Privacy Policy by Gustav Daiber GmbH

Responsible for the processing of data is:
Gustav Daiber GmbH
Vor dem Weißen Stein 25-31
72461 Albstadt
[email protected]

Phone: +49 743270160

Thank you for visiting our online shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.

1. Access data and hosting
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request. These access data are analysed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to Art. 6 (1) 1 lit. f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website.

1.1 Hosting
The services for hosting and displaying the website are partly provided by our service providers on the basis of processing on our behalf. Unless otherwise stated in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

1.2 Content Delivery Network
For the purpose of a shorter loading time, we use for some offers a so-called Content Delivery Network ("CDN") . This service provides content, e.g. large media files, via regionally distributed servers of external CDN service providers. For this reason, access data will be processed on the servers of these service providers. We engage our service providers on the basis of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

2. Data processing for the purposes of processing the contract, establishing contact
2.1 Data processing for the purposes of performing the contract
For the purpose of performing the contract (including enquiries regarding the processing of any existing warranty and performance fault claims as well as any statutory updating obligations) in accordance with Art. 6 (1) (b) GDPR, we collect personal data if you provide it to us voluntarily as part of your order. Mandatory fields are marked as such, as in these cases we necessarily need the data to process the contract and we cannot send the order without their specification. Which data is collected can be seen from the respective input forms.

Further information on the processing of your data, in particular on the forwarding of the data to our service providers for the purpose of order, payment and shipping, can be found in the following sections of this privacy policy. 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 in accordance with Art. 6 (1) (c) GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy.

Merchandise management system
We use merchandise management systems of external service providers for order and contract processing. We engage our service providers on the basis of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

Data transmission for the purposes of age verification
If your order includes goods the sale of which is subject to age restrictions, we ensure that the person ordering has reached the required minimum age by using a reliable procedure including a personal identity and age check. For this purpose, the SCHUFA IdentityCheck is used on our website. This service is operated by SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany (hereinafter SCHUFA). In order to ensure the required minimum age, individual personal data (e.g. name, address and date of birth) are transmitted to SCHUFA Holding AG within this framework. A so-called identity check with Q-bit is then carried out, which was positively evaluated by the Commission for the Protection of Minors in the Media (KJM) for age verification.
According to Art. 6 (1) (f) GDPR, the transmission of data to SCHUFA serves to safeguard our legitimate interests in ensuring an offer conforming to the protection of minors as well as the protection of the statutory provisions for the protection of minors that are overriding in the process of balancing interests. In this respect, there is no credit assessment.

2.2 Customer account
We collect personal data if you voluntarily provide it to us when opening a customer account. Mandatory fields are marked as such, since in these cases we require the data to open the customer account and you cannot complete the account opening without providing it. Which data is collected can be seen from the respective input forms. We use the data you provide to perform the contract and handle your inquiries in accordance with Art. 6 (1) (b) GDPR. The deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted, unless you have expressly consented to further use of your data pursuant to Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy.

2.3 Establishing contact
As part of our customer communication, we collect personal data in order to process your enquiries in accordance with Art. 6 (1) (b) GDPR if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, as in these cases we necessarily need the data to process your enquiry. Which data is collected can be seen from the respective input forms. After your enquiry has been fully processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy.

3. Data processing for the purposes of shipment
We forward your data to the shipping company within the scope required for the delivery of the ordered goods according to Art. 6 (1) (b) GDPR.

Data transmission to a shipping provider for the purpose of shipment notification
Provided that you have given us your explicit consent, during or after your order, we will forward your e-mail address and phone number in accordance with Art. 6 (1) (a) GDPR to the selected shipping provider in order to enable them to contact you for the purpose of shipment notification or coordination prior to shipment.
This consent may be withdrawn at any time by sending a message to the contact information described in this privacy policy or directly to the shipping provider using the contact address listed below. After consent withdrawal, we will delete the data you have provided for this purpose, unless you have expressly consented to further use of your data or we have reserved the right to use your data for other purposes which are permitted by law and about which we inform you in this privacy policy. ​​

United Parcel Service Deutschland S.à r.l. & Co. OHG
Görlitzer Straße 1
41460 Neuss
Germany

General Logistics Systems Germany GmbH & Co. OHG
GLS Germany-Straße 1 - 7
DE-36286 Neuenstein
Germany

DHL Paket GmbH
Sträßchensweg 10
53113 Bonn
Germany

4. Data processing for the purposes of payment
As part of the payment process in our online shop, we work together with these partners: technical service provider, credit institution, payment service provider.

4.1 Data processing for the purposes of transaction processing
Depending on the selected payment method, we forward the data necessary for processing the payment transaction to our technical service providers, who act for us on the basis of processing on our behalf or to the authorised credit institutions or to the selected payment service provider insofar as this is necessary for the payment process. This serves the fulfilment of the contract according to Art. 6 (1) (b) GDPR. In certain cases, payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via technical solution within the ordering process. In this respect, the privacy policy of the respective payment service provider applies. If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy.

4.2 Data processing for the purposes of fraud prevention and optimisation of our payment processes
We may forward other data to our service providers, which they use for the purpose of fraud prevention and to optimise our payment processes (e.g. invoicing, processing of contested payments, accounting support) together with the data necessary to process the payment as our processors.
This serves to safeguard our legitimate interests in fraud prevention or an efficient payment management in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests.

4.3 Credit assessment
In cases where we make deliveries before payment (e.g. in the case of a purchase on invoice) we will have to obtain information about your identity and creditworthiness using the services of specialised service providers (credit reference agencies) for the purpose of contract formation according to Art. 22 (2) (a) GDPR. To this end, we will transfer your personal data needed for the credit assessment to:

Creditreform Boniversum GmbH
Hammfelddamm 13
41460 Neuss
Germany

This serves to safeguard our legitimate interests in assessing the creditworthiness and willingness to pay of our potential customers prior to the conclusion of the contract and thus to avoid financial losses in accordance with Art. 6 (1) (f) GDPR, that are overriding in the process of balancing of interests. This is necessary for the conclusion of the contract in accordance with Art. 22 (2) (a) GDPR. In this process, we will apply appropriate measures to respect your rights, freedoms and legitimate interests. You can contact us via the contact option specified in this privacy policy to present your position and contest the decision.
​​​​​​​After full implementation of the contract and after expiry of the tax and commercial legal retention periods, your data processed for this purpose will be deleted, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes which are permitted by law and about which we inform you in this notice.

5. Marketing via E-mail, Mail
5.1 E-Mail advertising without subscription to the newsletter and your right to opt out
If we receive your email address in connection with the sale of a product or service and you have not opted out, we reserve the right to regularly email you offers for products from our product range that are similar to those you have already purchased. This serves the protection of our legitimate interests in promoting and advertising our products to customers that are overriding in the process of balancing of interests.
You can opt out of this use of your email address at any time by sending a message to the contact option specified in this privacy policy or by using the opt-out link in the advertising email, without incurring any costs beyond the cost of transfer calculated at the base rates. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to the further use of your data according to Art. 6 (1) (a) GDPR or we have reserved the right to use your data for other purposes that are permitted by law and about which we inform you in this privacy policy.

5.2 Newsletter mailing
The newsletter is sent to you by our service provider who processes data on our behalf and to whom we disclose your email address. ​​​​​​​If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

5.3 Postal advertising and your right to opt out
Furthermore, we reserve the right to use your first and last name and your postal address for our advertising purposes, e.g. for sending interesting offers and information about our products by post. This serves to safeguard our legitimate interests in promoting and advertising our products to customers according to Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests. You can opt out of the storage and use of your data for these purposes at any time by sending a message to the contact option specified below.

The advertisements are sent to you by our service provider who processes data on our behalf and to whom we disclose your data for this purpose.

6. Cookies and further technologies
6.1 General information
In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser during your next visit (persistent cookies). We use such technologies that are strictly necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies are used to collect and process IP addresses, time of visit, device and browser information as well as information on your use of our website (e.g. information on the contents of the shopping basket). This serves to safeguard our legitimate interests in an optimised presentation of our offer in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests.

In addition, we use technologies to fulfil the legal obligations, which we are subject to (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.

On our website we may use other technologies, which are not listed individually in this privacy policy. Further information on these technologies and the respective legal basis can be found on the platform of our consent management service Usercentrics.

You can access the plattform by clicking on the fingerprint button in the bottom right or left corner of the page.

You can find the cookies settings for your browser by clicking on the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™

If you have consented to the use of the technologies in accordance with Art. 6 (1) (a) GDPR, you can withdraw your consent at any time by sending a message to the contact option described in the privacy policy. Alternatively, you can also click on the fingerprint button in the lower right or left corner of the page. If cookies are not accepted, the functionality of our website may be limited.

6.2 Use of Usercentrics Consent Management Platform for obtaining and managing consent
On our website we use the Usercentrics Consent Management Platform ("Usercentrics") to inform you about the cookies and the technologies we use on our website and to obtain, manage and document your consent to the processing of your personal data by these technologies. This is required under Art. 6 (1) (c) GDPR to fulfil our legal obligation under Art. 7 (1) GDPR to be able to prove your consent to the processing of your personal data, to which we are subject. The consent management service Usercentrics is provided by Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich, Germany, which processes your data on our behalf. When you visit our website, Usercentrics' web server stores a so-called server log file, which also contains your anonymised IP address, the date and time of your visit, device and browser information as well as information on your consent behaviour. Your data will be deleted after three years, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use your data in a manner that goes beyond this, which is legally permitted and about which we inform you in this privacy policy.

7. Use of cookies and other technologies for web analytics and advertising purposes
If you have given your consent in accordance with Art. 6 (1) (a) GDPR, we use the following cookies and other third-party technologies on our website. The data collected in this context will be deleted after the relevant purpose has been fulfilled and we have ended the use of the respective technology. You can withdraw your consent at any time with effect for the future. Further information on your withdrawal options can be found in the section "cookies and further technologies". Further information including the legal basis for data processing can be found within the respective technologies. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

7.1 Use of Adobe services for webanalysis and advertising purposes
We use the technologies described below from Adobe Systems, Software Ireland Limited, Ireland, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland ("Adobe"). The information automatically collected by Adobe technologies about your use of our website is generally transmitted to and stored on a server operated by Adobe, Inc, 345 Park Avenue San Jose, CA 95110-2704, USA. For the USA, there is no adequacy decision of the European Commission. Our cooperation is based on standard data protection clauses of the European Commission. If your IP address is collected via Adobe technologies, it is shortened or completely replaced by a generic IP address before being stored on Adobe servers by activating appropriate settings.

Adobe Fonts
In order to provide a uniform presentation of the content on our website, the script code "Adobe Fonts" collects data (IP address, time of visit, device and browser information), transmits it to Adobe and then processes it by Adobe. We have no influence on this subsequent data processing.  The data processing is carried out on the basis of an agreement between jointly responsible parties in accordance with Art. 26 GDPR.

7.2 Use of Google services for web analysis and advertising purposes
We use the following technologies of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is usually transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision with respect to the USA by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission. If your IP address is collected using Google technologies, it will be shortened by activating IP anonymisation before being stored on Google's servers. Only in exceptional cases will the full IP address be transferred to a Google server and shortened there. Unless otherwise specified for the specific technologies, data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 GDPR. Further information about data processing by Google can be found in Google's privacy policy.

Google Analytics
For the purpose of website analytics, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which usage profiles are created using pseudonyms. Cookies can be used for this purpose. Your IP address will not be merged with other data from Google. The data processing is based on a data processing agreement with Google.

In order to optimize the marketing of our website, we have activated the data sharing settings for "Google products and services". This allows Google to access the data collected and processed by Google Analytics and then use it to improve Google services. The data sharing to Google within the scope of these data sharing settings is based on an additional agreement between the data controllers. We have no influence on the subsequent data processing by Google.

For the purposes of optimized marketing of our website, we use the so-called user ID function. With the help of this function, we can assign a unique, permanent ID to your interaction data for one or more sessions on our websites and thus analyze your user behavior across devices and sessions.

We also use the extension function of Google Analytics Google Optimize to create and run tests.

For web analytics purposes, the extension function of Google Analytics Google Signals enables so-called "cross-device tracking". If your internet-enabled devices are linked to your Google Account and you have activated the "personalised advertising" setting in your Google Account, Google can generate reports on your usage behaviour (in particular cross-device user numbers), even if you change your device. We do not process personal data in this respect; we only receive statistics based on Google Signals.

For web analytics and advertising purposes, the extension function of Google Analytics enables the so-called DoubleClick cookie to recognize your browser when visiting other websites. Google will use this information to compile reports about your website activities and to provide other services related to the use of the website.

For website analysis and event tracking, we use Google Ads Conversion Tracking to measure your subsequent usage behavior when you arrive on our website via a Google Ads ad. For this purpose, cookies may be used and data (IP address, time of visit, device and browser information as well as information on your use of our website based on events specified by us, such as a visit to a website or newsletter registration) may be collected, from which usage profiles are created using pseudonyms.

Google Fonts
For the purpose of a uniform presentation of the contents on our website, data (IP address, time of visit, device and browser information) are collected by the script code "Google Fonts", transmitted to Google and then processed by Google. We have no influence on this subsequent data processing.

YouTube Video Plugin
In order to integrate third party content, data (IP address, time of visit, device and browser information) are collected via the YouTube Video Plugin in the expanded data protection mode used by us, transmitted to Google and then processed by Google only when you play a video.

7.3 Other providers of web analytics - and online-marketing-services
Use of Hotjar for web analytics
For the purpose of web analytics, technologies of Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 3155, Malta (hereinafter "Hotjar") are used to automatically collect and store data (IP address, time of visit, device and browser information as well as information on your use of our website), from which user profiles are created using pseudonyms. Cookies can be used for this purpose. The pseudonymised user profiles are not merged with personal data about the bearer of the pseudonym without the express consent of the user, which must be given separately. Hotjar acts on our behalf.

8. Social Media
Our online presence on Facebook (by Meta), Youtube, Instagram (by Meta)
If you have given your consent to the respective social media provider in accordance with Art. 6 (1) (a) GDPR, when you visit our online presence on the social media mentioned above, your data will be automatically collected and stored for market research and advertising purposes, from which user profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are usually used for this purpose. For detailed information on the processing and use of data by the respective social media provider, as well as a contact option and your rights and settings options for the protection of your privacy, please refer to the provider's privacy policies linked below. Should you still require assistance in this regard, please contact us.

Facebook (by Meta) is provided by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland (hereafter "Meta Platforms Ireland ") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is usually transferred to a server of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, California 94025, USA and stored there. There is no adequacy decision for the United States by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission. Data processing in the context of a visit to a Facebook (by Meta) fan page is based on an agreement between joint controllers in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.

Instagram (by Meta) is provided by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland (hereafter "Meta Platforms Ireland ") The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is typically transferred to and stored on a server at Meta Platforms Inc, 1 Hacker Way, Menlo Park, California 94025, USA. There is no adequacy decision for the United States by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission. Data processing in the context of a visit to an Instagram (by Meta) fan page is based on an agreement between joint controllers in accordance with art. 26 DSGVO. Further information (information on Insights data) can be found here.

YouTube is provided by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (hereafter "Google"). The information automatically collected by Google about your use of our online presence on YouTube is generally transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision for the United States by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission.

9. Contact options and your rights
9.1 Your rights
Being the data subject, you have the following rights according to:

art. 15 GDPR, the right to obtain information about your personal data which we process, within the scope described therein;
art. 16 GDPR, the right to immediately demand rectification of incorrect or completion of your personal data stored by us;
art. 17 GDPR, the right to request erasure of your personal data stored with us, unless further processing is requiredto exercise the right of freedom of expression and information;
for compliance with a legal obligation;
for reasons of public interest or
for establishing, exercising or defending legal claims;
art. 18 GDPR, the right to request restriction of processing of your personal data, insofar asthe accuracy of the data is contested by you;
the processing is unlawful, but you refuse their erasure;
we no longer need the data, but you need it to establish, exercise or defend legal claims, or
you have lodged an objection to the processing in accordance with art. 21 GDPR;
art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller;
art. 77 GDPR, the right to complain to a supervisory authority . As a rule, you can contact the supervisory authority at your habitual place of residence or workplace or at our company headquarters.

Right to object
If we process personal data as described above to protect our legitimate interests that are overriding in the process of balancing of interests, you may object to such data processing with future effect. If your data are processed for direct marketing purposes, you may exercise this right at any time as described above. If your data are processed for other purposes, you have the right to object only on grounds relating to your particular situation.

After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes.

9.2 Contact options
If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, restrict or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact:
Sven Kunze
Vor dem Weißen Stein 25-31
72461 Albstadt
​​​​​​​Germany
[email protected]

Data protection Officer:
Zimmer EDV GmbH
Esslinger Straße 69
72124 Pliezhausen
Germany
07127928940
[email protected]

Datenschutzerklärung erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.