PRIVACY POLICY

www.charmaineshaw.com

LAST UPDATED: Sunday, February 14, 2021

TABLE OF CONTENTS

1        INTRODUCTION

2        DEFINITIONS

3        COOKIES

4        COLLECTION OF GENERAL DATA AND INFORMATION

5        USE OF PERSONAL DATA

6        SHARING OF INFORMATION

7        CONTACT POSSIBILITY VIA THE PLATFORM

8        CCPA PROVISO

9        SECURITY

10     ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA

11     RIGHTS OF THE DATA SUBJECT AS PER GDPR

12     MARKETING

13     PROTECTION FOR CHILDREN

14     LEGAL BASIS FOR THE PROCESSING

15     THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY

16     PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED

17     PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT.

18     DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF FACEBOOK

19     DATA PROTECTION PROVISIONS FACEBOOK (VISITOR ACTION PIXEL)

20     DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE ANALYTICS (WITH ANONYMIZATION FUNCTION)

21     PAYMENT METHOD: DATA PROTECTION PROVISIONS ABOUT THE USE OF PAYPAL AS A PAYMENT PROCESSOR

 

1       INTRODUCTION

We are delighted that you have shown interest in the services of Charmaine V Shaw (hereinafter referred to as “CVS”, “we”, “us”, or “our”) which are provided via https://charmaineshaw.com/ and the services provided through our website or directly via different tools (collectively the “Platform”). Data protection is a particularly high priority for CVS. The use of the Platform of CVS is possible without any indication of personal data; however, if a data subject wants to use special services via our Platform, processing of personal data may become necessary. If the processing of personal data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data of a data subject shall always be in line with:

  • The General Data Protection Regulation (“GDPR”),
  • The California Consumer Privacy Act (“CCPA”),
  • The California Online Privacy Protection Act (“CalOPPA”),
  • The Children’s Online Privacy Protection Act (“COPPA”),
  • and in accordance with the country-specific data protection regulations applicable to CVS.

Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled.

As the controller, CVS has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed through this Platform. However, Internet-based data transmissions may, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

If you have any questions regarding this Privacy Policy, please do not hesitate to contact us at: charmaine@charmaineshaw.com

 

2       DEFINITIONS

Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, among other things, the following terms:

2.1    Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

2.2    Platform Usage Information

Means the non-personally identifiable information used to find out how you use our Platform. The collection of this information allows us to optimize the functionality of the Platform. We may also share this information with affiliates or third parties as we deem appropriate.

2.3    Additional Information

Additional Information means the additional information that is not required for registration purposes but used for enhancing user experience on the Platform.

2.4    Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

2.5    Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

2.6    Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

2.7    Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

2.8    Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

2.9    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

2.10 Processor

Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

2.11 Recipient

Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

2.12 Third-party

Third-party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

2.13 Consent

Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

3       COOKIES

The Platform of CVS uses cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Platform and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, CVS can provide the users of this Platform with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our Platform can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our Platform users. The purpose of this recognition is to make it easier for users to utilize our Platform. The Platform user that uses cookies, e.g., does not have to enter access data each time the Platform is accessed, because this is taken over by the Platform, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our Platform employing a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Platform may be entirely usable.

4       COLLECTION OF GENERAL DATA AND INFORMATION

We collect personal data from you when you provide it to us directly and through your use of the Platform. This information may include:

  • Information you provide to us when you use our Platform (e.g., your name, contact details, age, and any information which you add to the message);
  • Transaction and billing information if you make any purchases from us or using the Platform;
  • Records of your interactions with us (e.g., if you contact our customer service team, interact with us on social media);
  • Information you provide us when you enter a competition or participate in a survey;
  • Information collected automatically, using cookies and other tracking technologies (e.g., which pages you viewed and whether you clicked on a link in one of our email updates). We may also collect information about the device you use to access the Platform; and

Other information necessary to provide the Platform, for example we may access your location if you give us your consent.

The Platform of CVS collects a series of general data and information when a data subject or automated system calls up the Platform. This general data and information are stored in the server log files. The Personal Data collected may include:

 

  • Names
  • Age
  • Email
  • Phone number
  • Address
  • Interests
  • Personal Issues
  • Wellness Goals
  • Other information required to fulfil a contractual obligation.

 

Platform Usage Information may include:  

  • the date and time of access to the Platform
  • geo-location data
  • any other similar data and information that may be used in the event of attacks on our information technology systems.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

When using these general data and information, CVS does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our Platform correctly, (2) optimize the content of our Platform as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, (4) for analytics purposes, (5) to facilitate account creation and logon process, (6) request feedback (7) as necessary for basic functionality of the Platform and account management (billing our clients) and, (8) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, CVS analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise and to achieve an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5       USE OF PERSONAL DATA

Depending on how you use the Platform, your interactions with us, and the permissions you give us, the purposes for which we use your personal data include:

  • To fulfil your orders and maintain your account in our customer relationship management system.
  • To manage and respond to any queries or complaints to our customer service team.
  • To personalize the Platform to you and show you content we think you will be most interested in, based on your information, your purchase history, and your browsing activity.
  • To improve and maintain the Platform and monitor its usage.
  • For market research, e.g., we may contact you for feedback about our products and services.
  • To send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so.
  • For security purposes, to investigate fraud and where necessary to protect ourselves and third parties.
  • To comply with our legal and regulatory obligations.

We rely on the following legal basis, under data protection law, to process your personal data:

  • Because the processing is necessary to perform a contract with you or take steps prior to entering into a contract with you (e.g., where you have made a purchase with us, we use your personal data to process the payment and fulfil your order).
  • Because we have obtained your consent (e.g., where you contact us with a query, or if you consent to receive marketing from us).

We use information about you to tailor your view of the Platform, to make it more interesting and relevant in respect of the services, products and offers on view.

6       SHARING OF INFORMATION

We share your personal data with third parties in the following circumstances:

  • With our suppliers and service providers working for us, e.g., payment processors.
  • With our professional and legal advisors.
  • With third parties engaged in fraud prevention and detection.
  • With law enforcement or other governmental authorities, e.g., to report a fraud or in response to a lawful request.

7       CONTACT POSSIBILITY VIA THE PLATFORM

The Platform of CVS contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

8       CCPA PROVISO

The California Code of Regulations defines a (“resident“) as:

8.1    every individual who is in the State of California for other than a temporary or transitory purpose and

8.2    every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, certain rights and obligations apply regarding your personal information.

if you are a resident of California, you are granted specific rights regarding access to your personal information.

Your California Privacy Rights

If you are a California resident, you have the following rights specifically under the California Consumer Privacy Act:

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

(1) The categories of personal information we have collected about you;

(2) The categories of sources from which the personal information is collected;

(3) The business or commercial purpose for collecting your personal information;

(4) The categories of third parties with whom we have shared your personal information; and

(5) The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same).

If you are under 18 years of age, reside in California, and have a registered account with the Platform, you have the right to request removal of unwanted data that you publicly post on the Platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

Other Rights. California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided in this document.

Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Platform to you. If you ask us to delete it, you may no longer be able to access or use the Platform.

To exercise your rights under the California Consumer charmaine@charmaineshaw.com. Please provide your full name and e-mail address so that we may respond to your request as quickly as possible. You may be required to verify your identity before we fulfill your request. To do so, you will need to provide us with certain account information, such as your full name and email address. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization for the agent to act on your behalf. You will still need to verify your identity directly with us.

9       SECURITY

This Platform ensures that data is encrypted when leaving the Platform. This process involves the converting of information or data into a code to prevent unauthorized access. This Platform follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilized to protect customer data when in transit to and from this Platform over a secure communications channel.

Whilst we do everything within our power to ensure that personal data is protected at all times from our Platform, we cannot guarantee the security and integrity of the information that has been transmitted to our Platform.

10    ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by law expires, the personal data are routinely blocked or erased in accordance with legal requirements.

11    RIGHTS OF THE DATA SUBJECT AS PER GDPR

11.1 Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact us or another employee of the controller.

11.2 Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; the existence of the right to file a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may at any time contact our us or another employee of the controller.

11.3 Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact us or another employee of the controller.

11.4 Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

The personal data have been unlawfully processed.

The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by CVS, he or she may at any time contact our us or another employee of the controller. CVS or another employee shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. CVS or another employee will arrange the necessary measures in individual cases.

11.5 Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

The controller no longer needs the personal data for the processing, but they are required by the data subject for the establishment, exercise, or Defense of legal claims.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the conditions as mentioned above is met, and a data subject wishes to request the restriction of the processing of personal data stored by CVS, he or she may at any time contact us or another employee of the controller. CVS or another employee will arrange the restriction of the processing.

11.6 Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. As long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact CVS or another employee.

11.7 Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

CVS shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or Defense of legal claims.

If CVS processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to CVS to the processing for direct marketing purposes, CVS will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by CVS for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact CVS or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

11.8 Automated individual decision-making, including profiling.

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, CVS shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact CVS or another employee of the controller.

11.9 Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact CVS or another employee of the controller. 

12    MARKETING

Depending upon your marketing preferences, we may use your personal data to send you marketing messages by email, phone, or post. Some of these messages may be tailored to you, based on your previous browsing or purchase activity, and other information we hold about you.

If you no longer want to receive marketing communications from us (or would like to opt back in!), you can change your preferences at any time by contacting us (details below), clicking on the ‘unsubscribe’ link in any email. If you unsubscribe from marketing, please note we may still contact you with service messages from time to time (e.g., order and delivery confirmations, and information about your legal rights).

You may also see ads for the Platform on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to customers who have visited the Platform). Where you see an ad on social media, this may because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. In some cases, this may involve sharing your email address with the social network. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third-party websites.

13    PROTECTION FOR CHILDREN

The use of the Services is intended for and directed to adults. The Services is not directed to minors and we do not knowingly collect personal information from minors. If at any time in the future we plan to collect Personal Information from children under 16, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that Personal Information from a child under 16 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

14    LEGAL BASIS FOR THE PROCESSING

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our services. If we are subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

15    THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

16    PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. If the data subject requests for termination or terminates his CVS Account, the personal data shall be retained for a period of 1 year from date of termination.

17    PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT.

We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when we sign a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact us. We will clarify to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

18    DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF FACEBOOK

On the Platform, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet Site, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/.  During the course of this technical procedure, Facebook is made aware of what specific sub-site of the Platform was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to the Platform by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into the Platform, e.g., the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to the Platform by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to the Platform. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to the Platform is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g., the Facebook blocker of the provider Webgraph, which may be obtained under http://webgraph.com/resources/facebookblocker/. These applications may be used by the data subject to eliminate a data transmission to Facebook.

19    DATA PROTECTION PROVISIONS FACEBOOK (VISITOR ACTION PIXEL)

We use the “visitor action pixels” from Facebook Inc (1 Hacker Way, Menlo Park, CA 94025, USA, (“Facebook”)) on the Platform. This allows user behavior to be tracked after they have been redirected to the provider’s site by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e., we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads. Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

20    DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE ANALYTICS (WITH ANONYMIZATION FUNCTION)

On the Platform, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymized when accessing the Platform.

The purpose of the Google Analytics component is to analyze the traffic on the Platform. Google uses the collected data and information, among other things, to evaluate the use of the Platform and to provide online reports, which show the activities on the Platform, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of the Platform. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of the Platform by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through the Platform at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of the Platform, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript that any data and information about the visits of the Platform may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

21    PAYMENT METHOD: DATA PROTECTION PROVISIONS ABOUT THE USE OF PAYPAL AS A PAYMENT PROCESSOR

The Platform has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses “PayPal” as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting these payment options, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfil contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used, or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

 

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If you have any questions contact us at: charmaine@charmaineshaw.com