Nesmuk Privacy Policy

Last update: 04.06. 2020

NESMUK takes the protection of your personal data very seriously.
We treat your personal data confidentially and in accordance with the statutory data protection regulations (DSGVO) and this data protection declaration.

Responsible
Nesmuk GmbH & Co. KG
Castle Road 101
42655 Solingen, Germany
e-mail address: office@nesmuk.com

types of data processed:
- inventory data (e.g. names, addresses).
- Contact details (e.g. e-mail, telephone numbers).
- Content data (e.g. text entries, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta/communication data (e.g. device information, IP addresses).

Purpose of the processing:
- Provision of the online offer, its functions and contents.
- Responding to contact requests and communication with users.
- Security measures.
- Reach Measurement/Marketing


Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Non-provision has no consequences. This only applies insofar as no other information is given in the subsequent processing operations. "Personal data" means any information relating to an identified or identifiable natural person.

Server log files

You can visit our websites without giving any personal information. Whenever you access our website, usage data is transmitted to us or our web host / IT service provider by your Internet browser and stored in log files (so-called server log files). These stored data include, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred and the requesting provider. The processing is carried out on the basis of Art. 6 para. 1 lit. f DSGVO out of our predominant legitimate interest in ensuring the trouble-free operation of our website and to improve our offer.

Customer account & orders

Customer account


When you open a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying the order processing. The processing is carried out on the basis of Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us, without affecting the legality of the processing that has taken place on the basis of the consent until revocation. Your customer account will be deleted afterwards.



Collection, processing and transfer of personal data for orders


When you place an order, we collect and process your personal data only to the extent necessary to fulfil and process your order and to deal with your enquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it means that no contract can be concluded. The processing takes place on the basis of Art. 6 para. 1 letter b DSGVO and is necessary for the fulfilment of a contract with you. Your data will be passed on, for example, to the mail-order companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The extent of the data transfer is limited to a minimum.


Contact & Newsletter



Collection and processing when using the contact form


When using the contact form, we only collect your personal data (name, e-mail address, message text) to the extent that you have provided it. The data processing serves the purpose of establishing contact. By sending your message you agree to the processing of the transmitted data. The processing is carried out on the basis of Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us, without affecting the legality of the processing that has taken place on the basis of the consent until revocation. We only use your e-mail address to process your request. Your data will then be deleted, unless you have agreed to further processing and use.

Use of your personal data for the sending of postal advertising
We use your personal data (name, address), which we have received in connection with the sale of a product or service, to send you postal advertising, unless you have objected to this use. The provision of this data is necessary for the conclusion of the contract. Failure to provide it means that no contract can be concluded. The processing is carried out on the basis of Art. 6 para. 1 lit. f DSGVO out of our predominant legitimate interest in direct advertising. You can object to this use of your address data at any time by notifying us. The contact details for exercising the right of objection can be found in the imprint.



Use of the e-mail address for sending newsletters
We use your e-mail address, regardless of the contract execution, exclusively for our own advertising purposes for newsletter dispatch, provided you have expressly agreed to this. The processing is carried out on the basis of Art. 6 para. 1 lit. a DSGVO with your consent. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. You can unsubscribe from the newsletter at any time using the corresponding link in the newsletter or by informing us. Your e-mail address will then be removed from the distribution list.


Your data will be passed on to a service provider for e-mail marketing within the scope of order processing. The data will not be passed on to other third parties.



Dispatch service provider & merchandise management



Forwarding of the e-mail address to shipping companies for information on the shipping status
We pass on your e-mail address to the transport company within the framework of the contract processing, provided that you have expressly agreed to this in the ordering process. The purpose of the transfer is to inform you by e-mail about the shipping status. The processing is carried out on the basis of Art. 6 para. 1 lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us or the transport company, without affecting the legality of the processing carried out on the basis of the consent until revocation.



Use of an external merchandise management system
We use a merchandise management system for contract processing within the framework of order processing. For this purpose, your personal data collected in the context of the order will be transmitted to SoftEngine GmbH, Alte Bundesstraße 16, 76846 Hauenstein



Payment service provider



Use of Paypal
All PayPal transactions are subject to the PayPal Privacy Policy. These can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.


Use of Paypal Express
We use on our website the payment service PayPal Express of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The purpose of the data processing is to be able to offer you payment via the payment service PayPal Express. In order to integrate this payment service, it is necessary for PayPal to collect, store and analyse data (e.g. IP address, device type, operating system, browser type, location of your device) when you visit the website. Cookies can also be used for this purpose. The cookies enable the recognition of your browser. This data processing, in particular the setting of cookies, takes place with your consent on the basis of Art. 6 Para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. When you select and use PayPal Express, the data required for payment processing is transferred to PayPal in order to fulfil the contract with you using the selected payment method. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. You can find more information about data processing when using the payment service PayPal Express in the corresponding privacy policy https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE#Updated_PS

Use of the Klarna Checkout
The checkout solution is provided by Klarna AB (Sveavägen 46, 111 34 Stockholm, Sweden) and uses cookies to provide you with an ideal, personalized online experience when using the checkout. The processing is carried out on the basis of Art. 6 para. 1 lit. a DSGVO with your consent. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. You can prevent the storage of cookies by selecting the appropriate technical settings in your browser software; however, please note that in this case you may not be able to use all the functions of this website to their full extent. A detailed list of the cookies and an explanation of their respective purpose can be found at https://cdn.klarna.com/1.0/shared/content/policy/cookie/de_at/checkout.pdf.



Cookies


Our website uses cookies. Cookies are small text files that are stored in the Internet browser or by the Internet browser on the computer system of a user. If a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that allows the browser to be uniquely identified when you return to the website.



Cookies are stored on your computer. Therefore you have full control over the use of cookies. By selecting the appropriate technical settings in your Internet browser, you can be notified before cookies are set and decide individually whether to accept them or not, and prevent the storage of cookies and transmission of the data they contain. Already stored cookies can be deleted at any time. However, we would like to point out that you may not be able to use all functions of this website to their full extent.



The following links will give you information on how to manage (and deactivate) cookies in the most important browsers:

Chrome Browser:  https://support.google.com/accounts/answer/61416?hl=de
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Technically necessary cookies
Unless otherwise stated in the data protection declaration below, we only use these technically necessary cookies for the purpose of making our offer more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.



The processing is carried out on the basis of Art. 6 para. 1 lit. f DSGVO out of our predominant legitimate interest in guaranteeing the optimal functionality of the website as well as a user-friendly and effective design of our offer. You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you, based on art. 6, paragraph 1, letter f of the DPA.

Analysis & Advertising


Use of Google Analytics
We use the web analysis service Google Analytics of Google LLC on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and ensuring compliance with applicable data protection laws.

The data processing serves the purpose of analysing this website and its visitors as well as for marketing and advertising purposes. To this end, Google will use the information obtained on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activities and to provide further services to the website operator in connection with website and internet use. The following information, among others, can be collected: IP address, date and time of the page view, click path, information about the browser you are using and the
Device, pages visited, referrer URL (website from which you accessed our website), location data, purchase activity. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google.
Google Analytics uses technologies such as cookies, web memory in the browser and counting pixels, which enable an analysis of your use of the website. The information thus generated about your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymization is activated on this website. As a result, your IP address will be previously truncated by Google within member states of the European Union or in other states which are party 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. Google has certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with European data protection guidelines.

The data processing, in particular the setting of cookies, takes place with your consent on the basis of Art. 6 Para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. Further information on terms of use and data protection can be found at https://www.google.com/analytics/terms/de.htm, r https://www.google.de/intl/de/policies/and https://policies.google.com/technologies/cookies?hl=de.


Use of etracker
We use technologies from etracker GmbH (Erste Brunnenstraße 1, 20459 Hamburg, "etracker") on our website. The data processing serves the purpose of analysing this website and its visitors. Data is collected and stored for this purpose. Cookies can be used for this purpose, which enable the recognition of the Internet browser. The following information, among others, can be collected: IP address, information about the browser and operating system you are using, date and time of your visit, time zone, referrer URL (website from which you accessed our website). From this data, user profiles can be created under a pseudonym. The data collected using etracker technologies will not be used to personally identify visitors to this website and will not be merged with personal data about the bearer of the pseudonym without the separately granted consent of the person concerned. The data processing, in particular the setting of cookies, takes place with your consent on the basis of Art. 6 Para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. You can find more information about the function and data protection at etrackerhttps://www.etracker.com/datenschutz/.

Using Google Ads conversion tracking
We use the online advertising program "Google Ads" on our website and in this context conversion tracking (visitor action evaluation). Google Conversion Tracking is an analysis service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and ensuring compliance with applicable data protection laws. When you click on an ad served by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages on our site and the cookie hasn't expired, Google and we can tell that you clicked on the ad and were directed to that page. Each Google Ads customer receives a different cookie. Therefore, there is no way that cookies can be tracked through the websites of ads customers. The information collected by the conversion cookie is used to compile conversion statistics. This tells us the total number of users who have clicked on one of our ads and been redirected to a page with a conversion tracking tag. However, we do not receive any information that can be used to identify users personally. Your data may be transferred to the USA. Google has certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with European data protection guidelines. The data processing, in particular the setting of cookies, takes place with your consent on the basis of Art. 6 Para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. You can find more information as well as Google's privacy policy at: https://www.google.de/policies/privacy/


Use of the remarketing or "similar target groups" function of Google Inc.
We use on our website the remarketing or "Similar Audience" feature of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and ensuring compliance with applicable data protection laws. The application serves the purpose of analysing visitor behaviour and interests. Google uses cookies to analyse website usage, which forms the basis for the creation of interest-related advertisements. Cookies are used to record visits to the website as well as anonymous data on the use of the website. There is no storage of personal data of visitors to the website. If you visit any other site on the Google Display Network below, you will see ads that most likely include previously viewed product and information areas. Your data may be transferred to the USA. Google has certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with European data protection guidelines. The data processing, in particular the setting of cookies, takes place with your consent on the basis of Art. 6 Para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. Further information about Google Remarketing as well as the corresponding privacy policy can be found at: https://www.google.com/privacy/ads/

Plug-ins and others



Using the Google Tag
Managers We use the Google Tag Manager of Google LLC on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and ensuring compliance with applicable data protection laws. This application is used to manage JavaScript tags and HTML tags that are used to implement tracking and analysis tools in particular. The data processing serves the purpose of designing and optimizing our website in line with requirements. The Google Tag Manager itself does not store cookies nor does it process personal data. However, it allows the triggering of further tags that can collect and process personal data. For more information on terms of use and data protection, please click https://marketingplatform.google.com/intl/de/about/analytics/tag-manager/use-policy/


Use of Social Plug-ins
We use social networking plug-ins on our website. The integration of social plug-ins and the data processing that takes place serves the purpose of optimizing the advertising for our products. When social plug-ins are integrated, a link is established between your computer and the servers of the social network providers and the plug-in is displayed on the page by notifying your browser, provided you have expressly agreed to this. Here, both your IP address and the information which of our pages you have visited are transmitted to the provider servers. This applies regardless of whether you are registered or logged in to the social network. A transmission also takes place for users who are not registered or not logged in. If you are simultaneously connected to one or more of your social network accounts, the information collected may also be associated with your corresponding profiles. When using the plug-in functions (e.g. by pressing the button), this information is also assigned to your user account. You can prevent this association by logging out of your social media accounts before visiting our website and before activating the buttons. Data processing is carried out on the basis of Art. 6 para. 1 lit. a DSGVO with your consent. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. The following social networks are integrated into our website by means of social plug-ins. Further information on the scope and purpose of the collection and use of the data as well as on your rights in this regard and possibilities for protecting your privacy can be found in the linked data protection information of the providers.
Facebook of the Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA) https://www.facebook.com/policy.php
Instagram of Instagram LLC. (1601 Willow Road, Menlo Park, CA 94025, USA) https://help.instagram.com/155833707900388

Use of GoogleMaps

We use on our website the function for embedding GoogleMaps maps from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and ensuring compliance with applicable data protection laws. The function enables the visual display of geographical information and interactive maps. Google also collects, processes and uses data of visitors to the website when they call up the pages in which GoogleMaps maps are integrated. Your data may also be transferred to the USA. Google has certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with European data protection guidelines. The data processing, in particular the setting of cookies, takes place with your consent on the basis of Art. 6 Para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. Further information on the collection and use of data by Google can be found in Google's data protection information at  https://www.google.com/privacypolicy.html.. There you also have the possibility to change your settings in the Privacy Center, so that you can manage and protect your data processed by Google.


Using YouTube
We use on our website the YouTube embedding feature of Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube") YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The function displays videos stored on YouTube in an iFrame on the website. The option "Advanced Privacy Mode" is activated. As a result, YouTube does not store any information about visitors to the site. Only when you watch a video is information about it sent to YouTube and stored there. Your data may be transferred to the USA. Google has certified itself under the US-EU Privacy Shield Agreement and is thus committed to complying with European data protection guidelines. The data processing is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
For more information on the collection and use of data by YouTube and Google, your rights and ways to protect your privacy, please see the YouTube privacy policy at https://www.youtube.com/t/privacy.

Rights of data subjects and storage period


Duration of storage
After complete contract implementation, the data will be stored initially for the duration of the warranty period, thereafter taking into account statutory, in particular tax and commercial law retention periods, and then deleted after expiry of the period, unless you have consented to further processing and use.



Rights of the data subject

If the legal requirements are met, you are entitled to the following rights in accordance with Art. 15 to 20 DSGVO: right to information, to correction, to deletion, to restriction of processing, to data transferability. In addition, according to Art. 21 para. 1 DSGVO you have the right to object to processing based on Art. 6 para. 1 f DSGVO as well as to processing for the purpose of direct marketing. Please contact us if you wish. You can find the contact details in our imprint.

Right of appeal to the supervisory authority

You have the right to complain to the supervisory authority under Art. 77 DSGVO if you believe that your personal data are being processed unlawfully.



Right of objection

If the personal data processing activities listed here are based on our legitimate interest pursuant to Art. 6 Par. 1 letter f DSGVO, you have the right to object to these processing activities at any time for reasons arising from your particular situation, with effect for the future. Following an objection, the processing of the data concerned shall be terminated unless we can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purposes of direct advertising, you can object to this processing at any time by notifying us. If an objection is raised, we will stop processing the data concerned for the purpose of direct marketing.

Updating this privacy policy

This data protection declaration is currently valid and has the status of June 2020; it may become necessary to amend this data protection declaration due to the further development of our website and offers above or due to changed legal or official requirements. The current data protection declaration can be called up and printed out at any time on the website https://www.nesmuk.com/policies/datenschutz