PRIVACY POLICY
The responsible party within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
Belmar Gajardo
Ricarda Belmar
Erichstrasse 10
20359 Hamburg
Email: info@belmar-gajardo.com
We appreciate your interest in our website. Protecting your privacy is very important to us. Below, we provide detailed information about how we handle your data on our website.
1. Storage of access data in server log files and hosting
You can visit our website without providing any personal information. Each time you access a website, the web server automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred, and the requesting provider (access data), and documents the access.
This access data is evaluated exclusively for the purpose of ensuring the smooth operation of the site and improving our offering. Pursuant to Art. 6 (1) (f) GDPR, this serves to safeguard our legitimate interests in the correct presentation of our offering, which prevail within the context of a balancing of interests. All access data will be deleted no later than seven days after your visit to the site.
Hosting services provided by a third party
To provide our online presence, we use services from web hosting providers who process the above-mentioned data and all data to be processed in connection with the operation of this website (log file when visiting the website) on our behalf.
The legal basis for data processing is Art. 6 (1) (f) GDPR our overriding legitimate interest in providing our website.
For our hosting, we use Shopify Inc., 150 Elgin St., 8th Fl., Ottawa, ON K2P 1L4, Canada ("Shopify"). Data may be transferred to Shopify Inc. servers in Canada.
There is an adequacy decision by the EU Commission for data transfers to Canada.
2. Data collection and use for contract processing and when opening a customer account
We collect personal data when you voluntarily provide it to us as part of your order, when you contact us (e.g. via contact form or email) or when you open a customer account. Mandatory fields are marked as such because in these cases we absolutely need the data to process the contract or to process your contact or opening a customer account and without this information you cannot complete the order and/or open an account or send the contact. Which data is collected can be seen from the respective input forms. We use the data you provide in accordance with Art. 6 (1) (b) GDPR to process the contract and process your inquiries. After the contract has been fully processed or your customer account has been deleted, your data will be restricted for further processing and deleted after the retention periods under tax and commercial law have expired, unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we inform you in this declaration. You can delete your customer account at any time by sending a message to the contact option described below or by using a dedicated function in your customer account.
3. Data transfer for contract fulfillment
To fulfill the contract in accordance with Art. 6 (1) (b) GDPR, we will pass your data on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. We use YouSellWeSend GmbH as our logistics service provider. YouSellWeSend GmbH provides logistics services on our behalf. For this purpose, we will transmit your name and recipient address, your email address, telephone number, customer reference number, the name of the invoice recipient and the invoice address to YouSellWeSend GmbH. YouSellWeSend GmbH is contractually obliged to use this data only for the purpose described above and in accordance with our instructions. Depending on the payment service provider you select during the ordering process, we will pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service for the purpose of processing payments. In some cases, the selected payment service providers also collect this data themselves if you create an account with them. In this case, you must log in to the payment service provider using your login details during the ordering process. The privacy policy of the respective payment service provider applies in this regard.
For customer support services, we use software-as-a-service solutions from companies based in countries outside the European Union. The data is not transferred to the companies themselves; it is simply processed by our employees in the corresponding software solutions. Personal data is only transferred to these companies if necessary to fulfill the contract. We use solutions from Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 and Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.de), both of which are headquartered in the USA and certified under the EU-US Privacy Shield. Current certificates can be viewed HERE . Based on this agreement between the USA and the European Commission, the latter has determined that companies certified under the Privacy Shield provide an adequate level of data protection.
4. Email newsletter
In order to provide you with regular information about our company and our offers, we offer an email newsletter. When you subscribe to our newsletter, we process the data you entered during registration (email address and other voluntary information). To prevent misuse, we will send you an email after your registration asking you to confirm your registration (double opt-in procedure). To ensure the registration process complies with legal requirements, your registration will be logged. This includes the time of registration and confirmation, as well as your IP address.
The legal basis for sending the newsletter is your consent in accordance with Art. 6 (1) (a) GDPR. The data processing in connection with the sending of the confirmation email for your registration and the associated data logging is carried out in accordance with Art. 6 (1) (f) GDPR due to our legitimate interest in proving your proper registration.
If you give us your consent, we will also evaluate whether you have opened the newsletter, as well as your scrolling and clicking behavior within the newsletter. This is done for the purpose of optimally tailoring our newsletter to your interests and improving the content of our newsletter. The legal basis for the analysis of the newsletter is your consent in accordance with Art. 6 para. 1 a) GDPR.
To send the newsletter, we use a service provider to whom we transmit the aforementioned data.
The data will be transferred to the servers of the following service provider in the USA: Klaviyo Inc., 60 South Street, Suite 910, Boston, Massachusetts, USA ("Klaviyo"). There is no adequacy decision from the EU Commission for data transfers to the USA. Klaviyo ensures an adequate level of data protection through the EU standard contractual clauses. A copy of the relevant EU standard contractual clauses will be made available upon request.
5. Contact requests & contact options
If you contact us via contact form or email, the data you provide will be used to process your inquiry. Providing this data is necessary to process and respond to your inquiry; without it, we cannot respond to your inquiry or can only respond to a limited extent.
The legal basis for this processing is Art. 6 (1) (b) GDPR.
Contact form
If you send us inquiries via the contact form, your information from the form, including the contact details you provide, will be stored by us for the purpose of processing your request and in case of follow-up questions. We will not share this data without your consent.
Your data will be deleted once your inquiry has been conclusively answered and there are no legal retention obligations that prevent deletion, such as in the case of any subsequent contract processing.
6. Use of data for payment processing
We use external payment service providers through whose platforms users and we can carry out payment transactions (e.g., each with a link to the privacy policy, Paypal ( https://www.paypal.com/de/webapps/mpp/ua/privacy-full ), Klarna ( https://www.klarna.com/de/datenschutz /), Giropay ( https://www.giropay.de/rechtliches/datenschutz-agb/ ), Visa ( https://www.visa.de/datenschutz ), Mastercard ( https://www.mastercard.de/de-de/datenschutz.html ), American Express ( https://www.americanexpress.com/de/content/privacy-policy-statement.html )
To fulfill contracts, we use payment service providers on the basis of Art. 6 (1) (b) GDPR. Furthermore, we use external payment service providers based on our legitimate interests pursuant to Art. 6 (1) (f) GDPR to offer our users effective and secure payment options.
The data processed by the payment service providers includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, amount and recipient-related information. This information is required to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account- or credit card-related information, only information confirming or rejecting the payment. Under certain circumstances, the payment service providers will transmit the data to credit agencies. This transmission is for the purpose of identity and credit checks. For more information, please refer to the terms and conditions and data protection information of the payment service providers.
Payment transactions are subject to the terms and conditions and privacy policy of the respective payment service providers, which are available on the respective websites or transaction applications. We also refer to these for further information and to assert your rights of withdrawal, information, and other data subjects.
7. Cookies and web analysis
In order to make visiting our website more attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to safeguard our legitimate interests in an optimized presentation of our offer in accordance with Art. 6 (1) (f) GDPR, which override our legitimate interests in balancing interests. Cookies are small text files that are automatically stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser on your next visit (persistent cookies). You can find out how long they are stored for in the overview in the cookie settings of your web browser. You can set your browser so that you are informed when cookies are set and decide individually whether to accept them or to exclude cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.
You can find these for the respective browsers under the following links:
Cookie settings in Internet Explorer™
Cookie settings in Safari™
Cookie settings in Chrome™
Cookie settings in Firefox™
Cookie settings in Opera™
If you do not accept cookies, the functionality of our website may be limited.
8. SSL encryption
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection by the browser's address bar changing from "http://" to "https://" and by the lock symbol in your browser's address bar. When SSL encryption is activated, the data you transmit to us cannot be read by third parties.
9. Use of Google (Universal) Analytics for web analysis
This website uses Google (Universal) Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (www.google.de), to analyze website traffic. This serves to protect our legitimate interests in an optimized presentation of our offering in accordance with Art. 6 (1) (f) GDPR, which override our interests in balancing interests. Google (Universal) Analytics uses methods such as cookies to analyze your use of the website. The automatically collected information about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will generally not be merged with other Google data. Once the purpose for which it was collected no longer applies and we no longer use Google Analytics, the data collected in this context will be deleted.
Google Inc. is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be found at: List of companies in the US-EU Privacy Shield . You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set that prevents the collection of your data on future visits to this website: Deactivate Google Analytics
This website uses the "demographics" feature of Google Analytics. This allows reports to be created that contain information about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. This data cannot be assigned to a specific individual. You can deactivate this feature at any time via the ad settings in your Google Account or generally prohibit the collection of your data by Google Analytics as described in the "Objection to data collection" section.
We have concluded a contract for order data processing with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
For more information about how Google Analytics handles user data, please see Google’s privacy policy: Google’s privacy policy
10. Google reCAPTCHA
To protect against misuse of our web forms and spam, we use the Google reCAPTCHA service in some forms on this website. Google reCAPTCHA is provided by Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland ( www.google.de ). By verifying manual input, this service prevents automated software (so-called bots) from carrying out abusive activities on the website. According to Art. 6 (1) (f) GDPR, this serves to safeguard our legitimate interests, which prevail within the framework of a balancing of interests, in protecting our website from misuse and in ensuring an uninterrupted display of our online presence.
Google reCAPTCHA uses a JavaScript code embedded in the website to analyze your use of the website, such as cookies. The information automatically collected about your use of the website, including your IP address, is generally transferred to a Google server in the USA and stored there. Google reCAPTCHA also evaluates other cookies stored in your browser by Google services. No personal data is read or saved from the input fields of the respective form.
To the extent that information is transferred to and stored on Google servers in the USA, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be obtained can be viewed here . Based on this agreement between the US and the European Commission, the latter has determined that companies certified under the Privacy Shield provide an adequate level of data protection.
You can prevent Google from collecting the data generated by JavaScript or cookies and relating to your use of the website (including your IP address) and from processing this data by Google by selecting the appropriate settings in your browser to prevent JavaScript from running or cookies from being set. Please note that doing so may limit the functionality of our website for your use. Further information on Google's privacy policy can be found here .
11. Use of Google Webfonts
In order to display our content correctly and graphically appealing across all browsers, we use “Google Web Fonts” from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) to display fonts on this website.
Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/ .
12. Use of Google Maps
We use Google Maps on this website. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google"). This allows us to display interactive maps directly on the website and enable you to conveniently use the map function.
For more information about data processing by Google, please see the Google Privacy Policy: https://policies.google.com/privacy . There, you can also change your personal data protection settings in the Privacy Center.
Detailed instructions on how to manage your data in connection with Google products can be found here: https://www.dataliberation.org
When you visit the website, Google receives information that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which you are logged in, or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account.
If you do not wish to be assigned to your Google profile, you must log out of Google before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research, and/or tailoring its websites to meet your needs. Such evaluation is carried out in particular (even for users who are not logged in) to provide 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; you must contact Google to exercise this right.
The provider currently does not offer a simple opt-out or blocking option for data transfer. If you wish to prevent tracking of your activities on our website, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transfers using the Cookie Consent Tool. In this case, however, you may not be able to use our website or may only use it to a limited extent.
13. Advertising via marketing networks
Use of Google Adwords Conversion
We use Google Adwords to draw attention to our attractive offers on external websites using advertising materials (so-called Google Adwords). We can determine the success of individual advertising measures in relation to the data from the advertising campaigns. This is in our interest to show you advertising that is of interest to you, to make our website more interesting for you, and to achieve a fair calculation of advertising costs.
These advertisements are delivered by Google via so-called "ad servers." For this purpose, we use ad server cookies, which enable certain parameters to be measured to determine success, such as the display of ads or clicks by users. If you access our website via a Google ad, Google Adwords will store a cookie on your PC. These cookies generally expire after 30 days and are not intended to identify you personally. The analysis values stored for this cookie include the unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions), and opt-out information (indicating that the user no longer wishes to be contacted).
These cookies enable Google to recognize your internet browser. If a user visits certain pages of an Adwords customer's website and the cookie stored on their computer has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. Each Adwords customer is assigned a different cookie. Cookies cannot therefore be tracked across Adwords customers' websites. We do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. Based on these evaluations, we can determine which of the advertising measures used are particularly effective. We do not receive any further data from the use of advertising materials; in particular, we cannot identify users based on this information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no influence on the scope and further use of the data collected through the use of this tool by Google and therefore inform you according to our current state of knowledge: By integrating AdWords Conversion, Google receives the information that you have accessed the corresponding part of our website or clicked on one of our ads. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is a possibility that the provider will learn and save your IP address.
You can prevent participation in this tracking process in several ways:
- by setting your browser software accordingly, in particular by suppressing third-party cookies, you will not receive any third-party advertisements;
- by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain »www.googleadservices.com«, www.google.de/settings/ads, whereby this setting will be deleted if you delete your cookies;
- by deactivating interest-based ads from providers who are part of the "About Ads" self-regulatory campaign via the link www.aboutads.info/choices, although this setting will be deleted if you delete your cookies;
- by permanently deactivating the plug-in in your Firefox, Internet Explorer, or Google Chrome browsers at www.google.com/settings/ads/plugin. Please note that in this case, you may not be able to fully use all of the features of this website.
The legal basis for the processing of your data is Art. 6 (1) (f) GDPR.
Further information on data protection at Google can be found here: https://business.safety.google/privacy/ www.google.com/intl/de/policies/privacy and services.google.com/sitestats/de.html .
Alternatively, you can visit the Network Advertising Initiative (NAI) website at https://thenai.org/ . Google has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework .
Google AdWords Remarketing
We use Google AdWords to advertise this website in Google search results and on third-party websites. When you visit our website, Google sets a so-called remarketing cookie, which automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit. This serves to protect our legitimate interests in the optimal marketing of our website, which predominate within the framework of a balancing of interests, in accordance with Art. 6 (1) (f) GDPR. Once the purpose no longer applies and we no longer use Google AdWords Remarketing, the data collected in this context will be deleted.
Further data processing only takes place if you have given Google your consent to link your web and app browsing history to your Google Account and to use information from your Google Account to personalize ads you see on the web. If you are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. To do this, Google will temporarily link your personal data with Google Analytics data to create target groups.
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (www.google.de), is headquartered in the USA and is certified under the EU-US Privacy Shield. Current certificates can be viewed HERE . Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.
You can deactivate the remarketing cookie using this link . You can also learn more about cookie settings and configure your preferences at the Digital Advertising Alliance .
14. Social Media Plug-Ins
Use of social plugins from Facebook, Google, Twitter, Instagram, WhatsApp and Pinterest
Our website uses so-called social plugins (“plugins”) from social networks. When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook, Google, Twitter or Instagram. The content of the plugin is transmitted directly to your browser by the respective provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has accessed the corresponding page of our website, even if you do not have a profile or are not currently logged in. This information (including your IP address) is transmitted from your browser directly to a server of the respective provider (possibly in the USA) and stored there. If you are logged in to one of the services, the providers can directly associate your visit to our website with your profile on the respective social network. If you interact with the plugins, for example by clicking the “Like” or “Share” button, the corresponding information is also transmitted directly to a server of the provider and stored there. The information is also published on the social network and displayed to your contacts there.
This serves to safeguard our legitimate interests, which prevail within the framework of a balancing of interests, in the optimal marketing of our offer in accordance with Art. 6 (1) (f) GDPR.
The purpose and scope of data collection and the further processing and use of the data by the providers as well as a contact option and your related rights and setting options for protecting your privacy can be found in the data protection information of the providers:
- Provider: Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. View Facebook's privacy policy
- Twitter: Provider: Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. View Twitter's privacy policy.
- Google+: Provider: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. View Google's privacy policy.
- Instagram: Provider: Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. View Instagram's privacy policy.
- Pinterest: Provider: Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103-490, USA. View Pinterest's privacy policy.
- TikTok: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. View TikTok's privacy policy: https://www.tiktok.com/legal/privacy-policy?lang=de
- WhatsApp: Provider: WhatsApp Inc., 1601 Willow Road, Menlo Park, California 94025, USA. View WhatsApp's privacy policy.
If you do not want social networks to directly assign the data collected through our website to your profile on the respective service, you must log out of the respective service before visiting our website. You can also completely prevent the loading of the plugins using add-ons for your browser, e.g., the script blocker "NoScript" ( https://noscript.net/ ).
15. YouTube Video Plugins
This website incorporates content from third-party providers. This content is provided by Google Inc. ("Provider"). YouTube is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
For YouTube videos embedded on our site, the enhanced data protection settings are activated. This means that no information from website visitors is collected and stored on YouTube unless they play the video. The integration of the videos serves to protect our legitimate interests, which prevail within the framework of a balancing of interests, in the optimal marketing of our offering in accordance with Art. 6 (1) (f) GDPR.
For information on the purpose and scope of data collection and the further processing and use of the data by the providers, as well as your rights and setting options for protecting your privacy, please refer to Google's privacy policy.
16. Contact options and your rights
You can exercise the following rights at any time using the contact details provided by our data protection officer:
- in accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
- in accordance with Art. 16 GDPR, you have the right to immediately request the rectification of inaccurate or incomplete personal data stored by us;
- in accordance with Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing is necessary: to exercise the right to freedom of expression and information; to fulfill a legal obligation; for reasons of public interest or to assert, exercise or defend legal claims;
- in accordance with Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data if: you contest the accuracy of the data; the processing is unlawful but you refuse to delete it; we no longer need the data but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
- in accordance with Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another controller;
- Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or of our company headquarters.
If you have any questions about the collection, processing, or use of your personal data, or if you wish to request information, correction, blocking, or deletion of data, or if you wish to revoke consent you have granted or object to a specific use of your data, please contact us directly using the contact details provided in our legal notice. You can also request forms using the contact details provided there to enforce your rights described above.
You can lodge a complaint with a supervisory authority at any time, for example, the competent supervisory authority in the federal state in which you reside or the authority responsible for us as the responsible body.
A list of supervisory authorities (for the non-public sector) with addresses can be found here .
17. Right of objection
If we process personal data as described above to protect our legitimate interests, which override ours in the context of a balancing of interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object if there are reasons arising from your particular situation.
After exercising your right of objection, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
This does not apply if the processing is carried out for direct marketing purposes. In this case, we will no longer process your personal data for this purpose.
If you have any questions about data protection, please send us an email or contact the person responsible for data protection directly:
Belmar Gajardo
Christian Belmar
Erichstrasse 10
20359 Hamburg
Email: christian @ belmar-gajardo.com
