Data privacy
Privacy statement according to the DSGVO
I. Name and address of the person responsible
The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is the:
Phytocomm Luxembourg sàrl
Z.I. In den Allern 10
9911 Troisvierges
Luxembourg
Tel .: +352 2 690 8830
E-Mail: info (at) phytocomm.lu
Website: www.phytocomm.lu
II. Name and address of the data protection officer
The data protection officer of the responsible person is:
Christian Schmitz
Z.I. In den Allern 10
9911 Trosivierges
Luxembourg
Tel .: +352 2 690 8830
E-Mail: info (at) phytocomm.lu
Website: www.phytocomm.lu
III. General information about data processing
1. Scope of processing of personal data
In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO as legal basis. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c DSGVO as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f DSGVO as legal basis for processing.
3. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
IV. Provision of the website and creation of logfiles
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
1. Information about the browser type and version used
2. The operating system of the user
3. The Internet service provider of the user
4. The IP address of the user
5. Date and time of access
6. Websites from which the system of the user reaches our website
7. Websites accessed by the user's system through our website
The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f DSGVO.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.
In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Opposition and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.
V. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identified even after a page break.
The following data is stored and transmitted in the cookies:
language settings
Article in a shopping cart
Log-in information
In addition, we use cookies on our website that allow an analysis of users' browsing behavior.
In this way, the following data can be transmitted:
Entered search terms
Frequency of page views
Use of website features
The data of the users collected in this way are pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data will not be stored together with other personal data of the users.
When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, there is also a reference to this privacy policy.
The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) lit. f DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is the consent of the user Art. 6 para. 1 lit. a GDPR.
c) Purpose of the data processing
The purpose of using technically necessary cookies is to facilitate the use of websites for users. Some features of our website can not be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page break.
We require cookies for the following applications:
shopping cart
Transfer of language settings
Remember keywords
The user data collected through technically necessary cookies will not be used to create user profiles.
The use of the analysis cookies is for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we learn how the website is used and so we can constantly optimize our offer.
For these purposes, our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f DSGVO.
e) Duration of storage, objection and disposal options
Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to use all the functions of the website
The transmission of Flash cookies can not be prevented by the settings of the browser, but by changing the settings of the Flash Player.
VI. Newsletter
1. Description and scope of data processing
On our website you can subscribe to a free newsletter. When you sign up for the newsletter, the data from the input mask are sent to us, namely the registered e-mail address.
In addition, the following data is collected upon registration:
IP address of the calling computer
Date and time of registration
For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy.
If you purchase goods or services on our website and deposit your e-mail address here, this can subsequently be used by us to send a newsletter. In such a case, the newsletter will only send direct mail for your own similar goods or services.
In connection with the processing of data for the sending of newsletters, there is no disclosure of the data to third parties. The data will be used exclusively for sending the newsletter.
2. Legal basis for data processing
The legal basis for the processing of the data after the user has registered for the newsletter is the consent of the user Art. 6 para. 1 lit. a GDPR.
The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 Abs. 3 UWG.
3. Purpose of the data processing
The collection of the user's e-mail address serves to deliver the newsletter.
The collection of other personal data in the context of the registration process serves to prevent misuse of the services or the email address used.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The e-mail address of the user is therefore stored as long as the subscription to the newsletter is active.
The other personal data collected during the registration process will normally be deleted after a period of seven days.
5. Opposition and removal possibility
Subscription to the newsletter may be terminated at any time by the user concerned. For this purpose, there is a corresponding link in each newsletter.
This also allows a revocation of the consent to the storage of the personal data collected during the registration process.
VII. Registration
1. Description and scope of data processing
On our website, we offer users the opportunity to register by providing personal information. The data is entered into an input mask and transmitted to us and stored. A transfer of data to third parties does not take place. The following data is collected during the registration process:
Duty spring:
Surname
first given name
bill address
E-mail address
Voluntary information:
alternative delivery address
Phone numbers (landline mobile)
gender
Date of birth
For companies, the company name, VAT number, or VAT number and register number are also queried.
At the time of registration, the following data is also stored:
The IP address of the user
Date and time of registration
As part of the registration process, the consent of the user to process this data is obtained.
2. Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.
If the registration serves the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures, an additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.
3. Purpose of the data processing
A registration of the user is necessary to fulfill a contract with the user or to carry out pre-contractual measures.
In our e-shop www.phytocomm.lu you can order certain goods in connection with traditional Chinese medicine.
The provision of your data serves to ensure that our contract or your order can be fulfilled properly. In addition, we will inform you about events such as order or shipping confirmation and we may contact you for any further incidents related to the proper performance of the contract.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection.
This is the case during the registration process for the performance of a contract or for the performance of pre-contractual measures if the data are no longer necessary for the performance of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contracting party in order to comply with contractual or legal obligations.
5. Opposition and removal possibility
As a user, you have the option of canceling the registration at any time. You can change the data stored about you at any time. Send an email with your request to info@phytocomm.lu. We will confirm the change or deletion of your data within 7 days.
If the data is required to fulfill a contract or to carry out pre-contractual measures, premature deletion of the data is only possible, unless contractual or legal obligations preclude deletion.
VIII. Contact form and e-mail contact
1. Description and scope of data processing
On our website is a contact form available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are:
Name and e-mail address, if applicable company name and telephone number.
At the time of sending the message, the following data is also stored:
The IP address of the user
Date and time of registration
For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.
Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
3. Purpose of the data processing
The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
5. Opposition and removal possibility
The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.
Please send us your request by e-mail to info@phytocomm.lu, you will receive our confirmation by e-mail within 7 days.
All personal data stored in the course of contacting will be deleted in this case.
IX. Web analytics by Google Analytics
This website uses the "Google Analytics" service provided by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) to analyze users' website usage. The service uses "cookies" - text files stored on your device. The information collected by the cookies is usually sent to a Google server in the US and stored there.
On this website accesses the IP anonymization. The IP address of users is shortened within the member states of the EU and the European Economic Area. This reduction eliminates the personal reference of your IP address. Under the terms of the agreement, which website operators have entered into with Google Inc., they use the information collected to compile an evaluation of website activity and site activity, and provide Internet-related services.
You have the option to prevent the storage of cookies on your device by making the appropriate settings in your browser. There is no guarantee that you will be able to access all features of this website without restriction if your browser does not allow cookies.
Furthermore, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link leads you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de
Alternatively, by clicking on this link you prevent Google Analytics from collecting data about you within this website. By clicking on the link above you download an "opt-out cookie". Your browser must allow cookies to be stored. If you delete your cookies regularly, you will need to click on the link each time you visit this website.
Here's more information on Google Inc's data usage: https://support.google.com/analytics/answer/6004245?hl=en
X. Rights of the person concerned
The following list includes all rights of the persons concerned according to the GDPR. Rights that have no relevance for your own website need not be mentioned. In that regard, the listing can be shortened.
If you process personal data, you are i.S.d. DSGVO and you have the following rights to the person responsible:
1. Right to information
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the limitation of the processing after the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted
a) deletion of duty
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. DSGVO and there is no other legal basis for processing.
(3) According to. Art. 21 para. 1 DSGVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 DSGVO Opposition to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b) information to third parties
If the person in charge has made the personal data concerning you public and is acc. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.
c) exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller has been;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
4. Right to information
If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
5. Right to Data Portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO or on a contract acc. Art. 6 para. 1 lit. b DSGVO is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
6. Right to
You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f DSGVO takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the option, in the context of the use of information society services - regardless of Directive 2002/58 / EC - to exercise your right of opposition through automated procedures, including technical specifications
7. Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
8. Automated decision on a case-by-case basis including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g DSGVO applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.
9. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the DSGVO violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.