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Privacy Policy

1. Information about the collection of personal data and contact details of the person responsible
2. Data collection when visiting our website
3. Cookies
4. Data processing for order processing
5. Data processing when opening a customer account and for the performance of the contract
6. Contacting us
7. Use of your data for direct advertising
8. Use of social media: Video
9. Web analytics services
10. Using a live chat system
11. Rights of the data subject
12. Storage duration of personal data

1. Information about the collection of personal data and contact details of the person responsible

1.1. Thank you for visiting our website. In the following, we would like to inform you about the processing of your personal data when using our website. Personal data is basically all data with which you can be personally identified.

1.2. Responsible for the processing of data on our website within the meaning of the General Data Protection Regulation (GDPR) is:

gemhype.com GmbH
Mühlwiesenstraße 28
55743 Kirschweiler
Germany
Phone: +49167814504525
E-mail: info@gemhype.com

1.3. In order to protect the security of your data during transmission, we use state-of-the-art encryption methods (e. g. SSL or TSL) via HTTPS.

2. Data collection when visiting our website

Each time our website is accessed, our system automatically collects data and information that your browser transmits to our server (“server log files”). The following data, which is technically necessary for us, is collected:

  • The pages visited on our website
  • Date and time of access
  • Amount of data sent in bytes
  • Source / reference from which you came to the page
  • Operating system used
  • Browser used
  • IP address used (if necessary: in anonymous form)

The legal basis for processing is Article 6 (1) lit. f GDPR [German DSGVO] due to our legitimate interest in improving the stability and maintaining the functionality of our website. The data will not be passed on or used in any other way. The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. To do this, the user’s IP address must remain stored for the duration of the session.
We reserve the right to check the server log files retrospectively if there are specific indications of illegal use. The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the event of data collection for the provision of the website, this takes place when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Further storage 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 retrieving client. The collection of the 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 consequently no possibility for the user to object.

3. Cookies

Our website uses cookies.

Cookies are text files that are stored on the user’s end device. If a user retrieves a website, a cookie can be stored on the user’s operating system. Some functions of our website cannot be offered without the use of cookies. For this purpose, it is necessary that the browser is recognised even after changing pages. The user data collected through technically necessary cookies are not used to create user profiles. In the above purposes, our legitimate interest lies in the processing of personal data in accordance with Article 6 (1) lit. f) GDPR.

In addition, our website uses cookies that enable an analysis of the surfing behaviour of users (third-party cookies). You can find more information on the scope, purpose, legal basis and options for objection in the respective sections of the respective chapter of this Privacy Policy.

As a user, you have full control over the use of cookies. You can deactivate, restrict or delete the transmission of cookies by changing the settings in your internet browser. If you deactivate cookies for our website, you may not be able to use all functions of the website to their full extent. You can prevent the transmission of Flash cookies by changing the Flash Player settings.

You can find help on the settings in the respective help menu of your browser under the following links:
Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Some of the cookies used here are deleted after you close your browser (session cookies). Other cookies remain on your device and enable us or our partner companies (third-party cookies) to recognise your browser the next time you visit (persistent cookies). If cookies are accepted, they collect and process certain user information such as browser and location data as well as IP address values to the individual extent. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.


4. Data processing for order processing

4.1. If you would like to place an order in our online shop, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order. We process the data you provide to process your order.

Sometimes we work with external service providers to process your order. For this reason, we have to pass on the necessary personal data.

If we commission transport companies with the delivery of your goods, we pass on the data required for the delivery of the goods to the respective transport company. For the processing of payments, we pass on your data to the commissioned bank as necessary. If we use payment service providers, you will also be informed of this in the following.
The legal basis for the transfer of your data is Article 6 (1) 1 lit. b GDPR.

4.2. Use of payment service providers

- PayPal
When choosing the payment method PayPal, credit card by PayPal, direct debit via PayPal or – if offered – “payment on account” or “payment by instalments” by PayPal, the payment is processed by PayPal (Europe) S. à. r. l. et Cie, S. C. A. , 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”).
We provide PayPal with your personal data as necessary in accordance with Article 6 (1) lit. b GDPR. PayPal reserves the right to perform a credit check for the following payment methods: credit card via PayPal, direct debit via PayPal or – if available – “payment on account” or “payment by instalments” via PayPal.
For this purpose, your payment details may be processed in accordance with Article 6 (1) lit. f GDPR and passed on to credit agencies on the basis of PayPal’s legitimate interest in determining your solvency. PayPal uses the result of the credit check with regard to the statistical probability of default for the purpose of deciding on the provision of the respective payment method.
The credit report can contain probability values (score values). Inasmuch as score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.
For information on any additional data that PayPal might collect, please refer to PayPal’s privacy policy. It can be found at:

https://www. paypal.com/de/webapps/mpp/ua/privacy-full
you may object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of your payment.

- SOFORT
If the “SOFORT” payment method is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “SOFORT”).
We provide SOFORT with your personal data along with the information about your order in accordance with Article 6 (1) lit. b GDPR only for the purpose of processing your payment and only to the extent necessary.
Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden).
SOFORT’s data protection provisions can be viewed here:

https://www.klarna.com/sofort/datenschutz

5. Data processing when opening a customer account and for the performance of the contract

If you open a customer account with us, your personal data will be collected and processed according to Article 6 (1) lit. b GPDR. The scope of the data can be seen from the input form. The data you enter is saved and used by us for the performance of the contract.
You can delete your customer account at any time. This can be done by sending a message to the address of the person responsible or, if available, directly in the customer account. In this case, we will also delete your data in accordance with tax and commercial law retention periods and delete it after these periods have expired. Only your consent to permanent storage or a legally permitted further use of data on our part can prevent this.

6. Contacting us

If you contact us using the contact form, the data entered in the input screen is transmitted to us and saved. The data collected can be found in the respective input screen. When you contact us by e-mail, only the data you have entered there is transmitted to us.
The data is only used to process the correspondence and your request. The legal basis for processing the data is Article 6 (1) lit. a) GDPR. The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6 (1) lit. f) GDPR. If the purpose of the e-mail communication is the conclusion of a contract, then the additional legal basis for the processing is Article 6 (1) lit. b) GDPR. The data is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected and provided that no statutory retention requirements exist. For personal data retrieved from the input screen of the contact form and data sent by e-mail, the data is deleted once the respective conversation with the user has ended. The conversation has ended when it can be inferred from the circumstances that the matter in question has been finally clarified. The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the communication cannot be continued.

7. Use of your data for direct advertising

7.1. Newsletter

You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input screen is transmitted to us. The only requirement hereby is that you provide your e-mail address. If you make further voluntary entries, they will only be used for personal communication.

The legal basis for the processing of your data after registration for the newsletter is Article 6 (1) lit. a GDPR. We obtain it by sending you a confirmation e-mail after registering for the newsletter, which contains a confirmation link. If you click on this link, you also give your consent to receiving the newsletter.
When sending the registration for the newsletter, we store your IP address and the date and time of registration. The storage serves the purpose of being able to trace a possible misuse of your e-mail address.

We use the data we collect when registering for the newsletter only for the purpose of sending the newsletter.

You may unsubscribe from the newsletter at any time. For this purpose, each newsletter features a corresponding link. Unsubscribing will also revoke the consent to the storage of personal data collected during the registration process.

7.2. Mail advertising

If you have provided us with your first and last name, postal address and any other personal data as a result of placing an order with us, we reserve the right to protect our legitimate interest in sending personalised direct mail / offers and saving your data in accordance with Article 6 (1) lit. f GDPR.

You may object to the storage and use of your data for this purpose at any time by sending a message to the person in charge.

8. Use of social media: Video

Use of YouTube videos

On this website, we use the YouTube embedding function to display and play back videos from the provider “YouTube”, which is owned by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W Ireland (“Google”). We use the extended data protection mode, which, according to the provider, only starts storing user information when a video is played back. When you start playing embedded YouTube videos, the provider “YouTube” uses cookies to collect information about your user behaviour. According to YouTube, they are used, among other things, to record video statistics, improve user-friendliness and prevent abusive practices. If you are logged in to Google, your data is assigned directly to your account.

If you do not want your YouTube profile to be assigned, you must log out before playing back the video. Google stores your data (even of users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out – in particular – in accordance with Article 6 (1) lit. f GDPR on the basis of Google’s legitimate interests in displaying customised advertising, conducting market research and / or designing our website as needed. It is also carried out on the basis of our legitimate interest in integrating the videos in accordance with Article 6 (1) lit. f GDPR to evaluate user behaviour, designing our website in accordance with user interest and exploiting the financial potential of our website.

You have a right to object to the creation of these user profiles. You must contact YouTube to exercise it. Regardless of whether the embedded videos are played back, a connection to the Google “DoubleClick” network is established each time this website is accessed, which may trigger further data processing operations without our influence.

It may also be used to transmit data to the servers of Google LLC in the USA. In the event of personal data transfer to Google LLC, based in the USA, Google LLC has certified itself for the US-European data protection treaty “Privacy Shield”, which guarantees compliance with the data protection standards applicable in the EU. Further information on data protection at YouTube can be found in the provider’s privacy policy at: https://www.google.de/intl/de/... or at:
https://adssettings.google.com/authenticated.

9. Web analytics services

9.1. Google Analytics

We use the Google Analytics web analytics service for this website (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland).
Google Analytics uses cookies. They are text files that are stored on your computer and that enable analysing your use of the website.

The information thereby generated about your use of this website (including the shortened IP address) is transmitted to a Google server and stored there, whereas transmission to the USA is possible.

We use Google Analytics with the “_anonymizeIp()”extension, which ensures the anonymisation of the IP address by shortening it and excludes direct personal reference. Your IP address is therefore be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. In exceptional cases, the full IP address is transferred to a Google server, including in the USA, and is only shortened there.
In these exceptional cases, this processing takes place in accordance with Article 6 (1) lit. a GDPR, i. e. your express consent.

On our behalf, Google uses this information to evaluate your website usage, generate reports on website activity and provide us with other services related to website activity and internet usage. Your IP address collected in this context will not be merged with other Google data.

You can prevent the storage of cookies by setting your browser accordingly.

You can also prevent the collection of the 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 the following browser plug-in:

http://tools.google.com/dlpage/gaoptout?hl=de

Alternatively, you can set an opt-out cookie:
Deactivate Google Analytics

The opt-out cookie only works in this browser and only for this domain. If you delete your cookies in this browser, you will have to click this link again.

In the event of data transfer to Google LLC based in the USA, Google LLC is certified for the US-European data protection treaty “Privacy Shield”, which guarantees compliance with the data protection standards applicable in the EU.

This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “Personal data”.

Google’s privacy policy:
https://support.google.com/analytics/answer/6004245?hl=de

9.2. Shopify Analytics

We use Shopify’s web analytics service (Shopify International Limited, Victoria Buildings, 2nd floor,

1-2 Haddington Road, Dublin 4, D04 XN32, Ireland).

To protect our legitimate interest in the statistical analysis of user behaviour for optimisation and marketing purposes, Shopify collects, evaluates and stores pseudonymised visitor data, from which pseudonymised user profiles can be created and evaluated. Shopify uses cookies to recognise the browser and thus enable a more precise determination of the statistical data. Your IP address is also collected, but pseudonymised immediately after collection, before it is saved, so that no personal reference is possible.

The legal basis is Article 6 (1) lit. a GDPR, i. e. your express consent.

Shopify does not associate your IP address with other Shopify data.

In order to object to the data collection and creation of pseudonymised user profiles and the setting of cookies with future effect, you can deactivate the use of cookies on your computer globally by setting your internet browser in such a way that cookies can no longer be stored on your computer in the future or cookies already stored are deleted. Disabling all cookies may, however, mean that some functions on our website can no longer be used in full.

Shopify’s privacy policy can also be found at:
https://www.shopify.de/legal/datenschutz

10. Using a live chat system

Zendesk (formerly Zopim)
On this website, we use the live chat system of Zendesk Inc. , 1019 Market St, San Francisco, USA (www.zendesk.com).
Anonymous data is collected and stored for the purpose of web analysis and to operate the live chat system, which answers live support requests. Usage profiles can be created from this anonymised data under a pseudonym. Cookies can also be used for this purpose. They allow recognising the internet browser. If the information collected in this way has a personal reference, the legal basis for the processing is Article 6 (1) lit. f GDPR.

Our legitimate interest lies in effective Customer service and statistical analysis of user behaviour for optimisation purposes. The data is not used to personally identify the visitor to this website without the consent of the data subject. No data is merged with personal data about the bearer of the pseudonym.

You can avoid the storage of cookies by setting your internet browser in such a way that cookies can no longer be stored on your computer in the future or cookies already stored are deleted. However, this may mean that some functions on our website can no longer be performed. You have the option to object to the collection and storage of data for the purpose of creating a pseudonymised user profile at any time with future effect. Send us your objection informally by e-mail to our e-mail address stated at the beginning of this privacy policy.

Zendesk Inc., based in the USA, is certified for the US-European data protection treaty “Privacy Shield”, which guarantees compliance with the data protection standards applicable in the EU.

11. Rights of the data subject

11.1. The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) in relation to the person responsible with regard to the processing of your personal data, about which we inform you below:

- Right to information according to Article 15 GDPR:
You can request confirmation from the person responsible, whether personal data concerning you is processed by the person responsible. In addition, you have a right to information about the purpose, the categories of personal data, the recipients, the planned duration of storage and the existence of other rights such as the right to correction of data or the right to lodge a complaint with a supervisory authority, the origin of your data (if it was not collected by us), the existence of automated decision-making, including profiling and, if necessary, meaningful information about the rationale involved and the scope that affects you and the intended effects of such processing, as well as your right to be informed about the guarantees according to Article 46 GDPR when forwarding your data to third countries;

- Right to correction according to Article 16 GDPR:
You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us; the correction or completion must take place immediately.

- Right to restriction of processing according to Article 18 GDPR:
You have the right to request that the processing of your personal data be restricted as long as the correctness of your data, which you dispute, is being verified. If you refuse to have your data deleted due to inadmissible data processing and instead request the restriction of the processing of your data if you are requesting your data to assert, exercise or defend legal claims after we no longer need this data, after the purpose has been achieved or if you have objected to reasons of your particular situation, as long as it is not certain whether our legitimate reasons outweigh them;
If the processing of your personal data has been restricted, this data – apart from its storage – may only be obtained with your consent or to assert, exercise or defend legal claims or to protect the rights of another private individual or legal entity or for reasons of important public interest of the Union or a member state. If the restriction on processing has been limited, you will be informed by the person responsible before the restriction is lifted.

- Right to deletion according to Article 17 GDPR:
You have the right to the immediate deletion of your personal data if the requirements of Article 17 (1) GDPR are met. However, this right to deletion does not exist in particular - not exhaustively - if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

- Right to information according to Article 19 GDPR:
If you have exercised your right to correction, deletion or restriction of processing, the person responsible is obligated to inform all recipients to whom your personal data has been disclosed of this correction, deletion or restriction of processing; if this is not impossible or if it is but only with a disproportionate amount of effort. You also have the right to be informed about who these recipients are.

- Right to data portability according to Article 20 GDPR:
You have the right to receive your personal data provided to us in a structured, standard and machine-readable format or to request the transfer to another person responsible, insofar as this is technically possible;

- Right to withdraw according to Article 7 (3) GDPR:
You have the right to object at any time to the processing of your personal data that is based on Article 6 (1) lit. e) or f) GDPR; this also applies to profiling based on these provisions.
You also have the right to withdraw your declaration of consent under data protection law at any time with future effect. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal.

- Right to lodge a complaint in accordance with Article 77 GDPR:
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, your place of work or the place of the alleged breach, if you believe that the processing of your personal data is against the GDPR.

11.2. Right to object

You have the right to object to the processing of your data at any time with future effect if we process your data based on our overriding legitimate interest after weighing up your interests.
If you exercise this right to object, we will end the processing of your data if there are no demonstrable compelling legitimate reasons for the termination or if the further processing serves to exercise or defend legal claims.

12. Storage duration of personal data

The duration of the storage of personal data depends on the statutory retention periods. After their expiry, we routinely delete the data if it is no longer required to fulfil or initiate the contract and / or if we have no legitimate interest in further storage.