Data Protection Declaration in accordance with GDPR
Thank you for your interest in our company.
With the following information we would like to provide you with an overview of our processing of your personal data and your rights arising from the German Federal Data Protection Act (Bundesdatenschutzgesetz). The particular data that is processed and in what way it is used is essentially determined by the requested or agreed services. Therefore, not all parts of this information will be relevant for you.
In general: We, Avantgarde Spirits Company, take the protection of your personal data very seriously. We indicate that this website is exclusively intended for persons who have reached the age of majority.
You can use our website without providing any personal data. If a data subject wants to use services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will always obtain the consent of the data subject.
The processing of personal data (e.g. the name, address, e-mail address, or telephone number of a data subject) shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to us.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through our website. However, data transmissions via the Internet can always contain security vulnerabilities. Therefore, we cannot guarantee 100% protection. Therefore, every data subject can of course also transmit personal data to us alternatively, e.g. by telephone.
This data protection declaration is based on the definitions used by the European Directive and Regulation (Article 4 GDRP). This data protection declaration should be both easy to read and easy to understand for any person. To ensure this, we would first like to explain the terms used. These definitions, among others, are used in this privacy statement:
- “personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- “data subject” means any identified or identifiable natural person whose personal data are processed by the controller.
- “processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- “restriction of processing” means the marking of stored personal data with the aim of limiting their future processing;
- “profiling” means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location;
- “controller‘ means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.
- “‘recipient‘ means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules, in accordance with the purposes of the processing;
- “third party” means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorised to process the personal data;
- “consent‘ means any freely given specific, informed and unambiguous indication of the data subject’s wishes, in the form of a statement or other unambiguous affirmative act, by which the data subject signifies his or her agreement to personal data relating to him or her being processed.
2. Name and Contact Details of The Controller
This privacy notice applies to data processing by:
Avantgarde Spirits Company GmbH, Hertzstrasse 6
represented by the Managing Director: Vivienne Gruica
3. Collection and Storage of Personal Data and The Nature And Purpose of Their Usea) When Visiting Our Website
In principle, you can use our website without disclosing your identity. When you access our website, the browser used on your terminal device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automatic deletion:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the retrieved file,
- Website from which the access is made (referrer URL),
- the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The aforementioned data will be processed by us for the following purposes:
- Ensuring a smooth connection of the website,
- Ensuring a comfortable use of our website,
- Evaluation of system security and stability, and
- for other administrative purposes.
The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f GDRP. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.
b) When Using Our Contact Form
For questions of any kind, we offer you the possibility to contact us via a form provided on our website. It is necessary to provide a valid e-mail address so that we know from whom the request originates and to be able to answer it. Further information can be provided voluntarily. It is your free decision whether you want to enter this data in the contact form.
Data processing for the purpose of contacting us is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a GDRP on the basis of your voluntarily given consent.
The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request.
c) For Orders Placed Via Our Website
You can either place orders via our website as a guest without registering or register in our shop as a customer for future orders. A registration has the advantage for you that you can log in directly with your e-mail address and password in our shop in case of a future order without having to enter your contact details again.
Your personal data is entered into an input mask and transmitted to us and stored. If you place an order via our website, we collect the following data first, both in the case of a guest order and in the case of registration in the shop:
- Salutation, first name, last name,
- a valid e-mail address,
- Telephone number (landline and/or mobile)
The collection of this data takes place,
- to be able to identify you as our customer;
- in order to be able to process, fulfil and handle your order;
- for correspondence with you;
- for invoicing purposes;
- for the settlement of any existing liability claims, as well as the assertion of any claims against you;
- to ensure the technical administration of our website;
- to manage our customer data.
As part of the ordering process, consent is obtained from you for the processing of this data.
The data processing is carried out in response to your order and/or registration and is necessary for the aforementioned purposes in accordance with Art. 6 Para. 1 S. 1 lit. b GDRP for the appropriate processing of your order and for the mutual fulfilment of obligations arising from the purchase contract.
The personal data collected by us for the processing of your order will be stored until the expiry of the statutory storage obligation and then deleted, unless we are obliged to store data for a longer period of time in accordance with Article 6 (1) sentence 1 lit. c GDRP due to tax and commercial law storage and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this in accordance with Article 6 (1) sentence 1 lit. a GDRP.
4. Disclosure of Data
A transfer of your personal data from us to third parties takes place exclusively to the service partners involved in the contract processing, such as the logistics company commissioned with the delivery and the credit institution commissioned with payment matters. In the cases of the passing on of your personal data to third parties, however, the scope of the transmitted data is limited to the necessary minimum.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or “purchase on account” via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or “purchase on account” via PayPal. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, these have their basis in a scientifically recognised mathematical-statistical procedure. Among other things, address data is included in the calculation of the score values. Further information on data protection can be found in the PayPal data protection principles: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Your personal data will not be transferred to third parties for purposes other than those mentioned above.
We also only share your personal information with third parties when:
- you have given your express consent to this in accordance with Art. 6 Para. 1 S. 1 lit. a GDRP,
- the disclosure is necessary in accordance with Art. 6 (1) sentence 1 lit. f GDRP for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
- in the event that a legal obligation exists for the disclosure pursuant to Art. 6 (1) sentence 1 lit. c GDRP, as well as
- this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b GDRP for the processing of contractual relationships with you.
As part of the ordering process, we obtain your consent to pass on your data to third parties.
In the cookie, information is stored that arises in each case in connection with the specific end device used. However, this does not mean that we gain direct knowledge of your identity.
In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain fixed period of time. If you visit our site again to make use of our services, it is automatically recognised that you have already been with us and which entries and settings you have made so that you do not have to enter them again.
The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 (1) sentence 1 lit. f GDRP.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.
6. Links to Third Party Websites
The links published on our website are researched and compiled by us with the greatest possible care. However, we have no influence on the current and future design and content of the linked pages. We are not responsible for the content of the linked pages and expressly do not adopt the content of these pages as our own. For illegal, incorrect or incomplete contents as well as for damage, which develops from the use or non-use of the information, alone the offerer of the Web Site, to which one referred, is responsible. The liability of the person who merely refers to the publication by a link is excluded. We are only responsible for external references if we have positive knowledge of them, i.e. also of possible illegal or punishable content, and if it is technically possible and reasonable for us to prevent their use.
7. Analysis and Tracking Tools
The tracking measures listed below and used by us are carried out on the basis of Art. 6 (1) p. 1 lit. f GDRP. With the tracking measures used, we would like to ensure a needs-based design and the ongoing optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate in the sense of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
a) Google Analytics 1
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analytics service provided by Google Inc. (https://policies.google.com/technologies/cookies) 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised usage profiles are created and cookies are used (see under point 5). The information generated by the cookie about your use of this website such as.
- Browser type/version,
- operating system used,
- Referrer URL (the previously visited page),
- Host name of the accessing computer (IP address),
- Time of the server request,
will be transmitted to and stored by Google on servers in the United States. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services associated with the use of the website and the Internet for the purposes of market research and the design of these Internet pages to meet requirements. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially with browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on the aforementioned link. An opt-out cookie will be set, which prevents the future collection of your data when visiting our website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found under the following link in the Google Analytics help: https://support.google.com/analytics/answer/6004245?hl=de.
b) Google Adwords Conversion Tracking
In order to statistically record the use of our website and to evaluate it for the purpose of optimising our website for you, we also use Google Conversion Tracking. In this process, Google Adwords sets a cookie (see section 5) on your computer if you have accessed our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.
Each Adwords customer receives a different cookie. Cookies can therefore not be tracked via the websites of Adwords customers. The information collected using the conversion cookie is used to create conversion statistics for Adwords customers who have opted in to conversion tracking. Adwords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users.
8. Social media plugins
We use social plugins of social networks (e.g. Facebook, Twitter, Google+) on our website on the basis of Art. 6 (1) sentence 1 lit. f GDRP in order to make our company better known. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of the GDRP. The responsibility for data protection compliant operation is to be ensured by their respective providers. The integration of these plugins by us takes place by way of the so-called two-click method in order to protect visitors to our website as best as possible.
Social media plugins from Facebook are used on our website to make their use more personal. For this purpose, we use the “LIKE” or “SHARE” button. This is an offer from Facebook.
If you call up a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website.
By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged into Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.
If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by clicking the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook for everyone to see.
Facebook may use this information for the purposes of advertising, market research and demand-oriented design of the Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.
If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting my website.
For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to the data protection information, in particular the data policy of Facebook, which you can view under the following link: https://www.facebook.com/about/privacy/.
On our website, plugins of the short message network of Twitter Inc. (Twitter) are integrated. You can recognise the Twitter plugins (tweet button) by the Twitter logo on our page. An overview of tweet buttons can be found under this link at Twitter: https://dev.twitter.com/web/tweet-button
When you visit a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter thereby receives the information that you have visited our site with your IP address. If you click the Twitter “tweet button” while you are logged into your Twitter account, you can link the content of our pages on your Twitter profile. This allows Twitter to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter.
If you do not want Twitter to be able to associate your visit to our pages, please log out of your Twitter user account.
c) Google “+1” button
Our website uses the “+1” button of the social network Google, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA. The button is marked with a “+1”.
The “+1” button is shorthand for “that’s pretty cool” or “check this out”. The button is not used to track your visits to the web.
If a web page of our website contains the “+1” button, your internet browser will load and display this button from the Google server. The Google server is automatically informed of the website you visited on our website. When displaying a +1 button, Google does not permanently log your browsing history, but only for a period of up to two weeks.
Google holds this data about your visit for this period for system maintenance and troubleshooting purposes. However, this data is not structured by individual profiles, usernames, or URLs. This information is also not available to site publishers or advertisers. This information is used only for maintenance and troubleshooting purposes in internal systems at Google. Your visit to a page with a +1 button is also not evaluated by Google in any other way.
A further evaluation of your visit to a web page of our website with a “+1” button does not take place.
Giving a +1 is itself a public process, which means that anyone who performs a Google search or views content on the web that you +1 can potentially see that you have given a +1 to that content. Therefore, only give a +1 if you’re absolutely sure you want to share that recommendation with the whole world.
A click on this +1 button serves as a recommendation for other users in Google’s search results. You can publicly communicate that you like our website, our website meets your approval or that you can recommend our website. If you have registered for Google+ and are logged in, the +1 button turns blue when clicked. In addition, the +1 is added to the +1 tab in your Google profile. On this tab, you can manage your +1s and decide whether you want to make the +1 tab public.
In order to store your +1 recommendation and make it publicly available, Google collects information about the URL you recommended, your IP address and other browser-related information via your profile. If you withdraw your +1, this information is deleted. All +1 recommendations from you are listed on the +1 tab in your profile.
9. Data Subject Rights
You have the right:
- in accordance with Art. 15 GDRP to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data, if it was not collected by me, as well as the existence of automated decision-making, including profiling and, if applicable, meaningful information about its details;
- in accordance with Art. 16 GDRP to demand the immediate correction of incorrect or completion of your personal data stored by us;
- in accordance with Art. 17 GDRP to request the deletion of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- to demand the restriction of the processing of your personal data in accordance with Art. 18 GDRP, insofar as the correctness of the data is disputed by you, the processing is unlawful, but you object to its deletion and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 GDRP;
- pursuant to Art. 20 GDRP to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller;
- to revoke your consent at any time in accordance with Art. 7 (3) GDRP. This has the consequence that we are no longer allowed to continue the data processing based on this consent for the future and
- complain to a supervisory authority in accordance with Art. 77 GDRP. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.
10. Right of Objection
If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDRP, you have the right to object to the processing of your personal data pursuant to Art. 21 GDRP, provided that there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.
If you would like to make use of your right of revocation or objection, it is sufficient to send an e-mail to: email@example.com.
11. Data Security
Within the website visit, we use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
Due to the further development of our website and offers on it or due to changed legal or official requirements, it may become necessary to change this data protection declaration. The current data protection declaration can be called up and printed out at any time on our website under the following link:
1 Data protection authorities require the conclusion of a data processing agreement for the permissible use of Google Analytics. A corresponding template is offered by Google at http://www.google.com/analytics/terms/de.pdf.
Source: Sample data protection declaration created by lawyer Andreas Gerstel (https://www. anwaltblog24.de/)