1) Information on the collection of personal data and contact details of the data 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 any data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Pharma Gerke GmbH, Friederich-Bergius-str. 13, 41516 Grevenbroich, Germany, Tel.: 0218129710, Fax: 0218173902, E-Mail: firstname.lastname@example.org. 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 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 enquiries to the person responsible). You can recognise an encrypted connection by the string “https://” and the lock symbol in your browser line.
2) Data collection when visiting our website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:
– Our visited website
– Date and time at the time of access
– Amount of data sent in bytes
– Source/reference from which you reached 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 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not 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.
3.1 When contacting us (e.g. via contact form or e-mail), personal data is processed exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose.
The legal basis for processing this data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3.2 WhatsApp Business
We offer visitors to our website the possibility to contact us via the messaging service WhatsApp of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called “business version” of WhatsApp.
If you contact us via WhatsApp on the occasion of a specific transaction (for example, an order placed), we store and use the mobile phone number you use on WhatsApp and – if provided – your first and last name in accordance with Art. 6 Para. 1 lit. b. DSGVO to process and respond to your request. On the basis of the same legal basis, we may ask you to provide further data (order number, customer number, address or email address) via WhatsApp in order to be able to assign your request to a specific process.
If you use our WhatsApp contact for general enquiries (e.g. about the range of services, availability or our website), we store and use the mobile phone number you use on WhatsApp and – if provided – your first name and surname in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in providing the requested information efficiently and promptly.
Your data will only be used to respond to your request via WhatsApp. Your data will not be passed on to third parties.
Please note that WhatsApp Business obtains access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. For the operation of our WhatsApp Business account, we use a mobile end device in whose address book only the WhatsApp contact data of those users who have also contacted us via WhatsApp are stored.
4) Data processing when opening a customer account
Pursuant to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed to the extent required in each case if you provide us with this data when opening a customer account. The data required for opening an account can be found in the input mask of the corresponding form on our website. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. After deletion of your customer account, your data will be deleted, provided that all contracts concluded via it have been fully processed, no legal retention periods are opposed and no legitimate interest on our part in the continued storage exists.
5) Use of customer data for direct advertising
5.1 Subscription to our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. Only your e-mail address is required for sending the newsletter. The provision of further data is voluntary and is used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the specified e-mail address.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. We store your IP address entered by your 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 email address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your email address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a way that goes beyond this and is permitted by law and about which we inform you in this declaration.
5.2 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 similar goods or services 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 your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails. 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 notifying the responsible person named at the beginning. This will only incur transmission costs for you according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
5.3 – Advertising by letter post via CMC
We use the services of Collaborative Marketing Club – CMC GmbH, Kopernikusstraße 3, 10243 Berlin (“CMC”) for sending advertising material by letter post.
On the basis of our legitimate interest in personalised direct advertising pursuant to Art. 6 (1) lit. f DSGVO, we pass on certain personal customer data (name, address data, birth data if applicable, order frequency and time, shopping basket information) – insofar as we have received this from you within the framework of the contractual relationship – to CMC and commission the service provider with the printing and postal dispatch of interest-based promotional information on our offers within the framework of individual campaigns.
CMC stores the transmitted data exclusively on servers within the EU and deletes them in a standardised manner four weeks after each postal dispatch.
We have entered into an order processing agreement with CMC, obliging the company to protect our customers’ data and not to pass it on to third parties.
You can object to the storage and use of your data for the purposes of direct postal advertising at any time by sending a message to the person responsible.
6) Data processing for order handling
Insofar as necessary for the processing 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 DSGVO.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, email address) provided by you when placing the order in order to inform you personally about upcoming updates within the legally stipulated period within the scope of our statutory duty to inform pursuant to Art. 6 (1) lit. c DSGVO by suitable means of communication (e.g. by post or email). Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose 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 is transmitted to these service providers in accordance with the following information.
7) Rights of the data subject
7.1 The applicable data protection law grants you the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective prerequisites for exercising these rights:
– Right to information pursuant to Art. 15 DSGVO;
– Right to rectification pursuant to Art. 16 DSGVO;
– Right to erasure pursuant to Art. 17 DSGVO;
– Right to restriction of processing pursuant to Art. 18 DSGVO;
– Right to information pursuant to Article 19 of the GDPR;
– Right to data portability pursuant to Art. 20 DSGVO;
– Right to revoke consent given in accordance with Art. 7 (3) DSGVO;
– Right to lodge a complaint pursuant to Article 77 of the GDPR.
7.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
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 DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING OF THE DATA IS NECESSARY TO PROTECT YOUR PRIVACY.
THE ASSERTION, 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 CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
8) 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 processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, this data is stored until the data subject revokes his/her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after expiry of the retention periods, insofar as it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no justified interest on our part in the continued storage.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, 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) lit. f DSGVO, this data is stored until the data subject exercises his/her right to object pursuant to Art. 21 (2) DSGVO.
Unless otherwise indicated in the other information in this statement on specific processing situations, stored personal data are otherwise deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.