Legal

DATA PROTECTION

 

HEYA!  On this page what happens to your data is explained. To protect your privacy read along! 

 

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer at www.grapesoda.shop and guendouglas.bigcartel.com and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

 

Responsible person

Guen Douglas 

[email protected] 

Taiko Gallery

Schönleinstraße 33

10967, Berlin 

Germany

 

Types of data processed:

Inventory data (e.g., names, addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text input, photographs, videos), usage data (e.g., websites visited, interest in content, access times), meta / communication data ( e.g., device information, IP addresses)

 

Categories of data subjects

Visitors and users of the online offer (in the following we also refer to the persons concerned collectively as "users").

 

Purpose of processing

Provision of the online offer, its functions and content, answering contact inquiries and communication with users, security measures, range measurement / marketing

 

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 Para. 1 lit. . 6 para. 1 lit.f GDPR. In the case,

 

Safety measures

In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organisational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

 

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as is required for payment service providers in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). 

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

 

(Basically I use the info you give me to be able to package and ship orders and contact you about the order you have made and I only share this info with people like the shipping partners (some giclees are drop shipped as stated in the descriptions by dstudio in the UK otherwise I ship using Deutsche Post and DHL) and the website (powered by BigCartel) shares your info with the the pop up provider POWR and the payment platform you have chosen: either Paypal or Stripe).

Their privacy policies can be found here respectively: 

 

https://help.bigcartel.com/gdpr

https://help.powr.io/hc/en-us/articles/360003070373-GDPR-Compliance

https://stripe.com/en-gb-de/guides/general-data-protection-regulation

https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en_DE

https://dstudiouk.com/privacy-policy.html

https://www.dhl.com/content/dam/downloads/g0/legal/summary_dpdhl_privacypolicy.pdf

https://sendpulse.com/legal/processing


Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfil our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU.

(Other than contractually necessary sharing like physically posting your purchases in the mail and making shipping labels and taking payments I do not share the data that I collect with other third parties). 

 

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties. 

In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.

 

Right of withdrawal

You have the right to revoke your consent in accordance with Article 7 (3) GDPR with effect for the future

 

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

 

contact

When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is processed to process the contact request and to process it in accordance with Art. 6 Paragraph 1 lit. 

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

 

Cookies and right to object to direct mail

"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved, when users visit them after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website  http://www.aboutads.info/choices/  or the EU website  http://www.youronlinechoices.com/ to be  explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all of the functions of this online offer.

For transparency I use https://cookie-script.com/ for my cookie pop up where you can opt out of cookies. 

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters). 

 

Business related processing

In addition, we process contract data (e.g. subject of the contract, duration, customer category). - Payment data (e.g. bank details, payment history) from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

Order processing in the online shop of the  Big Cartel platform

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution. The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status. The processing takes place on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment). Payment or within the scope of the legal permits and obligations towards legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment). Payment or within the scope of the legal permits and obligations towards legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).


We use the Big Cartel, LLC platform. for the online shop. If an order is placed, all data required to execute and process the order are requested, in particular your full name, your e-mail address, your address (billing and possibly different delivery address), payment information and, if applicable, your telephone number. This data is stored and processed on our behalf by Big Cartel, LLC. This storage and processing of the data takes place for the purpose of supporting and processing your orders, your authentication, the processing of payment transactions and the improvement of the services of Big Cartel, LLC. On request, the personal data assigned to an order can be deleted at any time. https://help.bigcartel.com/legal/privacy/

 

External payment service provider PayPal

We use as an external payment service  Paypal However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers. The terms and conditions and data protection notices of the respective payment service providers, which can be accessed on the respective websites or transaction applications, apply to payment transactions. We refer to this also for the purpose of further information and assertion of revocation,

https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en_DE

 

 

External payment service provider Stripe

We use as an external payment Stripe service However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers. The terms and conditions and data protection notices of the respective payment service providers, which can be accessed on the respective websites or transaction applications, apply to payment transactions. We refer to this also for the purpose of further information and assertion of revocation,

https://stripe.com/en-de/legal

 

Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Article 6 Paragraph 1 lit. DSGVO, Art. 6 Para. 1 lit.f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given for these processing activities. We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers. Furthermore, on the basis of our business interests, we store information on suppliers, organisers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently. Tax advisors or auditors as well as other fee offices and payment service providers. Furthermore, on the basis of our business interests, we store information on suppliers, organisers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently. Tax advisors or auditors as well as other fee offices and payment service providers. Furthermore, on the basis of our business interests, we store information on suppliers, organisers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

 

Business analysis and market research

In order to operate our business economically, to be able to recognise market trends, wishes of the contractual partners and users, we analyse the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art . 6 para. 1 lit.f. GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer. The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, e.g. on the services they have used. The analyses serve us to increase user-friendliness, the optimisation of our offer and the economic efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values. If these analyses or profiles are personal, they will be deleted or anonymised upon termination by the user, otherwise after two years from the conclusion of the contract. In addition, the overall business analysis and general tendency determinations are created anonymously if possible.

 

Newsletter

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you declare that you agree to the receipt and the procedures described. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or with legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Incidentally, our newsletters contain information about our services and us. Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else's e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged. Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for the purpose of addressing you personally in the newsletter. The dispatch of the newsletter and the associated performance measurement are based on the consent of the recipient in accordance with Art. 6 Paragraph 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG or if consent is not required , on the basis of our legitimate interests in direct marketing in accordance with Art. 6 Paragraph 1 according to f. GDPR in conjunction with Section 7 Paragraph 3 UWG. The logging of the registration process is based on our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove consent. Cancellation / Revocation - You can cancel the receipt of our newsletter at any time, ie Withdraw your consent. You will find a link to cancel the newsletter at the end of each newsletter. On the basis of our legitimate interests, we can save the unsubscribed email addresses for up to three years before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

(So far I have maintained the newsletter manually and because of this annoyance I haven’t actually sent any newsletters , but I’d like to in the future. I Keep them as a list and am happy to remove you if you have sent me your email address but wish to be removed… no problem!) 

 

Collection of access data and log files

We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider . For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidential purposes.

 

Online presence in social media

We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply. Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages.

 

Use of Facebook social plugins

On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins ("plugins") from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on a blue tile, the terms "like", "like" or a "thumbs up" sign) ) or are marked with the addition "Facebook Social Plugin". The list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/ .

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active ).

When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plug-in is transmitted directly from Facebook to the user's device, which integrates it into the online offer. User profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs users according to our level of knowledge.

 

By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook's data protection information:  https://www.facebook.com/about/privacy/ .

If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings:  https://www.facebook.com/settings?tab=ads   or via the US website  http://www.aboutads.info / choices /   or the EU page  http://www.youronlinechoices.com/ . The settings are platform-independent, ie they are adopted for all devices such as desktop computers or mobile devices.

 

Twitter

Functions and contents of the Twitter service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated into our online offer. This can include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Twitter.

If the users are members of the Twitter platform, Twitter can assign the above-mentioned content and functions to the profiles of the users there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active ). Data protection declaration:  https://twitter.com/de/privacy , Opt-Out:  https://twitter.com/personalization .

 

Instagram

Functions and contents of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated into our online offer. This can include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Instagram. If the users are members of the Instagram platform, Instagram can assign the access to the above content and functions to the profiles of the users there. Instagram privacy policy:  http://instagram.com/about/legal/privacy/ .

 

Pinterest

Functions and contents of the Pinterest service offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, can be integrated into our online offer. This can include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Pinterest. If the users are members of the Pinterest platform, Pinterest can assign the access to the above content and functions to the profiles of the users there. Pinterest data protection declaration:  https://about.pinterest.com/de/privacy-policy .

 

Google ReCaptcha

We integrate the function for recognizing bots, for example when entering online forms ("ReCaptcha") from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration:  https://www.google.com/policies/privacy/ , Opt-Out:  https://adssettings.google.com/authenticated .