Data protection
Responsible person in terms of the basic data protection regulation
The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations is the:
4-Shisha GmbH
Alte Bottroper Straße 76
45356 Essen
+49 (0)178 8511787
support@4-shisha.de
www.4-shisha.de
The controller is the natural or legal person, public authority, agency or other body (in our case: legal entity) which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Scope of the processing of personal data
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our contents and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Basic Regulation (DSGVO) serves as the legal basis.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary for the implementation of pre-contractual measures.
Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 paragraph 1 letter f DSGVO serves as the legal basis for the processing.
Data deletion and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Blocking or erasure of data is also carried out when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
Log files
Whenever our website is called up, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:
- The IP address of the user
- Date and time of access
- Websites from which the user's system reaches our website
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. It is saved in log files to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.
The data will be deleted as soon as they are no longer required for the purpose for which they were collected. In the case of the collection of data for the purpose of providing the website, this is the case when the respective session has ended. In the case of storage of the data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user.
Cookies
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change. The following data is stored and transmitted in the cookies:
the so-called session ID, which is required to recognise several related requests of the user and to assign them to a session (to a shopping basket).
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change. We require cookies for the following applications:
Shopping cart
The user data collected through technically necessary cookies is not used to create user profiles.
These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.
Cookies are stored on the user's computer and transmitted by the user to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website to their full extent.
Newsletter
On our website you can subscribe to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us. In addition, the following data is collected during registration:
Date and time of registration
For the processing of the data, your consent will be obtained during the registration process and reference will be made to this data protection declaration.
In connection with the data processing for the dispatch of newsletters, the data will not be passed on to third parties. The data will be used exclusively for sending the newsletter.
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 Para. 1 lit. a DSGVO if the user has given his consent.
The collection of the user's e-mail address is used to send the newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
The data will be deleted as soon as they are no longer required for the purpose of their collection. The user's e-mail address is therefore stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process is usually deleted after a period of seven days.
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter.
Registration
On our website, we offer users the opportunity to register by entering personal data. The data is entered into an input mask, transmitted to us and stored. The data will not be passed on to third parties. The following data is collected during the registration process:
-date and time of registration
-IP address of the user
- First name
- Last name
- Address
During the registration process, the user's consent to the processing of this data is obtained.
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
Registration of the user is required for the provision of certain contents and services on our website. These are the following services:
- Insight into current and previous orders
- Saving the shipping address
- Creation of a wish list.
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. This is the case for the data collected during the registration process if the registration on our website is cancelled or modified.
As a user, you have the possibility to cancel the registration at any time. You can change the data stored about you at any time. To do so, simply make an informal request to the person responsible (for contact details see section 1).
E-mail contact
An e-mail address is provided on our website for the purpose of contact by the user. If a user takes advantage of this opportunity, the user's personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
The legal basis for the processing of the data is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.
The processing of personal data serves solely to process the contact. This also includes the necessary legitimate interest in processing the data.
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For personal data, this is the case when the respective conversation with the user has ended. The conversation ends when it is clear from the circumstances that the matter in question has been conclusively clarified.
The user can object to the storage of his personal data at any time. In such a case the conversation cannot be continued. The objection can be made by means of an informal request to the person responsible (Item 1). In this case, all personal data stored in the course of the contact will be deleted.
Order and payment processes
If you place an order via our homepage, we collect the personal data required for this process. We pass on this data to logistics service providers, as far as this is necessary for the execution of the contract. We will pass on the data provided by you for the processing of the payment transaction to the credit institution named by you, insofar as this is necessary for the processing of the payment transaction. We work together with various payment service providers, which we will discuss in more detail below.
The legal basis for the collection and forwarding of this data is Art. 6 para. 1 lit. b DSGVO.
PayPal
As far as no tobacco products are available for purchase, we use the online payment service PayPal, as well as the functions "Installment payment Powered by PayPal" and "PayPal PLUS". Payments can therefore be processed via PayPal accounts, which are virtual private or business accounts. In addition, PayPal offers the possibility to process virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also assumes trustee 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 payment option during the ordering process in our online shop, personal data is automatically transmitted to PayPal. By selecting this payment option, you consent to the transmission of personal data required for the processing of the payment.
The personal data transmitted to PayPal is usually first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary for the processing of payments. Personal data that are related to the respective order are also necessary for processing the purchase contract.
The transmission of the data is intended for payment processing and fraud prevention. We will transmit personal data in particular if there is a legitimate interest in the transmission. The personal data exchanged between PayPal and us may be transmitted by PayPal to credit agencies. The purpose of this transmission is to check identity and creditworthiness.
The legal basis for the data processing is Art. 6 para. 1 lit. f DSGVO.
PayPal may pass on the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil contractual obligations or if the data is to be processed on behalf of an order.
You have the possibility to revoke your consent to PayPal to handle personal data at any time. Revocation does not affect personal data that must be processed, used or transmitted for the (contractual) handling of payments.
You can find PayPal's current data protection regulations here:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Immediately (formerly IMMEDIATE TRANSFER)
We work together with the online payment service SOFORT. Use this service, transmit the online PIN of your bank account as well as a specific TAN to Sofort GmbH, which will then check your account balance and thus the expected success of the transaction and then send us a transaction confirmation.
The operating company is SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany, which belongs to the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden).
We will only pass on the data provided by you within the scope of the ordering process to SOFORT GmbH if and insofar as this is necessary for the processing of the payment transaction.
The legal basis for the transfer of this data is Art. 6 para. 1 lit. b DSGVO.
The valid data protection regulations of SOFORT GmbH can be found here:
https://www.klarna.com/sofort/datenschutz
social media
We use the "Product Share Button" of the developer Kiplingi as a plug-in.
There is no collection of personal data when using the corresponding button.
You can find Kiplingi's current privacy policy here:
http://www.kiplingi.de/privacy.html
analysis tools: Google Analytics
Our website uses Google Analytics, a web analysis service of Google Inc. (following: Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, your IP address will be shortened by Google within member states of the European Union or in other states which are party to 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 shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide further services to the website operator in connection with website and internet use. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google.
The purposes of data processing are to evaluate the use of the website and to compile reports on activities on the website. On the basis of the use of the website and the Internet, further associated services are then to be provided. The processing is based on the legitimate interest of the website operator.
The legal basis for data processing is Art. 6 Para. 1 letter f DSGVO.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
Further information and Google's applicable privacy policy can be found here:
https://www.google.de/intl/de/policies/privacy/
http://www.google.com/analytics/terms/de.html
Further information on Google Analytics can be found here: https://www.google.com/intl/de_de/analytics/
CRM tools: freshdesk
We use the CRM system freshdesk to systematise our users' enquiries and optimise our response process. A customer enquiry is automatically forwarded to the CRM tool freshdesk, which assigns a ticket number and automatically informs the user. All further correspondence is then conducted using the ticket number, so that all information about the transaction is automatically bundled. This leads to a much faster and more effective response to customer enquiries than with conventional, manual processing.
The German operating company is Freshworks GmbH, Alte Jakobstraße 85/86, Hof 3, Haus 6, 10179 Berlin.
Freshedesk only uses the user's data for the technical processing of the enquiries; the data is not passed on to third parties. The use of freshdesk requires that the user provides at least one e-mail address. Should the collection of further data (e.g. name, address) become necessary in the course of further processing, this shall be subject to the consent of the respective user.
The legal basis for data processing is Art. 6 para. 1 lit. f DSGVO. If the user gives his consent for the further collection of data, the legal basis is Art. 6 para. 1 lit. a DSGVO.
The use of freshdesk is optional. If the user wishes a conventional handling of his request by manually controlled e-mail, telephone or fax, he can inform the person responsible (clause 1) informally. The use of freshdesk is then refrained from. If data has already been transferred to frehsdesk, it will be deleted immediately.
You can find the valid data protection regulations of freshdesk here:
https://freshdesk.de/datenschutz/dsgvo
Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:
Right of access to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller on the following:
- the purposes for which the personal data are processed
- the categories of personal data which are processed;
- the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed
- the planned duration of storage of the personal data concerning you or, if it is not possible to specify this, criteria for determining the duration of storage;
- the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- any available information concerning the origin of the data when the personal data are not collected from the data subject;
- the existence of automated decision making, including profiling, in accordance with Art. 22 (1) and (4) DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 of the DPA in connection with the transfer.
Right of rectification
You have the right to ask the data controller to correct and/or complete any personal data processed concerning you if it is incorrect or incomplete. The data controller must make the correction without delay.
Right to limit processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of the processing, but you need it for the purposes of asserting, exercising or defending legal claims; or
if you have lodged an objection to the processing in accordance with Art. 21 Para. 1 DSGVO and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Where data are processed for scientific, historical or statistical research purposes:
Your right to restrict processing may be limited to the extent that it is likely to make it impossible or seriously prejudicial to the achievement of the research or statistical purposes and that the restriction is necessary for the achievement of the research or statistical purposes.
Right of cancellation
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a DPA and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 Paragraph 1 DSGVO and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 Paragraph 2 DSGVO.
The personal data concerning you have been processed unlawfully.
The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the DPA.
If the data controller has made the personal data concerning you public and is obliged to delete them pursuant to Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or to make copies or replications of these personal data.
The right of cancellation does not apply insofar as the processing is necessary
on the exercise of the right to freedom of expression and information;
to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the field of public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) DSGVO;
for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
to assert, exercise or defend legal claims.
Right to information
If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the data controller.
Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been communicated, provided that
the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6, paragraph 1, letter e or f of the DPA; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate that there are compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing is for the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.
You may exercise your right of objection in relation to the use of information society services by means of automated procedures involving technical specifications, without prejudice to Directive 2002/58/EC.
When processing data for scientific, historical or statistical research purposes:
You also have the right to object, for reasons arising from your particular situation, to the processing of personal data concerning you for scientific, historical or statistical research purposes in accordance with Article 89, paragraph 1 of the DPA.
Your right of objection may be limited to the extent that it is likely to make the realisation of the research or statistical purposes impossible or to seriously impair them and the limitation is necessary for the fulfilment of the research or statistical purposes.
Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the lawfulness of the processing that has taken place on the basis of your consent until revocation.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects in relation to you or significantly affects you in a similar way. This does not apply if the decision
is necessary for the conclusion or fulfilment of a contract between you and the person responsible,
is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 paragraph 1 DSGVO, unless Art. 9 paragraph 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to challenge the decision.
Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the suspected infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.