browser software; however, Villa Schmidt points out that in this case it may not be possible to use all functions of this website to their full extent. The user can also prevent the collection of the data generated by the cookie and relating to their use of the website (incl. the user's IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link http://tools.google.com/dlpage/gaoptout?hl=de.

The user can prevent collection by Google Analytics by clicking on the following link, whereby an opt-out cookie is set which prevents the future collection of the user's data when visiting this website: <<Disable Google Analytics>>

We point out that on this website Google Analytics has been extended by the code "anonymizeIp" in order to ensure anonymised collection of IP addresses (so-called IP masking).

The legal basis for the use of Google Analytics arises from Art. 6(1)(f) GDPR. The legitimate interest lies in the optimisation of the Villa Schmidt website, also for the benefit of the user. The anonymised recording of the IP address sufficiently safeguards the interests of the user.

The purpose of the data collection is to optimise the Villa Schmidt website.

The anonymous data is deleted on Google's side in accordance with the deletion periods determined there.

b) Google Remarketing

Villa Schmidt uses the remarketing function of Google Analytics.

The purpose of this function is, for users who have visited the website www.villa-schmidt.de to display relevant adverts to them when they visit other websites in the Google Display Network. This is done by placing on the website www.villa-schmidt.de a so-called code snippet, or “remarketing tag”, is inserted, which creates a cookie on the user's PC. For technical reasons alone, the cookie on the user's PC does not contain any personal data of the user. Operators of other websites in the Google Display Network can access these cookies and accordingly display interest-based advertising provided via Google.

The user can restrict or deactivate the use of interest-based advertising with such code snippets or cookies by Google by making the corresponding settings at http://www.google.com/settings/ads makes. The use of cookies by third-party providers can be deactivated by the user making the corresponding settings on the opt-out page of the network advertising initiative netzwerkadvertising.org (http://www.networkadvertising.org/managing/opt_out.asp).

The legal basis for the use of Google Analytics and/or the remarketing function it contains arises from Art. 6 (1) lit. f GDPR. The legitimate interest lies in the necessity of financing the Villa Schmidt website and in optimising the design of Villa Schmidt's advertisements. The aforementioned free setting options available to the user sufficiently safeguard the user's interests.

The purpose of the data collection is to optimise the Villa Schmidt website.

The anonymous data is deleted on Google's side in accordance with the deletion periods determined there.

c) Userlike live chat tool

If you use the live chat tool to contact us, the data you voluntarily enter there (name, e-mail address, message) will be processed by us pursuant to Art. 6 (1) sentence 1 lit. b GDPR for the purpose of answering the enquiry in the context of contract processing. In addition, the use of this tool serves to safeguard our legitimate interests in effective and improved customer communication, which prevail in the context of a balancing of interests, pursuant to Art. 6 (1) sentence 1 lit. f GDPR. The data will subsequently be deleted.

As part of processing carried out on our behalf, the third-party provider Userlike provides for us the services for the provision of the live chat tool. All data collected in the course of using the chat tool are processed on its servers.

d) Authorized.by badge

We have integrated content from authorized.by GmbH, Theresienstraße 66, 80333 München, in order to display and confirm to you as a user of our website the status as an authorised partner of the manufacturers whose products we sell. As a result, personally identifiable data is transmitted to authorized.by GmbH. Which data this is and how it is used can be found in the privacy policy at https://www.authorized.by.

The display of this content serves to safeguard our legitimate interests, which prevail in the context of a balancing of interests, in the optimal marketing of our offering pursuant to Art. 6(1) sentence 1 lit. f GDPR. No further personal data are transferred to authorized.by GmbH.

e) PayPal

We have integrated components from PayPal into our online shop. PayPal is an online payment service provider independent of Villa Schmidt. Payments are processed via so-called PayPal accounts, which constitute virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not hold a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no conventional account number. PayPal makes it possible to initiate online payments to third parties and also to receive payments. PayPal furthermore performs fiduciary functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If you select "PayPal" as the payment method during the ordering process in our web shop, data of the data subject are transmitted to PayPal automatically. By selecting this payment option, you consent to the transmission of personal data to PayPal required for payment processing.

The personal data transmitted to PayPal are generally first name, surname, address, e-mail address, IP address, telephone number, mobile telephone number or other data necessary for payment processing. Personal data connected with the respective order are also necessary for the processing of the purchase contract.

The transmission of the data serves the purposes of payment processing and fraud prevention. We transmit personal data to PayPal in particular where there is a legitimate interest in the transmission. The personal data exchanged between PayPal and us may in certain circumstances be transmitted by PayPal to credit reference agencies. This transmission serves the purpose of identity and credit checks.

PayPal may pass the personal data on to affiliated companies and service providers or subcontractors where this is necessary for the fulfilment of the contractual obligations or where the data are to be processed on behalf.

You have the option of revoking your consent to the handling of personal data vis-à-vis PayPal at any time. A revocation has no effect on personal data that must necessarily be processed, used or transmitted for (contractual) payment processing.

PayPal's applicable data protection provisions can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full be retrieved.

f) Payment by credit card

We also offer you the option of making your payments by credit card (VISA, Mastercard and American Express). In this case, we transmit your data to our payment service provider, Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter “Mollie”), which, as a service provider, reconciles your payment data with the respective credit institutions (VISA or Mastercard and American Express). Your credit card is charged via a payment form of Mollie's payment platform.

Mollie maintains high security standards and is fully PCI-DSS Level 1 certified. This is the "Payment Card Industry Data Security Standard", which describes a catalogue of binding rules for the protection of sensitive cardholder data. Companies must be able to guarantee this protection whenever they store, transmit or process credit card transactions.

When a payment method (e.g. credit card payment) is set up on the Villa Schmidt website, a so-called token/alias for a payment method (a randomly generated, unique character string) is generated and stored. This token/alias is transmitted to Mollie and used there for the assignment of the payment method, so that the complete card data does not have to be transferred again each time in communication with Mollie.

When paying by credit card, the following data is processed:

Master data
Communication data
Card type (VISA, Mastercard or American Express)
Name of the cardholder
Card number
Check digit
Period of validity

Credit card billing is carried out by:

Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands

Email: info@mollie.com

Telephone: +49 89 20194095

VAT ID no.: NL815839091B01

Registered with the Netherlands Chamber of Commerce (KvK) under number 30204462

Competent supervisory authority: De Nederlandsche Bank (DNB)

If you have further questions about the use of your personal data, you can contact Mollie by e-mail (privacy@mollie.com) or in writing (Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands).

g) Sentry (error analysis / performance monitoring)

We use the service "Sentry" to analyse errors and to improve the stability and security of our web offering. The provider is Functional Software, Inc. dba Sentry, 45 Fremont Street, 8th Floor, San Francisco, CA 94105, USA.

In the course of use, technical data (e.g. device/browser information), log data and error messages (e.g. time, page/function accessed, stack traces) in particular may be processed. Which content is transmitted in detail also depends on which information arises technically in an error situation and is configured by us.

The processing is carried out to safeguard our legitimate interests in the error-free, secure and efficient provision of our web offering (Art. 6(1)(f) GDPR). Where personal data are transferred to third countries (in particular the USA), this takes place on the basis of suitable guarantees (e.g. standard contractual clauses or - where applicable - an adequacy decision).

Further information: https://sentry.io/privacy/

h) Microsoft Clarity (usage analysis / session insights)

We use "Microsoft Clarity" to analyse usage behaviour on our website and thereby optimise user guidance and content (e.g. by means of heatmaps and session analyses). The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Dublin D18 P521, Ireland.

In this context, usage data (e.g. mouse movements, clicks, scrolling behaviour, pages visited), device and browser information as well as cookie/identifier data in particular may be processed.

As a matter of principle, processing takes place only with your consent (Art. 6(1)(a) GDPR in conjunction with § 25(1) TTDSG, insofar as cookies/similar technologies are used). You can revoke your consent at any time with effect for the future via our cookie settings.

Further information: https://clarity.microsoft.com/privacy and https://clarity.microsoft.com/terms as well as https://www.microsoft.com/privacy/privacystatement

i) Meta Ads (e.g. Meta Pixel / conversion measurement)

We use advertising services from Meta (Meta Ads) to measure the effectiveness of our advertising measures and to build target groups for adverts. The provider is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Depending on the integration, this may involve the collection of usage/event data (e.g. page views, interactions, conversion events), device information and cookie/identifier data. The data can help Meta to personalise adverts and to optimise the delivery/billing of campaigns.

Processing takes place only with your consent (Art. 6(1)(a) GDPR in conjunction with § 25(1) TTDSG, insofar as cookies/similar technologies are used). You can revoke your consent at any time with effect for the future via our cookie settings.

Note: Insofar as the integration gives rise to joint controllership (Art. 26 GDPR) for the collection/transmission of the event data, this takes place on the basis of the corresponding agreement with Meta.

Further information: https://www.facebook.com/about/privacy/ as well as (Controller Addendum) https://www.facebook.com/legal/controller_addendum

j) Google Ads (conversion tracking / remarketing)

We use "Google Ads" to deliver advertisements, to measure their success (conversion tracking) and, where applicable, to re-address visitors to our website as part of remarketing. The provider for Europe is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

In the course of use, cookie/identifier data, information on ad clicks, conversion data (e.g. whether a particular action was carried out), device/browser information and, where applicable, the IP address in particular may be processed.

Further information: https://policies.google.com/privacy

4. Rights of the data subject/user

The user has the following rights at any time with regard to his or her personal data, the exercise of which is free of charge for the user:

a) Access

The user has the right to request information at any time about the data stored about him or her by Villa Schmidt.

b) Rectification

In the event that the user's data has been stored incorrectly or incompletely, the user has the right to demand rectification and/or completion from Villa Schmidt. Villa Schmidt will communicate any rectification of the personal data or any restriction of processing to all recipients to whom the user's personal data has been disclosed, unless this proves impossible or involves a disproportionate effort. Villa Schmidt will inform the user about these recipients if the user so requests.

c) Restriction of processing

The user may demand the restriction of the processing of his or her data if the accuracy of the data collected is contested, the processing is unlawful or the purpose of the processing has been fulfilled but the user still needs the data for the establishment, exercise or defence of legal claims.

d) Deletion

The user can demand the erasure of their data if there is no legal basis, in particular no legitimate grounds, for the processing, or if the data is not subject to any retention obligation. Villa Schmidt will communicate any erasure of the personal data or any restriction of processing to all recipients to whom the user's personal data has been disclosed, unless this proves impossible or involves a disproportionate effort. Villa Schmidt will inform the user about these recipients if the user so requests.

e) Objection

The user may object to the processing of his or her personal data at any time; processing will then no longer take place unless Villa Schmidt can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the user, or the processing serves the establishment, exercise or defence of legal claims of Villa Schmidt.

f) Withdrawal

If the processing of the user's personal data for a specific purpose takes place on the basis of his or her consent, he or she may revoke it at any time. Until the time of revocation, the data processing remains lawful.

g) Right to lodge a complaint

The user has the right to lodge a complaint with the supervisory authority if he or she is of the opinion that the processing of data concerning him or her is unlawful. The complaint is to be addressed to:

Independent Centre for Privacy Protection Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein)

PO Box 71 16, 24171 Kiel
Holstenstraße 98, 24103 Kiel
Telephone: 0431/988-1200
Fax: 0431/988-1223
Email: mail@datenschutzzentrum.de
Internet: http://www.datenschutzzentrum.de

h) Right to data portability

The user has the right to have the data provided to the controller pursuant to clause 1.a) transferred to a third party in a structured, commonly used and machine-readable format. In addition, the user has the right to transmit these data held by Villa Schmidt to another controller, without hindrance by Villa Schmidt, where

a) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and

b) the processing is carried out using automated procedures.

When exercising the right to data portability, the user has the right to have the personal data transmitted directly by Villa Schmidt to another controller, where this is technically feasible.

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

j) Exercising the rights

If the user intends to exercise the above rights, he or she is asked to contact the controller under clause 1.a) by post, fax or e-mail at the addresses stated there.

Our duty to inform under the Battery Act (Batteriegesetz)

Used batteries do not belong in household waste. You can return used batteries free of charge at our dispatch warehouse. As a consumer, you are legally obliged to return used batteries.

Batteries containing pollutants are marked with a symbol consisting of a crossed-out wheelie bin and the chemical symbol (Cd, Hg or Pb) of the heavy metal decisive for their classification as containing pollutants:

1. "Cd" stands for cadmium. 2. "Hg" stands for mercury. 3. "Pb" stands for lead.