NAME AND CONTACT OF THE CONTROLLER IN ACCORDANCE WITH ARTICLE 4(7) GDPR
Company: FEMIA Cosmetic Vertriebsgesellschaft mbH
Address: Gut Weide 1, D-52078 Aachen
Phone: + 49 (0) 241 / 9279 – 0
Telefax: + 49 (0) 241 / 9279 – 42
SECURITY AND PROTECTION OF YOUR PERSONAL DATA
We consider it our primary responsibility to keep the personal information you provide to us confidential and to protect it from any unauthorized access. Therefore, we apply extreme care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz; BDSG). We have taken technical and organizational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
- Personal data
“Personal data” means any information relating to an identified or identifiable natural person (“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, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Processing “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
- Restriction of processing “Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling “Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
- Pseudonymization “Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- Filing system “Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.
- Controller “Controller” means the natural or legal person, public authority, agency, or 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 Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor “Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
- Recipient “Recipient” means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party “Third party” means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
- Consent “Consent” of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.
LAWFULNESS OF PROCESSING
Processing of personal data is only lawful if there is a legal basis for it. The legal basis for processing may be in accordance with points (a) – (f) of Article 6 (1) GDPR, in particular:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
INFORMATION ON THE COLLECTION OF PERSONAL DATA
(1) We inform about the collection of personal data when using our website below. Personal data include, e.g., name, address, email addresses, user behavior.
(2) If you contact us by email or via a contact form, the data you provide (your email address, name, and telephone number, if applicable) will be stored by us in order to answer your questions. We will erase the data collected in this context after storage is no longer necessary or restrict processing if we are subject to any legal obligations to retain the data.
Collection of personal data when visiting our website
In case of merely informational use of the website, i.e., if you do not register or otherwise transmit information to us, we will only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (the legal basis for this is the first sentence of point (f) of Art. 6 (1) GDPR):
- IP address
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- Data volume transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software.
(1) In addition to the above data, cookies will be stored on your computer when you use our website. Cookies are small text files stored on your hard drive that are associated with the browser you are using and that submit specific information to the entity that places the cookie. Cookies cannot run any programs or transfer any viruses to your computer. They serve to make the internet offer as a whole more user-friendly and effective.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
- Transient cookies (on this, see a.)
- Persistent cookies (on this, see b.).
- Transient cookies are automatically deleted when you close your browser. They include in particular the session cookies. These store a session ID that can be used to assign various requests from your browser to a single session. This makes it possible to recognize your computer when you return to our website. The session cookies are deleted when you log out or close the browser.
- Persistent cookies are automatically deleted after a specified period of time, which may differ from cookie to cookie. You can delete the cookies in the security settings of your browser at any time.
- You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or any cookies at all. “Third party cookies” are cookies set by a third party, rather than by the actual website you are on. Please note that you may not be able to use all the functions of this website if you deactivate cookies.
Your user ID: (please always specify in case of queries)
Your consent history
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|Purpose||Stores the settings of the visitors selected in the Cookie Box of Borlabs Cookie.|
|Cookie runtime||1 year|
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Other functions and offers of our website
(1) In addition to strictly informational use of our website, we offer various services that you may use if desired. For this purpose, you will usually have to provide additional personal data that we use to provide the respective service and to which the above data processing principles apply.
(2) In some cases, we will use external service providers to process your data. We have selected and charged these with care. They are bound by our instructions and subject to regular inspection.
(3) Furthermore, we may pass on your personal data to third parties if we offer any promotional participations, competitions, contract conclusions, or similar services together with partners. You will receive more detailed information on this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Our offer is generally aimed at adults. Persons younger than 18 years of age should not submit any personal data to us without the consent of their parents or legal guardians.
RIGHTS OF THE DATA SUBJECT
(1) Withdrawal of consent
If processing of personal data is based on consent given, you have the right to withdraw your consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You may contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing any personal data relating to you. You may request confirmation at any time using the contact details above.
(3) Right to information
If any personal data are processed, you may request information on these personal data and the following information at any time:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the intended period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;
- existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where any personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR relating to the transfer. We shall provide a copy of the personal data being processed. We may charge a reasonable fee based on administrative costs for any further copies requested by you. If you submit your request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy in accordance with paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain rectification of any inaccurate personal data concerning you from us without undue delay. Under consideration of the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to obtain erasure of personal data concerning you from us without undue delay and we are obligated to erase any personal data without undue delay if one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- the data subject withdraws consent on which the processing is based in accordance with point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and there is no other legal ground for the processing.
- the data subject objects to the processing in accordance with Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) GDPR.
- the personal data have been unlawfully processed.
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- the personal data have been collected in relation to the offer of information society services in accordance with Article 8(1) GDPR.
Where the controller has made the personal data public and is obligated to erase the personal data in accordance with paragraph 1, the controller shall take reasonable steps, including technical measures, under consideration of available technology and the cost of implementation to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) shall not apply as far as processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task performed in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR as far as the right referred to in paragraph 1 is likely to render achievement of the objectives of that processing impossible or seriously impair it; or
- for the establishment, exercise, or defense of legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict processing of your personal data if one of the following conditions applies:
- accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
- processing is unlawful and the data subject opposes erasure of the personal data and requests restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise, or defense of legal claims, or
- the data subject has objected to processing in accordance with Article 21(1) GDPR, pending verification of whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above provisions, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
The data subject may contact us at any time using the contact details provided above in order to exercise their right to restrict the processing.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent in accordance with point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract in accordance with point (b) of Article 6(1) GDPR; and
- the processing is performed by automated means.
In exercising your right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. Exercise of the right to data portability shall not affect the right to erasure (“right to be forgotten”). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you based on point (e) or (f) of Article 6(1), GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for processing that override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.
Where any personal data are processed for the purpose of direct marketing, you have the right to object to processing of personal data concerning you for such marketing at any time; this shall include profiling to the extent that it is connected to such direct marketing. If you object to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes.
In the context of use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes in accordance with Article 89(1), you have the right to object to processing of personal data concerning you on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise the right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller,
- is authorized by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
- is based on the data subject’s explicit consent.
The controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
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 habitual residence, place of work, or place of the alleged infringement if the data subject considers that the processing of personal data relating to them infringes this Regulation.
(11) Right to effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority in accordance with Article 77 GDPR, you have the right to an effective judicial remedy if you consider your rights under this Regulation to have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
USE OF GOOGLE ANALYTICS
(1) This website uses Google Analytics, a web analysis service of the Google Inc. (“Google”). Google Analytics uses “Cookies”, i.e., text data stored on your computer that makes it possible to analyze how the website is used. As a rule, the information generated by the cookie through your use of this website will be sent to a Google server in the USA and stored there. If anonymization of your IP address is enabled on this website, your IP address will be abbreviated by Google within the Member States of the European Union or in other States party to the Agreement on the European Economic Area, however. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and abbreviated there. On the order of the provider of this website, Google will use this information to evaluate your use of the website, in order to compile reports on website activities and to render further services connected to website use and internet use towards the website operator.
(2) Google will not combine the internet protocol address transmitted by your browser within the context of Google Analytics with any other personal data.
(3) You may prevent storage of the cookies by making the corresponding settings in your browser software; however, note that you may be unable to fully use all functions of the website in such a case. Moreover, you can prevent the cookie from transmitting data it generates that pertain to your use of the website (incl. your IP address) to Google as well as the processing of such data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in abbreviated form, rendering it possible to relate them to a specific person. As far as the data collected about you have any personal reference, they are, therefore, immediately removed, and the personal data are thus erased immediately.
(5) We use Google Analytics to analyze and regularly improve use of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. For exceptions in which personal data are transmitted to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is the first sentence of point (f) of Art 6 (1) GDPR.
privacy overview: http://www.google.com/intl/de/analytics/learn/privacy.html,
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is performed using a user ID. You may deactivate cross-device analysis of your usage in your customer account under “My data”, “Personal data”.
INTEGRATION OF GOOGLE MAPS
(1) This website uses the offer of Google Maps. This allows us to display interactive maps for you right on the website and enables you to comfortably use the map function.
(2) When you visit this website, Google will receive the information that you have accessed the corresponding sub-page of our website. In addition, the data named in § 3 of this policy will be transmitted. This occurs regardless of whether you are logged into your Google user account or whether you do not have any user account. If you are logged into Google, your data will be directly assigned to your account. To avoid assignment to your profile at Google, you must log out before activating the button. Google will store your data as usage profiles and use them for advertising, market research, and/or demand-oriented design of its website. Such an evaluation is performed in particular (even for users who are not logged in) for provision of tailored advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.