Datenschutzerklärung

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.


Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 
Contact

Responsible person
Contact us at any time. The person responsible for data processing is: 
Henning Schwab, Schwarzwaldstr. 80, 66482 Zweibrücken Deutschland, 06337 92120, kontakt@exotenherz.de


Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 
Collection and processing when using the contact form 
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
 

Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 

Evaluations       Advertising      

Trustami customer ratings
To display collected ratings and feedback from social media, the Trustami trust seal is embedded on this website. This serves to implement our legitimate interests in the optimal marketing of our offer on our website in accordance with Article 6(1)(1)(f) GDPR. When the Trustami trust seal is called up, the web server automatically stores data (access data) in the form of a server log file containing the name of the website accessed, the file, the date and time of access, your IP address in truncated form, the amount of data transferred, the notification of successful retrieval, the browser type, the user's operating system, the referrer URL (of the previously visited site) and the requesting provider. This access data is not analysed and is automatically overwritten no later than seven days after the end of your visit to our website. The Trustami trust seal and the services advertised with it are provided by Trustami GmbH, Schröderstraße 5, 10115 Berlin. For the processing of data collected by Trustami, Trustami's Data Protection Policy at https://www.trustami.com/privacy/ applies.
 
Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
 
Use of your email address for mailing of direct marketing 
We use your email address, which we obtained in the course of selling a good or service, for the electronic transmission of marketing for our own goods or services which are similar to those you have already purchased from us, unless you have objected to this use. You must provide your email address in order to conclude a contract. Failure to provide it will prevent the conclusion of any contract. The processing will be carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in direct marketing. You can object to this use of your email address at any time by contacting us. You will find the contact details for exercising your right to object in our imprint. You can also use the link provided in the marketing email. This will not involve any costs other than transmission costs at basic tariffs.
 

Shipping companies       Merchandise management      

Forwarding of your email address to shipping companies for information on shipping status
We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.
 
Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to
JTL-Software-GmbH, Rheinstr. 7, 41836 Hückelhoven, Germany 


Payment service providers      

Use of Amazon Payments
We use Amazon Payments payment service on our website, from Amazon Payments Europe s.c.a. (38 avenue John F. Kennedy, L-1855 Luxembourg; "Amazon Payments").
The processing of data enables you to pay using the Amazon Payments payment service.
To integrate this payment service it is essential that Amazon Payments collects, stores, and analyses data when accessing the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised.
The use of cookies or comparable technologies is based on § 15 para. 3 p. 1 TMG. The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR out of our overriding legitimate interest in a customer-oriented offer of different payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
By selecting and using "Amazon Payments", the data required for payment processing will be submitted to Amazon Payments to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Amazon Payments payment service can be found in the associated data privacy policy at: https://pay.amazon.com/de/help/201212490


Use of Klarna payment options
On our website we use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"). By selecting and using payment via Klarna, the data required for payment processing is transmitted to Klarna in order to be able to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.

‘Pay Later’ (invoice), ‘Pay Now’ (payment by direct debit, credit card, instant bank transfer), ‘Financing’ (instalment purchase)
For individual payment methods such as ‘Pay Later’ (invoice), ‘Pay Now’ (payment by direct debit, credit card, instant bank transfer), ‘Financing’ (instalment purchase), Klarna reserves the right to obtain credit information based on mathematical-statistical procedures using credit agencies.
For this purpose, Klarna transmits the personal data required for a credit assessment, such as first and last name, address, gender, email address, IP address and data related to the order to a credit agency for the purpose of checking the identity and creditworthiness and uses the obtained information on the statistical probability of a payment default in order to reach a well-considered decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit asessment for  contract initiation. The processing is carried out on the basis of art. 6 Par. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Klarna pays in advance. For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR by notifying Klarna. The provision of the data is necessary for the conclusion of the contract by means of the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method of your choice.
Further information, in particular on the credit agencies to which Klarna passes on your personal data, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies.

For general information about Klarna, please visit: https://www.klarna.com/de/. Your personal information will be handled by Klarna in accordance with applicable data protection regulations and as specified in Klarna's Privacy Policy which is available at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.



Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.


Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.


Plug-ins

Use of social plug-ins via the “2-click solution” 
Our website uses social network plug-ins via the “2-click solution”. No connection is made to the social network servers and no data submitted without your explicit consent.Standard integration of plug-ins set up a connection between your computer and the provider’s servers when you call up pages on our website which contain such a plugin, allowing the plug-in to be shown on the web page by a notice sent to your browser. Both your IP address and the fact that you have visited our web pages are transmitted to the provider’s servers. This happens regardless of whether you are registered with or logged into the social network. The information is transferred even if users are not registered or logged in. If you are also logged into the social network, this information is also assigned to your user profile. When you use plug-in functions (e.g. activate the button) this information is also assigned to your user account, which you can only prevent by logging out before using the plug-in. To ensure that you retain control over your data we have decided to initially deactivate the corresponding button. This is shown by the greyed-out button. No connection is made to the social network servers and no data submitted without your explicit consent - in the form of activation of the button.Only when you activate the button does it become active (highlighted) and set up a direct connection to the social network’s servers.By logging in, you give your permission for the transfer of your data to the respective social media provider. At this time, information such as your IP address and which websites you have visited is transmitted. Should you be connected simultaneously with one or more of your social network accounts, the information collected is also assigned to your corresponding profiles. Therefore, you can only prevent this assignment by logging yourself out before visiting our website and before activating the button for your social media accounts.
The social networks listed below are integrated with the “2-click function”. You can find more detailed information on the scope and purpose of collection and use of the data, your associated rights and options for protecting your privacy in the provider’s privacy policy via the link.
 
Facebook by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland):
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
 
Instagram by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland):
http://instagram.com/legal/privacy/
Your data may be transmitted to the USA. 
For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.

Pinterest by Pinterest Inc. (635 High Street, Palo Alto, CA, 94301, USA):
https://policy.pinterest.com/en/privacy-policy 

https://help.pinterest.com/de/articles/personalization-and-data
Your data may be transferred to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Pinterest is not certified under the TADPF.

X (X Corp., 1355 Market Street, Suite 900 San Francisco, CA 94103, USA)
https://twitter.com/privacy
https://twitter.com/personalization
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). X has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles
 
Use of Google reCAPTCHA
Our website uses the reCAPTCHA service by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). The request serves to distinguish whether the input was made by a human or automatic machine processing. For this purpose your input will be transmitted to Google and used by them further. In addition, the IP address and any other data required by Google for the reCAPTCHA service will be transferred to Google. This data will be processed by Google within the EU and potentially also in the USA. 
For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para.1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more detailed information on Google reCAPTCHA and the associated data protection declaration at: https://www.google.com/recaptcha/intro/android.html and 

Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Landesbeauftragter für den Datenschutz und die Informationsfreiheit Rheinland-Pfalz
Postfach 30 40
55020 Mainz
Tel.: +49 6131 89200
Fax: +49 6131 8920299
E-Mail: poststelle@datenschutz.rlp.de

Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
 
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.

last update: 22.10.2024