Privacy Policy

Data protection declaration
 

1) Introduction and contact details of the controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to personally identify you.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Whisky Arena UG (haftungsbeschränkt) & Co. KG, Ammerseestrasse 4, 82061 Neuried, Germany, Tel.: +4917611110537, E-Mail: info@whiskyarena.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 The controller has appointed a data protection officer who can be contacted as follows: ‘Carsten Hirschberg, Ammerseestrasse 4, 82061 Neuried, +49-176-10511137, datenschutzbeauftragter@whiskyarena.de’
 

2) Data collection when you visit our website
 

2.1 If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to the page server (so-called ‘server log files’). When you visit our website, we collect the following data, which is technically necessary for us to display the website:
 

• Our visited website
• Date and time of access
   
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymised form)
   

The processing is carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.
2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or requests to the controller). You can recognise an encrypted connection by the character string ‘https://’ and the lock symbol in your browser line.
 

3) Cookies
 

We use cookies, which are small text files placed on your device, to make visiting our website more attractive and to enable the use of certain functions. Some of these cookies are automatically deleted after closing the browser (so-called ‘session cookies’), while some of these cookies remain on your device for longer and enable the storage of page settings (so-called ‘persistent cookies’). In the latter case, you can see the storage period in the overview of the cookie settings of your web browser.
If personal data is also processed by individual cookies we use, the processing is carried out in accordance with Art. 6 (1) point b GDPR, either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can adjust the settings on your browser so that you are informed when cookies are set and can decide whether to accept them on a case-by-case basis, or to exclude the acceptance of cookies in certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.
 

4) Contact
 

When you contact us (e.g. using a contact form or by email), we process personal data solely for the purpose of handling and responding to your request and only to the extent necessary to do so.
The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
 

5) Data processing when opening a customer account

In accordance with Art. 6 (1) point b GDPR, personal data transmitted by you to us for opening a customer account will continue to be collected and processed to the extent required. The required input data for opening an account can be seen on the input mask of the corresponding form on our website.
You can delete your customer account at any time by sending a message to the above address of the controller. After deletion of your customer account, your data will be deleted, provided that all contracts concluded through it have been fully processed, there are no legal retention periods to the contrary and we have no legitimate interest in further storage.
 

6) Use of customer data for direct advertising

6.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only information required for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter, which ensures that you only receive the newsletter after you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the specified email address.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 (1) point a GDPR. In doing so, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later point in time. The data collected by us when registering for the newsletter is used strictly for the intended purpose.
You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the controller named at the beginning. After you have unsubscribed, your email address will be immediately deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use the data in a manner that goes beyond the scope permitted by law and about which we inform you in this statement.
6.2 Sending the e-mail newsletter to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for goods or services similar to those already purchased from our range by e-mail. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail.
You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by sending a message to the controller named at the beginning. You will only incur the transmission costs according to the basic rates for this. After we receive your objection, we will immediately stop using your email address for advertising purposes.
 

7) Data processing for order processing

7.1 Insofar as it is necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provided when placing the order (name, address, email address) in order to personally inform you of upcoming updates within the legally prescribed period and in accordance with our legal information obligations pursuant to Art. 6 (1) point c GDPR, using a suitable means of communication (e.g. by post or email). Your contact details will be used strictly for the purpose of providing information about updates that we owe and will only be processed by us to the extent necessary for the respective information.
In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
7.2 In the case of orders for age-restricted goods, we ensure that you have reached the legally required minimum age for the goods in question in accordance with the applicable law for the protection of minors. For this purpose, we use an age verification procedure that allows us to ensure your personal identification (age check) and, if necessary, authentication. For this purpose, we use the Ident-Check service provided by DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn.
For the purpose of verifying the required minimum age, some of your personal data will be transmitted to the above service provider. This data processing is carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interests in ensuring that our offer complies with the law on the protection of minors, which outweighs our interests, and also to comply with the statutory provisions on the protection of minors.
7.3 Use of payment service providers (payment services)
– Mollie
This website offers one or more online payment methods from the following provider: Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands
If you select a payment method from the provider that requires you to pay in advance (such as a credit card payment), your payment data (including name, address, bank and payment card information, currency and transaction number) provided during the ordering process, as well as information about the content of your order, will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing the payment with the provider and only to the extent necessary.
- SOFORT
One or more online payment methods from the following provider are available on this website: SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany
If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), your payment data (including name, address, bank and payment card information, currency and transaction number) provided during the ordering process, as well as information about the content of your order, will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing the payment with the provider and only to the extent necessary.
 

8) Site functionalities

8.1 Vimeo
This website uses plugins to display and play videos from the following provider: Vimeo.com, Inc., 330 West 34th Street, 10th Floor, New York, NY 10001, USA
When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the provider's servers to load the plugin. In doing so, certain information, including your IP address, is transmitted to the provider.
If you start to play an embedded video using the plug-in, the provider also uses cookies to collect information about user behaviour, create playback statistics and prevent improper use.
If you are logged into a user account with the provider while visiting the site, your data will be directly associated with your account when you click on a video. If you do not want the data to be associated with your account, you must log out before clicking the play button.
All the aforementioned processing, in particular the setting of cookies for reading information on the end device used, will only take place if you have given us your express consent to do so in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service using the ‘Cookie Consent Tool’ provided on the website.
For data transfers to the US, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
8.2 Youtube
This website uses plugins to display and play videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data may also be transmitted to: Google LLC, USA
When you visit a page on our website that contains a social plugin, your browser establishes a direct connection to the servers of the provider to load the plugin. In doing so, certain information, including your IP address, is transmitted to the provider.
If you start to play an embedded video using the plug-in, the provider also uses cookies to collect information about user behaviour, create playback statistics and prevent improper use.
If you are logged into a user account with the provider while visiting the site, your data will be directly associated with your account when you click on a video. If you do not want the data to be associated with your account, you must log out before clicking the play button.
All the aforementioned processing, in particular the setting of cookies for reading information on the end device used, will only take place if you have given us your express consent to do so in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service using the ‘Cookie Consent Tool’ provided on the website.
For data transfers to the US, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
 

9) Tools and Miscellaneous
 

Cookie consent tool
This website uses a so-called ‘cookie consent tool’ to obtain effective user consent for cookies and cookie-based applications that require consent. The ‘cookie consent tool’ is displayed to users when they visit the site in the form of an interactive user interface on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate boxes. When the tool is used, all cookies/services requiring consent are only loaded if the respective user gives their consent by ticking the appropriate box. This ensures that such cookies are only set on the user's device if consent has been given.
The tool sets technically necessary cookies to store your cookie preferences. Personal user data is generally not processed in this process.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and, consequently, in a legally compliant design of our website.
Another legal basis for the processing is also Article 6(1)(c) GDPR. As the controller, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Where necessary, we have concluded an order processing contract with the provider that ensures the protection of the data of our site visitors and prohibits unauthorised disclosure to third parties.
Further information about the operator and the setting options for the cookie consent tool can be found directly in the corresponding user interface on our website.
 

10) Rights of the data subject

10.1 The applicable data protection law grants you the following rights (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective conditions of exercise:
 

• Right of access in accordance with Art. 15 GDPR;
• Right to rectification in accordance with Art. 16 GDPR;
• Right to erasure in accordance with Art. 17 GDPR;
• Right to restriction of processing in accordance with Art. 18 GDPR;
• Right to notification in accordance with Art. 19 GDPR;
• Right to data portability in accordance with Art. 20 GDPR;
• Right to withdraw consent in accordance with Art. 7 (3) GDPR;
   
• Right to lodge a complaint in accordance with Art. 77 GDPR.

10.2 RIGHT TO OBJECT
IF, IN THE CONTEXT OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO FILE AN OBJECTION TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WHICH ARE WORTHY OF PROTECTION AND WHICH OUTWEIGH YOUR INTERESTS, fundamental rights and freedoms, or for the establishment, exercise or defence of legal claims.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
 

11) Duration of the storage of personal data

The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of the processing and, if relevant, additionally on the basis of the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of express consent in accordance with Art. 6 (1) point a GDPR, the data concerned will be stored until you revoke your consent.
If there are statutory retention periods for data that is processed in the context of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data is routinely erased after the retention period has expired if it is no longer required for the fulfilment or initiation of a contract and/or if we have no legitimate interest in further storage.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, this data is stored until you exercise your right to object in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until you exercise your right of objection under Art. 21 (2) GDPR.
Unless otherwise provided in the other information in this declaration regarding specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

Copyright notice: This data protection declaration was created by the specialist lawyers of the IT-Recht Kanzlei and is protected by copyright (https://www.it-recht-kanzlei.de)

As at: 25/09/2024, 19:13:27