Thank you for your interest in our company. We take data protection seriously.
In principle, you can use our website without providing any personal data. If a person concerned wishes to use the services of our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we always obtain the consent of the person concerned.
The processing of personal data (e.g. name, address, e-mail address or telephone number of a data subject) is always carried out in accordance with the Basic Data Protection Regulation (DSGVO) and in compliance with the country-specific data protection regulations applicable to us.
With the following data protection declaration we would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. This data protection declaration also informs affected persons about their rights.
As data controllers, we have implemented numerous technical and organisational measures to ensure that the personal data processed via our website is protected as completely as possible. However, data transmissions via the Internet can generally contain security gaps. Therefore, a 100 % protection cannot be guaranteed. For this reason, every person concerned can, of course, alternatively provide us with personal data, e.g. by telephone.
This data protection declaration is based on the definitions used by the European legislator when the DSGVO was adopted (Article 4 DSGVO). This data protection declaration should be both easy to read and easy to understand for every person. To ensure this, we would first like to explain the terms used. These definitions are used in this data protection declaration, among others:
- "personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "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, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
- "data subject" shall mean any identified or identifiable natural person whose personal data are processed by the controller
- "processing" shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- "limitation of processing" means the marking of stored personal data with a view to limiting their processing in the future;
- "profiling" means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person
- "controller" shall mean the natural or legal person, public authority, agency or any 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 national law, provision may be made for the controller or the specific criteria for his or her designation in accordance with Union or national law
- "recipient" shall mean any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation task under Union or national law shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing;
- "third party" means any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data
- "consent" of the data subject means any freely given specific, informed and unequivocal expression of his or her wishes in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. The name and contact details of the controller
Responsible: fruitweb GmbH, represented by the managing directors Markus Boos, Peter Maxin, Hendrik Röhm, e-mail: firstname.lastname@example.org, phone: +49 (0)4162 913964, fax: +49 (0)4162 913965
3. collection and storage of personal data and the nature and purpose of their use
a) When visiting the website
You can use our website without disclosing your identity. When you call up our website, information is automatically sent to the server of our website by the browser used on your terminal device. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the retrieved file,
- Website from which the access takes place (referrer URL),
- the browser used and, if applicable, the operating system of your computer and the name of your access provider.
The above-mentioned data will be processed by us for the following purposes:
- To ensure a smooth connection of the website,
- Guarantee a comfortable use of our website,
- Evaluation of system security and stability and
- for other administrative purposes.
The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f DSGVO. Our legitimate interest follows from the above-mentioned purposes for data collection. Under no circumstances do we use the data collected 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. In order to do so, it is necessary to enter a valid e-mail address so that we know who the enquiry comes from and can answer it. Further information can be given voluntarily. It is your free decision whether you wish 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 DSGVO 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 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. Registration has the advantage for you that you can log in to our shop directly with your e-mail address and password in the event of a future order without having to enter your contact details again.
Your personal data will be entered into an input mask and transmitted to us and stored. If you place an order via our website, we collect the following data both in the case of a guest order and in the case of a registration in the shop:
Salutation, first name, last name,
- a valid e-mail address,
- Telephone number (fixed network and/or mobile)
The collection of this data is carried out,
- to be able to identify you as our customer;
- to be able to process, fulfil and handle your order;
- to correspond with you;
- for billing purposes;
- to process any liability claims that may exist and to assert any claims against you;
- to ensure the technical administration of our website;
- to manage our customer data.
During the ordering process, your consent to the processing of this data is obtained.
The data processing is carried out upon your order and/or registration and is required in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO for the aforementioned purposes 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 deleted thereafter, unless we are obliged to store the data for a longer period of time in accordance with Article 6 Paragraph 1 S. 1 lit. c DSGVO 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 Paragraph 1 S. 1 lit. a DSGVO.
4. transfer of data
Your personal data will be passed on by us to third parties exclusively to the service partners involved in the execution of the contract, such as the logistics company commissioned with the delivery and the credit institute commissioned with payment matters. In cases where your personal data is passed on to third parties, the amount of data transmitted is limited to the necessary minimum.
In the case of payment via PayPal, credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal, we will 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 referred to as "PayPal") within the scope of payment processing. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal. The result of the credit assessment with regard to the statistical probability of non-payment shall be used by PayPal for the purpose of deciding whether to provide the respective payment method. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Among other things, address data is included in the calculation of the score values. You can find further information on data protection law 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 will also only pass on your personal data to third parties if:
- you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO,
- the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is necessary 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 not disclosing your data,
- in the event that there is a legal obligation to pass on the data in accordance with Art. 6 para. 1 sentence 1 lit. c DSGVO, and
- this is legally permissible and required for the processing of contractual relationships with you in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO.
During the ordering process, your consent to the transfer of your data to third parties will be obtained.
Information is stored in the cookie that is related to the specific terminal device used. This does not mean, however, that we are immediately informed of your identity.
In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain defined 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 required for the above-mentioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that a message always appears before a new cookie is created. However, completely deactivating cookies may mean that you cannot use all the functions of our website.
6. Links to websites of third parties
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 damages resulting from the use or non-use of the information, only the provider of the linked website is liable. 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 criminal 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 para. 1 sentence 1 lit. f DSGVO. With the tracking measures used, we want to ensure that our website is designed to meet the needs of our customers and is continuously optimised. On the other hand, we use the tracking measures to record the use of our website statistically and evaluate it for the purpose of optimising our offer for you. These interests are to be regarded as justified in the sense of the aforementioned regulation.
Matomo Analysis Tool
On our website we use Matomo (formerly: "PIWIK"). This is an open-source analysis software with which we can analyse the use of our internet pages. In doing so, your IP address, the website(s) of our Internet presence that you visit, the website from which you have switched to our Internet presence (referrer URL), your length of stay on our Internet presence as well as the frequency with which one of our websites is called up are processed.
These data are stored exclusively on our server. It is not passed on to third parties. Furthermore, no cookies are set on your computer. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis and optimization of our Internet presence.
However, we use Matomo with the anonymization function "Automatically Anonymize Visitor IPs". This anonymization function shortens your IP address by two bytes so that an assignment to you or to the Internet connection you are using is impossible.
If you use the opt-out, a cookie is stored on your terminal device via your Internet browser, which prevents further analysis. Please note, however, that you will have to click the above link again if you delete the cookies stored on your terminal device.
9. Rights of persons concerned
You have the right:
- to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you may request information on the purposes of the processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned duration of storage, the existence of a right of rectification, cancellation, restriction of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected from me, as well as the existence of automated decision making including profiling and, if applicable, meaningful information on the details thereof;
- in accordance with Art. 16 DSGVO, to demand without delay the correction of incorrect or incomplete personal data stored by us;
- pursuant to Art. 17 DSGVO to demand the deletion of your personal data stored with us, unless 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;
- pursuant to Art. 18 DSGVO, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, if the processing is unlawful but you refuse to delete it and we no longer require the data, but you require it for the assertion, exercise or defence of legal claims, or if you have lodged an objection to the processing pursuant to Art. 21 DSGVO
- in accordance with Art. 20 DSGVO, to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party;
- in accordance with Art. 7 Para. 3 DSGVO to revoke your once given consent to us at any time. As a result, we may no longer continue the data processing based on this consent for the future and
- to complain to a supervisory authority in accordance with Art. 77 DSGVO As a rule, you can turn to the supervisory authority of your usual place of residence or workplace or to our head office.
10. Right of objection
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, if there are reasons for doing so that arise from your particular situation or if the objection is directed against direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without indicating a special situation.
If you wish to exercise your right of revocation or objection, simply send an e-mail to: email@example.com
11. Data security
We use the common SSL (Secure Socket Layer) method 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 being transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.
We also use suitable technical and organisational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
12. topicality and amendment of this data protection declaration
This data protection declaration is currently valid and is dated December 2019.
It may become necessary to amend this data protection declaration as a result of the further development of our website and offers on it or due to changes in legal or official requirements.