Privacy Policy

Rosa Canina Chocolate

Berlin Chocolate Manufactory 31° GmbH

Privacy Policy

We appreciate your interest in our online shop. Protecting your privacy is very important to us. Below, we provide detailed information about how we handle your data.

1. Access data 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 solely for the purpose of ensuring trouble-free operation of the website and improving our offering. This serves to safeguard our legitimate interests in a correct presentation of our offering in accordance with Art. 6 (1) (f) GDPR, which prevail within the framework of a balancing of interests. All access data is deleted no later than seven days after the end of your visit to the website.

1.1 Hosting

The services for hosting and displaying the website are partially provided by our service providers as part of processing on our behalf. Unless otherwise stated in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please contact them using the contact details described in this privacy policy.

1.2 Content Delivery Network

To shorten loading times, we use a so-called content delivery network ("CDN") for some of our offerings. This service delivers content, such as large media files, via regionally distributed servers of external CDN service providers. Therefore, access data is processed on the service providers' servers. Our service providers work for us as part of a contract processing agreement. If you have any questions about our service providers and the basis of our collaboration with you, please use the contact options described in this privacy policy.

2. Data processing for contract processing, contact and when opening a customer account

We collect personal data when you voluntarily provide it to us as part of your order or when contacting us (e.g., via contact form or email). Mandatory fields are marked as such, as in these cases we absolutely need the data to process the contract or your contact, and without it you cannot send the order or contact. The data collected can be seen in the respective input forms. We use the data you provide to process the contract and your inquiries in accordance with Art. 6 (1) (b) GDPR.

If you have given your consent in accordance with Art. 6 (1) (a) GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account. Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this data protection declaration. 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 in accordance with Art. 6 (1) (c) GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration. Your customer account can be deleted at any time and can be done either by sending a message to the contact option described in this data protection declaration or via a function provided for this purpose in the customer account.

3. Data processing for the purpose of shipping

In order to fulfil the contract in accordance with Art. 6 (1) (b) GDPR, we will pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.

The same applies to the transfer of data to our manufacturers or wholesalers in cases where they handle shipping for us (drop shipment). These are considered shipping service providers within the meaning of this privacy policy.

Data transfer to shipping service providers for the purpose of shipping notification

If you have given us your express consent to do so during or after your order, we will pass on your email address and telephone number to the selected shipping service provider in accordance with Art. 6 (1) (a) GDPR so that they can contact you before delivery for the purpose of notifying you of the delivery or coordinating the delivery.

You can revoke your consent at any time by sending a message to the contact option described in this privacy policy or directly to the shipping service provider at the contact address listed below. After revocation, we will delete the data you provided for this purpose unless you have expressly consented to further use of your data or we reserve the right to use your data in any other way that is permitted by law and about which we will inform you in this policy.

DHL Parcel GmbH

Sträßchensweg 10

53113 Bonn

Germany

4. Data processing for payment processing

When processing payments in our online shop, we work with these partners: technical service providers, credit institutions, payment service providers.

4.1 Data processing for transaction processing

Depending on the selected payment method, we will pass on the data necessary for processing the payment transaction to our technical service providers, who work for us as part of a contract processing agreement, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary to process the payment. This serves the purpose of fulfilling the contract in accordance with Art. 6 (1) (b) GDPR. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g., on their own website or via a technical integration in the ordering process. The privacy policy of the respective payment service provider applies in this respect.

If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact options described in this privacy policy.

4.2 Data processing for the purpose of fraud prevention and optimizing our payment processes

If necessary, we will provide our service providers with additional data, which they will use together with the data necessary for processing the payment as our processors for the purpose of fraud prevention and optimizing our payment processes (e.g., invoicing, processing disputed payments, accounting support). Pursuant to Art. 6 (1) (f) GDPR, this serves to safeguard our legitimate interests in protecting ourselves against fraud and in efficient payment management, which prevail within the framework of a balancing of interests.

4.3 Identity and credit check when selecting Klarna payment services

Klarna Pay now (direct debit), Klarna Pay later (purchase on account), Klarna Slice it (installment purchase)

If you decide to use the payment services of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna), we ask for your consent in accordance with Art. 6 (1) (a) GDPR that we may transmit the data necessary for processing the payment and for an identity and credit check to Klarna. In Germany, the credit agencies named in Klarna’s privacy policy may be used for the identity and credit check. Klarna uses the information received about the statistical probability of a payment default to make a considered decision about the establishment, implementation or termination of the contractual relationship. You can revoke your consent at any time by sending a message to the contact option named in this privacy policy. This may mean that we can no longer offer you certain payment options. You can also revoke your consent to this use of personal data at any time, including by contacting Klarna.

4.4 Identity and credit check when selecting Billpay payment services

If you decide to use the payment services of BillPay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter: BillPay), we ask for your consent in accordance with Art. 6 (1) (a) GDPR that we may transmit the data necessary for processing the payment and for an identity and credit check to BillPay. In Germany, the credit agencies named in BillPay's privacy policy may be used for the identity and credit check. BillPay uses the information received about the statistical probability of a payment default to make a considered decision about the establishment, implementation or termination of the contractual relationship. You can revoke your consent at any time by sending a message to the contact option named in this privacy policy. This may mean that we can no longer offer you certain payment options. You can also revoke your consent to this use of personal data at any time by contacting BillPay.

4.5 Identity and credit check when selecting purchase on account via PayOne

If you choose to pay by invoice from PayOne GmbH, Lyoner Str. 9, 60528 Frankfurt a. M., Germany (hereinafter referred to as PayOne), we ask for your consent in accordance with Art. 6 (1) (a) GDPR that we may transmit the data necessary for processing the payment and for an identity and credit check to PayOne. In Germany, the credit agencies named in PayOne's privacy policy may be used for identity and credit checks. PayOne uses the information received about the statistical probability of a payment default to make a considered decision about establishing, implementing, or terminating the contractual relationship. You can revoke your consent at any time by sending a message to the contact details named in this privacy policy. This may mean that we can no longer offer you certain payment options.

5. Advertising by email, post, telephone

5.1 E-mail newsletter with registration

If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to regularly send you our email newsletter based on your consent in accordance with Art. 6 (1) (a) GDPR. You can unsubscribe from the newsletter at any time and can do so either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address from the recipient list unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration.

5.2 E-mail newsletter without registration and your right of objection

If we receive your email address in connection with the sale of a product or service and you have not objected, we reserve the right, pursuant to Section 7 (3) of the German Unfair Competition Act (UWG), to regularly send you offers for products from our range similar to those you have already purchased. This serves to safeguard our legitimate interests in advertising to our customers, which prevail in the context of a balancing of interests.

You can object to this use of your e-mail address at any time by sending a message to the contact option described in this privacy policy or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

5.3 Newsletter

On our website, you can subscribe to a newsletter via a form or during checkout. We use Klaviyo for this purpose. You can view the shipping service provider's privacy policy here: [https://www.klaviyo.com/privacy]. You can unsubscribe from this newsletter at any time free of charge via the "Unsubscribe" link in the newsletter footer or by sending an email to hallo@chocolate.rosacanina.eu.

To ensure that the email address entered in the form is actually valid, we use the so-called double opt-in process. This means that after registering, you must confirm your wish to receive the newsletter by clicking on it in another email. Only then will you actually be a subscriber to our newsletter.

Legal basis

Data processing is based on your consent (Art. 6 (1) (a) GDPR). You can revoke this consent at any time. The legality of the data processing operations already carried out remains unaffected by the revocation. Data transfer to the USA is based on the EU Commission's standard contractual clauses. Details can be found here: https://www.klaviyo.com/legal/dpa.

Storage period

The data you provide us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter. Once you unsubscribe from the newsletter, the data will be deleted from the newsletter distribution list. Data stored by us for other purposes remains unaffected.

After you unsubscribe from the newsletter mailing list, your email address will be stored by us or the newsletter service provider to prevent future mailings. This serves both your interest and our interest in complying with legal requirements for sending newsletters (legitimate interest within the meaning of Art. 6 (1) (f) GDPR). You can object to the storage if your interests outweigh our legitimate interest.

5.4 Product recommendations via email

As a customer of our online shop, we will occasionally send you product recommendations via email. These are information and recommendations about products that might be of interest to you based on your recent orders with us. Pursuant to Section 7 (3) of the German Unfair Competition Act (UWG), we are entitled to use the email address provided when making a purchase in our shop for direct marketing activities for our own similar products or services.

You can unsubscribe at any time by clicking the "Unsubscribe" link in the footer of an email or by sending an email to hallo@chocolate.rosacanina.eu, without incurring any costs other than the transmission costs according to the basic rates.

5.5 Postal advertising and your right of objection

Furthermore, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send you interesting offers and information about our products by post. This serves to protect our legitimate interests in addressing our customers with advertising, which prevail within the framework of a balancing of interests, in accordance with Art. 6 (1) (f) GDPR. You can object to the storage and use of your data for these purposes at any time by sending a message to the contact option described in this privacy policy.

The advertising mailings are carried out on our behalf by a service provider to whom we pass on your data for this purpose.

6. Cookies and other technologies

General information

To make visiting our website more attractive and enable the use of certain functions, we use technologies on various pages, including so-called cookies. 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 allow us to recognize your browser the next time you visit (persistent cookies).

We use technologies that are absolutely necessary for the use of certain functions of our website (e.g., the shopping cart function). These technologies collect and process IP addresses, the time of visits, device and browser information, as well as information about your use of our website (e.g., information about the contents of your shopping cart). Within the framework of a balancing of interests, this serves the overriding legitimate interest in an optimized presentation of our offering in accordance with Art. 6 (1) (f) GDPR.

We also use technologies to fulfill the legal obligations to which we are subject (e.g., to be able to prove consent to the processing of your personal data), as well as for web analytics and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.

You can find the cookie settings for your browser under the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™

If you have consented to the use of the technologies in accordance with Art. 6 (1) (a) GDPR, you can revoke your consent at any time by sending a message to the contact option described in the data protection declaration.

7. Use of cookies and other technologies for web analysis and advertising purposes

If you have given your consent in accordance with Art. 6 (1) (a) GDPR, we use the following cookies and other third-party technologies on our website. Once the purpose no longer applies and we no longer use the respective technology, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information on your options for revoking your consent can be found in the "Cookies and other technologies" section. Further information, including the basis of our cooperation with the individual providers, can be found under the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please use the contact options described in this privacy policy.

7.1 Use of Google services

We use the technologies of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) shown below. The information automatically collected by Google technologies about your use of our website is usually transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision from the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. If your IP address is collected via Google technologies, it will be shortened before being stored on Google’s servers by activating IP anonymization. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. Unless otherwise stated for the individual technologies, data processing is based on an agreement concluded for the respective technology between joint controllers in accordance with Art. 26 GDPR. Further information about data processing by Google can be found in Google’s privacy policy.

Google Analytics

For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information, as well as information about your use of our website). This data is used to create user profiles using pseudonyms. Cookies may be used for this purpose. Your IP address will not be merged with other Google data. Data processing is based on a contract processing agreement with Google.

To optimize the marketing of our website, we have activated the data sharing settings for "Google Products and Services." This allows Google to access the data collected and processed by Google Analytics and subsequently use it to improve Google services. Data sharing with Google under these data sharing settings is based on an additional agreement between the controllers. We have no influence on subsequent data processing by Google.

For web analysis, the Google Analytics extension Google Signals enables so-called "cross-device tracking." If your internet-enabled devices are linked to your Google Account and you have activated the "personalized advertising" setting in your Google Account, Google can create reports on your usage behavior (especially cross-device user numbers), even if you change your device. We do not process personal data in this regard; we only receive statistics compiled based on Google Signals.

For web analysis and advertising purposes, the Google Analytics extension uses the so-called DoubleClick cookie to recognize your browser when you visit other websites. Google will use this information to compile reports on website activity and to provide other services related to website activity.

Google AdSense

Our website markets space for third-party advertisements through Google AdSense. These ads will be displayed to you at various locations on this website. The so-called DoubleClick cookie enables the display of interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information, and information about your use of our website) and automatically assigning a pseudonymous user ID, which is used to determine interests based on visits to this and other websites.

Google Ads

For advertising purposes in Google search results and on third-party websites, a Google Remarketing Cookie is set when you visit our website. This cookie automatically collects and processes data (IP address, time of visit, device and browser information, and information about your use of our website) and uses a pseudonymous cookie ID to enable interest-based advertising based on the pages you visit. Further data processing only takes place if you have activated the "personalized advertising" setting in your Google account. If you are logged in to 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.

For website analysis and event tracking, we use Google Ads Conversion Tracking to measure your subsequent usage behavior if you have accessed our website via a Google Ads advertisement. Cookies may be used for this purpose and data (IP address, time of visit, device and browser information, as well as information about your use of our website based on events specified by us, such as visiting a website or subscribing to a newsletter) may be collected. From this data, user profiles are created using pseudonyms.

Google Maps

To visually display geographical information, Google Maps collects data about your use of the Maps features, in particular your IP address and location data, transmits it to Google, and then processes it. We have no influence on this subsequent data processing.

Google reCAPTCHA

To protect against misuse of our web forms and spam by automated software (so-called bots), Google reCAPTCHA collects data (IP address, time of visit, browser information, and information about your use of our website) and uses JavaScript and cookies to analyze your use of our website. In addition, other cookies stored in your browser by Google services are evaluated. No personal data is read or saved from the input fields of the respective form.

YouTube Video Plugin

To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the YouTube video plugin in the extended data protection mode we use, transmitted to Google and then processed by Google, only when you play a video.

7.2 Use of Facebook services

Facebook Analytics

As part of Facebook Analytics, the data collected with the Facebook pixel about your use of our website is used to create statistics about visitor activity on our website. This data processing is based on a contract processing agreement with Facebook. Your analysis serves to optimally present and market our website.

Facebook Ads

We advertise this website on Facebook and other platforms using Facebook Ads. We determine the parameters of each advertising campaign. Facebook is responsible for the precise implementation, in particular the decision regarding the placement of ads for individual users. Unless otherwise stated for the individual technologies, data processing is based on an agreement between joint controllers in accordance with Art. 26 GDPR. Joint controllership is limited to the collection of data and its transmission to Facebook Ireland. This does not include subsequent data processing by Facebook Ireland.

7.3 Other providers of web analysis and online marketing services

Use of Adobe Fonts to display content

To ensure consistent content presentation on our website, data (IP address, time of visit, device and browser information) is collected using the "Adobe Fonts" script code from Adobe, Inc., 345 Park Avenue San Jose, CA 95110-2704, USA ("Adobe"), transmitted to Adobe, and subsequently processed by Adobe. We have no influence on this subsequent data processing. There is no adequacy decision from the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. Data processing is based on an agreement between joint controllers in accordance with Art. 26 GDPR.

Use of Vimeo Video Plugin to integrate third-party content

To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the video plugin from Vimeo LLC, 555 West 18th Street, New York 10011, USA (“Vimeo”), transmitted to Vimeo and then processed by Vimeo. The data processing is based on an agreement between joint controllers in accordance with Art. 26 GDPR. Google Analytics is automatically integrated into the Vimeo video plugin. For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information about your use of our website), from which user profiles are created using pseudonyms. Cookies may be used for this purpose. Google Analytics is a service provided by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). The information automatically collected by Google about your use of our website is usually transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. Your IP address is shortened before being stored on Google's servers by activating IP anonymization. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. We have no influence on or access to data processing by Vimeo, including the settings and results of Google Analytics. The European Commission has not issued an adequacy decision for the USA. Our cooperation is based on standard data protection clauses of the European Commission.

8. Social Media

8.1 Social Plugins from Facebook, Twitter, Instagram, Whatsapp

Our website uses social buttons from social networks. These are simply embedded in the page as HTML links, so no connection is established with the servers of the respective provider when you visit our website. Clicking on one of the buttons opens the website of the respective social network in a new browser window. There you can, for example, click the Like or Share button.

8.2 Our online presence on Facebook, Instagram, TikTok

If you have given your consent to this in accordance with Art. 6 (1) (a) GDPR to the respective social media operator, when you visit our online presence on the social media mentioned above, your data will be automatically collected and stored for market research and advertising purposes, from which user profiles will be created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. Detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your related rights and setting options to protect your privacy, can be found in the data protection information of the providers linked below. If you still need help in this regard, you can contact us.

Facebook is a service of Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland (“Facebook Ireland”). The information automatically collected by Facebook Ireland about your use of our online presence on Facebook is generally transferred to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. There is no adequacy decision from the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. Data processing when you visit a Facebook fan page is based on an agreement between joint controllers in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.

Instagram is a service provided by Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland (“Facebook Ireland”). The information automatically collected by Facebook Ireland about your use of our online presence on Instagram is generally transferred to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. There is no adequacy decision from the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. Data processing when you visit an Instagram fan page is based on an agreement between joint controllers in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.

Please carefully consider what personal information you share with us through TikTok (TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland).

We expressly point out that TikTok stores the data of users of its services (e.g., personal information, IP address, etc.) and may also use this data for business purposes. Further information on TikTok's data processing can be found in TikTok's privacy policy at: https://www.tiktok.com/legal/privacy-policy-eea?lang=de

We have no influence on the data collection and further processing by TikTok. Furthermore, we cannot determine the extent, location, and duration of data storage, the extent to which TikTok complies with existing deletion obligations, the evaluations and links made to the data, and to whom the data is shared.

9. Contact options and your rights

As a data subject, you have the following rights:

pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;

pursuant to Art. 16 GDPR, you have the right to immediately request the rectification of inaccurate or incomplete personal data stored by us;

According to Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, unless further processing

to exercise the right to freedom of expression and information;

to fulfill a legal obligation;

for reasons of public interest or

is necessary to assert, exercise or defend legal claims;

According to Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data, insofar as

you dispute the accuracy of the data;

the processing is unlawful but you oppose its erasure;

we no longer need the data, but you need it to assert, exercise or defend legal claims or

You have objected to the processing pursuant to Art. 21 GDPR;

pursuant to 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, information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a specific use of data, please contact us directly using the contact details in our legal notice.

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.