Information on data protection

1) Information about the collection of personal data and contact details of the controller

1.1 Below we inform you about how we handle your personal data. Personal data refers to all data that can be used to personally identify you.

Please carefully consider which personal data you share with us via Facebook. As long as you are logged into your Facebook account and visit our Facebook profile, Facebook can associate this with your Facebook profile. We expressly point out that Meta, as the operator of Facebook, stores its users' data (e.g., personal information, IP address, etc.) and may also use it for commercial purposes. Further information on Facebook's data processing can be found in Facebook's privacy policy at https://de-de.facebook.com/policy.php .

We have no influence on the data collection and further processing by Facebook. Furthermore, we cannot determine the extent, location, and duration of data storage by Facebook, the extent to which Facebook complies with existing deletion obligations, the evaluations and links Facebook makes with the data, and to whom Facebook shares the data. If you would like to prevent Facebook from processing personal data you have sent to us, please contact us by other means. You can find our full contact details in our Facebook imprint.

1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is SW Commerce GmbH, Schellingstraße 109a, 80798 Munich, Germany, Tel.: +49 (0) 89-415-535-25, Email: mailme@nutrilovers.de, insofar as we process the data you send us via Facebook exclusively ourselves.

To the extent that the data you transmit to us via Facebook is also or exclusively processed by Meta as the operator of Facebook (Insights data), Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, is also responsible for data processing within the meaning of the General Data Protection Regulation (GDPR). Data processing is based on an agreement between joint controllers pursuant to Art. 26 GDPR, which you can view here:
https://www.facebook.com/legal/terms/page_controller_addendum .

Furthermore, for the use of certain Facebook products, such as the so-called "Facebook Business Tools," and for the data processing carried out thereby, an additional agreement between us and Meta Platforms Ireland Ltd. as joint controllers pursuant to Art. 26 GDPR applies, which can be viewed here:
https://www.facebook.com/legal/controller_addendum

The controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.

2) Data Protection Officer

You can contact Meta’s data protection officer as the operator of Facebook using the online contact form provided at https://www.facebook.com/help/contact/540977946302970 .

3) Data processing when contacting us

We ourselves collect personal data when you contact us, for example, via a contact form or messenger. You can see which data we collect when you contact us via the contact form in the relevant contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed, unless there are statutory retention periods to the contrary. We assume that processing has been finalized when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

4) Data processing for contract execution

If your contact via Facebook serves as the basis for a contract for the delivery of goods and/or the provision of services with us, we will additionally process the data you provide to us in this context in the event of a contract being concluded as follows:

4.1 We will transfer your payment data to the commissioned credit institution as part of the payment processing, provided this is necessary for the payment processing. The legal basis for this transfer of data is Art. 6 (1) (b) GDPR.

4.2 In the case of contracts for the delivery of goods, we will pass on the personal data we have collected to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods.

If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we will process the contact information you provided when placing your order (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period via a suitable communication channel (e.g., by post or email) within the scope of our statutory information obligations pursuant to Art. 6 (1) (c) GDPR. Your contact information will be used strictly for the purpose of notifying you about updates owed by us and will only be processed by us to the extent necessary for the respective information.

4.3 - DATEV
For our accounting, we use the cloud-based accounting software provided by DATEV eG, Paumgartnerstr. 6-14, 90429 Nuremberg ("DATEV").
DATEV processes our company's incoming and outgoing invoices, as well as bank transactions if necessary, to automatically record invoices, match them to transactions, and then create financial accounting in a semi-automated process.
If personal data is also processed, the processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in the efficient organization and documentation of our business transactions.
Further information about DATEV, the automated processing of data and the data protection regulations can be found at https://www.datev.de/web/de/m/ueber-datev/datenschutz/

5) Data processing for statistical and marketing purposes

5.1 Page Insights

Facebook provides us with so-called Page Insights for our Facebook page: https://www.facebook.com/business/a/page/page-insights . This is aggregated data that allows us to gain insight into how people interact with our page. Page Insights may be based on personal data collected in connection with a visit to or interaction with our page and its content. Pursuant to Art. 6 (1) (f) GDPR, this serves to safeguard our legitimate interests, which prevail within the framework of a balancing of interests, in an optimized presentation of our offering and effective communication with customers and interested parties.

You can object to the processing of your data for the aforementioned purposes at any time by changing your ad settings in your Facebook user account at https://www.facebook.com/settings?tab=ads .

5.2 Facebook Lead Ads

We use the "Lead Ads" feature provided by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook") to collect and process certain personal data from interested parties – so-called leads – via a contact form displayed on Facebook websites (so-called "instant form"). The content and scope of the data requested in this form depends on the focus of the respective lead campaign.

The processing of data is strictly tied to the purposes pursued with the respective lead ad campaign. These purposes are clearly stated within the lead ad or on the provided form before the specified data is transmitted. Depending on the focus of the lead ad campaign, the legal basis for data processing is either your express consent in accordance with Art. 6 (1) (a) GDPR (e.g., for direct marketing measures such as registering to receive email newsletters) or our legitimate interest in the optimal marketing of our offering in accordance with Art. 6 (1) (f) GDPR. The data will not be passed on to third parties.

As part of the aforementioned services, data transmitted via instant forms may be stored on servers of Meta Platforms, Inc., 1601 Willow Rd, Menlo Park, CA 94025, USA.

For more information about data processing via Facebook Lead Ads, please see Facebook’s data policy at https://de-de.facebook.com/privacy/explanation

6) Rights of the data subject

6.1 The applicable data protection law grants you comprehensive rights as a data subject (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we will inform you below:

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

6.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH FUTURE EFFECT FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
If you exercise your right to object, we will stop processing the data in question. However, we reserve the right to continue processing if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and freedoms, or if the processing serves to assert, exercise, or defend legal claims.

If we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes. You can exercise your right of objection as described above.

IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

7) Duration of storage of personal data

The duration of storage of personal data is determined based on the respective legal basis, the purpose of the processing and – where applicable – also on the respective statutory retention period (e.g. retention periods under commercial and tax law).

When personal data is processed on the basis of an express consent in accordance with Art. 6 (1) (a) GDPR, this data will be stored until the data subject revokes his or her consent.

If there are statutory retention periods for data that are processed within the framework of legal transactions or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after the retention periods have expired, provided that they are no longer required for the fulfilment or initiation of a contract and/or we no longer have a legitimate interest in continuing to store them.

When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh 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) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (2) GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.