Data protection

We are very pleased that you are interested in our company. Data protection is of a particularly high priority for the management of LIV BERGEN GmbH. The use of the Internet pages of LIV BERGEN GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to LIV BERGEN GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

LIV BERGEN GmbH, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of LIV BERGEN GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easily legible and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy we use, among others, the following terms:

  • a) personal data

Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as the “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.

  • b) data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

  • c) Processing

Processing is 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

  • e) Profiling

Profiling is 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymisation

Pseudonymisation is 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller or person responsible for processing

The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing 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 his or her nomination may be provided for by Union or Member State law.

  • h) Processors

A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular investigation in accordance with Union or Member State law shall not be considered recipients.

  • j) Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process personal data under the direct responsibility of the controller or processor.

  • k) Consent

Consent is 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 concerning him or her.

2. Name and address of the controller

The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is the company:

LIV BERGEN GmbH
Pelargusstrasse 1/1
70180 Stuttgart
GERMANY
Phone: 0711 255 18 324
Email: mail@livbergen.de
Website: http.://www.livbergen.de/

3. Cookies

The Internet pages of LIV BERGEN GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID. By using cookies, LIV BERGEN GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

Cookies can be used to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details every time they visit the website because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart using a cookie.

The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of LIV BERGEN GmbH records a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.

When using this general data and information, LIV BERGEN GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by LIV BERGEN GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.

5. Subscription to our newsletter

On the LIV BERGEN GmbH website, users are given the opportunity to subscribe to our company's newsletter. The input mask used for this purpose determines which personal data is transmitted to the controller when ordering the newsletter.

LIV BERGEN GmbH informs its customers and business partners at regular intervals by means of a newsletter about company offers. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for the newsletter using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address as the data subject has authorized receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to legally protect the controller.

The personal data collected when registering for the newsletter will only be used to send our newsletter. In addition, newsletter subscribers may be informed by email if this is necessary for the operation of the newsletter service or for registration in this regard, as may be the case in the event of changes to the newsletter offer or changes to the technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the purpose of sending the newsletter can be revoked at any time. A corresponding link can be found in every newsletter for the purpose of revoking the consent. Furthermore, it is possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller of this in another way.

6. Newsletter tracking

The newsletters of LIV BERGEN GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded tracking pixel, LIV BERGEN GmbH can determine whether and when an email was opened by a data subject, and which links in the email were accessed by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given via the double opt-in procedure. After revocation, this personal data will be deleted by the controller. LIV BERGEN GmbH automatically interprets unsubscribing from the newsletter as a revocation.

7. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with statutory provisions.

8. Rights of the data subject

  • a) Right to confirmation

Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right to information

Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information.

Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations

- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
- the existence of a right of complaint to a supervisory authority
- if the personal data are not collected from the data subject: all available information about the origin of the data
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right to information, he or she may contact any employee of the controller at any time.

  • c) Right to rectification

Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, also by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller at any time.

  • d) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, where one of the following reasons applies and to the extent that processing is not necessary:

- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2 GDPR.
- The personal data were processed unlawfully.
- The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
- The personal data were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by LIV BERGEN GmbH, he or she may contact an employee of the controller at any time. The employee of LIV BERGEN GmbH will ensure that the erasure request is complied with immediately.

If the personal data was made public by LIV BERGEN GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, LIV BERGEN GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of LIV BERGEN GmbH will arrange the necessary measures in individual cases.

  • e) Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:

- The 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.
- The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by LIV BERGEN GmbH, he or she may at any time contact any employee of the controller. The employee of LIV BERGEN GmbH will arrange the restriction of processing.

  • f) Right to data portability

Any person concerned by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data was made available, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, unless the 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.

Furthermore, in exercising his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact any employee of LIV BERGEN GmbH at any time.

  • g) Right to object

Any person concerned by the processing of personal data has the right granted by the European legislator to object at any time, for reasons related to his or her particular situation, to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, LIV BERGEN GmbH will no longer process the personal data 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.

If LIV BERGEN GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to LIV BERGEN GmbH to the processing for direct marketing purposes, LIV BERGEN GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons related to his or her particular situation, to object to processing of personal data concerning him or her by LIV BERGEN GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 (1) GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of LIV BERGEN GmbH or another employee directly. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right of objection by automated means using technical specifications.

  • h) Automated decisions in individual cases, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not 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 (3) is not based on the data subject’s explicit consent.

Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the data subject's explicit consent, LIV BERGEN GmbH 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 his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may contact an employee of the controller at any time.

  • i) Right to withdraw consent under data protection law

Any person concerned by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact any employee of the controller at any time.

9. Data protection provisions regarding the application and use of Facebook

The controller has integrated components of the enterprise Facebook on this website. Facebook is a social network.

A social network is a social meeting place on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the Internet community to provide personal or company-related information. Facebook allows users of the social network to create private profiles, upload photos and network via friend requests, among other things.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a Facebook component (Facebook plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical procedure, Facebook receives knowledge of which specific subpage of our website is visited by the data subject.

If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific sub-page of our website the data subject visits with each call-up to our website by the data subject and for the entire duration of their stay on our website. This information is collected through the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, e.g. the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores these personal data.

Facebook always receives information via the Facebook component that the data subject has visited our website, provided that the data subject is logged in to Facebook at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of this information to Facebook is not desirable for the data subject, he or she can prevent this by logging out of their Facebook account before accessing our website.

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.

10. Data protection provisions on the application and use of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering and evaluation of data on the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which subpages of the website were accessed, or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and for the cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. This addition shortens and anonymizes the IP address of the data subject’s internet connection if our website is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our websites, and to provide other services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted through the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical procedure, Google receives knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.

The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Whenever our website is visited, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The data subject can prevent the setting of cookies through our website, as already explained above, at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the option of objecting to the collection of data generated by Google Analytics relating to the use of this website as well as the processing of this data by Google and of preventing such collection. To do so, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information relating to visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the information technology system of the data subject is deleted, formatted, or reinstalled at a later date, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google's applicable data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

11. Data protection provisions regarding the application and use of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and enables users to share photos and videos and also to further disseminate such data on other social networks. The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

Each time one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a display of the corresponding component from Instagram. As part of this technical procedure, Instagram receives knowledge of which specific subpage of our website is visited by the data subject.

If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific sub-page the data subject visits each time the data subject visits our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the data subject has visited our website, provided that the data subject is logged in to Instagram at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Instagram component or not. If such a transmission of this information to Instagram is not desirable for the data subject, he or she can prevent this by logging out of their Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

12. Payment method: Payment details

12.1. We support 4 payment methods:

  • Instant bank transfer (VISA, MasterCard, American Express and direct bank transfer)
  • Klarna (instant transfer, installment payment or invoice)
  • PayPal
  • Amazon Pay

The company LIV BERGEN GmbH has automatically integrated Shopify Payments in its online store, while PayPal is additional and optional payment method. PayPal allows payments directly through PayPal accounts or with credit cards such as VISA, MasterCard and more. Shopify does not process transactions with PayPal. Any purchase made with Paypal is considered a transaction between the customer and the store owner and the funds are transferred directly from the buyer to the brand owner's selected payment service account. All transfers are processed and handled through third-party gateways to ensure your protection. Card information is not stored and all card information is handled via SSL encryption. Please read the terms and conditions for the payment option selected for the transaction as they are responsible for the transactions made.

12.2. Data protection provisions for PayPal as a payment method

The controller has integrated PayPal components on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no traditional account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also performs escrow functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject selects “PayPal” as a payment option during the ordering process in our online shop, the data subject’s data will be automatically transmitted to PayPal.

By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data that is necessary for payment processing. Personal data that is related to the respective order is also necessary for processing the purchase contract.

The purpose of transmitting the data is to process payments and prevent fraud. The controller will transmit personal data to PayPal in particular if there is a legitimate interest in the transmission. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit agencies. This transmission is for the purpose of checking identity and creditworthiness.

PayPal may pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil contractual obligations or if the data is to be processed on their behalf.

The data subject has the option of revoking his or her consent to PayPal handling personal data at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.

PayPal’s applicable data protection provisions can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

13. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration
are, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal bases, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

14. Legitimate interests in the processing pursued by the controller or by a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

15. Period for which personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.

16. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of non-provision of the personal data would be.

17. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was created by the privacy policy generator of the German Society for Data Protection, which generates sample privacy policies, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.