Privacy Policy

Privacy Policy

Introduction

With the following privacy policy, we would like to inform you about the types of your personal data (hereinafter also referred to shortly as “data”) we process, for what purposes, and to what extent. The privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and especially on our websites, in mobile applications, and within external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”).

The terms used are not gender-specific.

Date: December 4, 2019

Table of Contents

Verantwortlicher

Gerhard Ludolf
Ellegårdvej 18
6400 Sønderborg

E-Mail-Adresse: info@frugt-handel.com

Telefon: +45 402 39 695

Impressum: https://www.frugt-handel.com/impressum/

Overview of Processing Activities

The following overview summarizes the types of processed data, the purposes of their processing, and refers to the individuals affected.

Types of Processed Data

  • Inventory data (e.g., names, addresses).

  • Content data (e.g., text entries, photographs, videos).

  • Contact data (e.g., email, phone numbers).

  • Meta-/communication data (e.g., device information, IP addresses).

  • Usage data (e.g., visited websites, interest in content, access times).

Categories of Data Subjects

  • Prospects.

  • Communication partners.

  • Users (e.g., website visitors, users of online services).

Purposes of Processing

  • Analysis of visit actions.

  • Interest-based and behavior-related marketing.

  • Contact inquiries and communication.

  • Conversion measurement (measurement of the effectiveness of marketing measures).

  • Profiling (creation of user profiles).

  • Remarketing.

  • Reach measurement (e.g., access statistics, detection of recurring visitors).

  • Tracking (e.g., interest/behavior-related profiling, use of cookies).

Relevant Legal Bases

Below we share the legal bases of the General Data Protection Regulation (GDPR) on which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection requirements in your or our country of residence may apply.

  • Consent (Art. 6 para. 1 sentence 1 lit. a GDPR) – The data subject has given consent to the processing of their personal data for one or more specific purposes.

  • Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller 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.

National Data Protection Regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. This includes in particular the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The BDSG contains special regulations regarding the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes, transmission and automated decision-making including profiling in individual cases. Furthermore, it regulates data processing for purposes of employment relationships (§ 26 BDSG), especially with regard to the establishment, implementation, or termination of employment relationships as well as the consent of employees. In addition, state data protection laws of the individual federal states may apply.

Security Measures

According to legal requirements and taking into account the state of the art, implementation costs, nature, scope, circumstances, and purposes of processing as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data as well as the access, input, transmission, security of availability, and segregation of data. Furthermore, we have established procedures to ensure the exercise of data subject rights, the deletion of data, and responses to data threats. Additionally, we consider the protection of personal data during the development or selection of hardware, software, and procedures in accordance with the principle of data protection, through technology design and privacy-friendly default settings.

SSL Encryption (https): To protect your data transmitted via our online offering, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.

Transmission and Disclosure of Personal Data

In the course of our processing of personal data, it may happen that the data is transferred to other entities, companies, legally independent organizational units, or individuals or disclosed to them. Recipients of this data may include, for example, payment institutions in the context of payment transactions, IT service providers entrusted with IT tasks, or providers of services and content integrated into a website. In such cases, we comply with legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

Data Processing in Third Countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, entities, or companies, this only occurs in accordance with legal requirements.

Subject to explicit consent or contractual or legal requirements for transmission, we process or allow the data to be processed only in third countries with a recognized level of data protection, including US processors certified under the “Privacy Shield,” or based on special guarantees, such as contractual obligations by so-called standard data protection clauses of the EU Commission, the existence of certifications, or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_en).

Use of Cookies

Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie primarily serves to store information about a user during or after his visit within an online offering. Stored information may include, for example, language settings on a website, login status, a shopping cart, or the position where a video was watched. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g., when user information is stored based on pseudonymous online identifiers, also referred to as “user IDs”).

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The following types of cookies and functions are distinguished:

  • Temporary Cookies (also: Session Cookies): Temporary cookies are deleted at latest after a user leaves an online offering and closes their browser.
  • Permanent Cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user revisits a website. Similarly, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie.
  • First-Party Cookies: First-party cookies are set by us.
  • Third-Party Cookies: Third-party cookies are primarily used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or strictly necessary) Cookies: Cookies may be necessary for the operation of a website (e.g., to store logins or other user inputs or for security reasons).
  • Statistics, Marketing, and Personalization Cookies: Cookies are also generally used for reach measurement and when user interests or behavior (e.g., viewing certain content, using features, etc.) are stored on individual websites in a user profile. Such profiles are used to display content to users that corresponds to their potential interests. This process is also known as “tracking,” i.e., tracking the potential interests of users. If we use cookies or tracking technologies, we will inform you separately in our privacy policy or as part of obtaining consent.

Legal Basis Information: The legal basis on which we process your personal data using cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies is based on our legitimate interests (e.g., in a commercially viable operation of our online offering and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.

General Information on Revocation and Objection (Opt-Out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke consent or to object to the processing of your data using cookie technologies (collectively referred to as “opt-out”). You can first declare your objection using your browser settings, for example, by disabling the use of cookies (although this may also restrict the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be made through a variety of services, especially in the case of tracking, via the websites http://optout.aboutads.info and http://www.youronlinechoices.com/. In addition, you can receive further objection instructions as part of the information about the services providers and cookies used.

Processing of Cookie Data Based on Consent: Before we process or allow data to be processed as part of the use of cookies, we ask users for consent that can be revoked at any time. Until consent is given, only cookies that are essential for the operation of our online offering are used. Their use is based on our interest and the interest of users in the expected functionality of our online offering.

  • Processed Data Types: Usage Data (e.g., visited websites, interest in content, access times), Meta/Communication Data (e.g., device information, IP addresses).

  • Concerned Persons: Users (e.g., website visitors, users of online services).

  • Legal Basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), Legitimate Interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

Contact

When contacting us (e.g., via contact form, email, telephone, or social media), the information of the inquiring persons is processed to the extent necessary to respond to the contact inquiries and any requested measures.

The response to contact inquiries within the framework of contractual or pre-contractual relationships is based on fulfilling our contractual obligations or responding to (pre)contractual inquiries and otherwise on the basis of legitimate interests in responding to inquiries.

  • Processed Data Types: Inventory Data (e.g., names, addresses), Contact Data (e.g., email, phone numbers), Content Data (e.g., text input, photographs, videos).

  • Concerned Persons: Communication Partners.

  • Purposes of Processing: Contact inquiries and communication.

  • Legal Basis: Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b GDPR), Legitimate Interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

Provision of the Online Offering and Web Hosting

In order to provide our online offering securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offering can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting services may include all information concerning the users of our online offering that accrue during use and communication. This regularly includes the IP address, which is necessary to deliver the contents of online offerings to browsers, and all inputs made within our online offering or on websites.

Email Sending and Hosting: The web hosting services we use also include the sending, receiving, and storage of emails. For these purposes, the addresses of the recipients as well as senders, as well as further information regarding email dispatch (e.g., the providers involved) and the contents of the respective emails, are processed. The aforementioned data may also be processed for the purpose of detecting spam. Please note that emails are generally not encrypted when sent over the internet. While emails are usually encrypted in transit, they are not encrypted on the servers from which they are sent and received unless an end-to-end encryption method is used. Therefore, we cannot assume any responsibility for the transmission path of emails between the sender and the recipient on our server.

Collection of Access Data and Log Files: We ourselves (or our web hosting provider) collect data on each access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volumes transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), and usually IP addresses and the requesting provider.

Server log files can be used for security purposes, for example, to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks), and to ensure the load and stability of the servers.

  • Processed Data Types: Content Data (e.g., text inputs, photographs, videos), Usage Data (e.g., visited websites, interest in content, access times), Meta/Communication Data (e.g., device information, IP addresses).

  • Concerned Persons: Users (e.g., website visitors, users of online services).

  • Legal Basis: Legitimate Interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

Online Marketing

We process personal data for the purpose of online marketing, which includes in particular the marketing of advertising space or the display of advertising and other content (collectively referred to as “content”) based on potential user interests and the measurement of their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar methods are used, by means of which information relevant to the user for the display of the aforementioned content is stored. This information may include, for example, viewed content, visited websites, used online networks, as well as communication partners and technical information such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data, this may also be processed.

The IP addresses of the users are also stored. However, we use available IP masking procedures (i.e., pseudonymization by shortening the IP address) to protect the users. In general, no clear data of the users (such as email addresses or names) are stored in the context of online marketing procedures, but pseudonyms are used. That is, neither we nor the providers of the online marketing procedures know the actual identity of the users, but only the information stored in their profiles.

The information in the profiles is usually stored in cookies or similar methods. These cookies can also be read later on other websites that use the same online marketing procedure, analyzed for the purpose of displaying content, supplemented with additional data, and stored on the server of the online marketing procedure provider.

Exceptionally, clear data can be assigned to the profiles. This is the case, for example, if users are members of a social network whose online marketing procedures we use and the network connects the profiles of the users with the aforementioned information. Please note that users can make additional agreements with the providers, for example by consenting during registration.

We generally only have access to aggregated information about the success of our advertisements. However, as part of so-called conversion tracking, we can check which of our online marketing methods have led to a so-called conversion, i.e., for example, to a contract conclusion with us. The conversion measurement is used solely to analyze the success of our marketing measures.

Unless otherwise stated, please assume that cookies used will be stored for a period of two years.

Legal Basis Information: If we ask users for their consent to the use of third-party providers, the legal basis for data processing is consent. Otherwise, the data of the users are processed based on our legitimate interests (i.e., interest in efficient, economic, and user-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed Data Types: Usage data (e.g., visited websites, interest in content, access times), Meta/communication data (e.g., device information, IP addresses).

  • Affected Persons: Users (e.g., website visitors, users of online services), Interested parties.

  • Purposes of Processing: Tracking (e.g., interest/behavioral profiling, use of cookies), Remarketing, Visit action evaluation, Interest-based and behavioral marketing, Profiling (creation of user profiles), Conversion measurement (measurement of the effectiveness of marketing measures), Reach measurement (e.g., access statistics, recognition of returning visitors).

  • Security Measures: IP masking (pseudonymization of the IP address).

  • Legal Basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

  • Opt-Out Option: Please refer to the privacy policies of the respective providers and the opt-out options provided for each provider (“Opt-Out”). If no explicit opt-out option has been provided, you can disable cookies in your browser settings. However, this may restrict some functions of our online offering. We also recommend the following opt-out options, which are offered summarily for respective areas: a) Europe: https://www.youronlinechoices.eu. b) Canada: https://www.youradchoices.ca/choices. c) USA: https://www.aboutads.info/choices. d) Across regions: http://optout.aboutads.info.

Services and Service Providers Used:

Data Deletion

The data processed by us will be deleted or restricted in processing according to legal requirements. This occurs when consent for processing is revoked, or other permissions are no longer valid (e.g., when the purpose of processing the data ceases to exist or they are no longer necessary for the purpose).

If the data is not deleted because it is required for other legally permissible purposes, its processing is restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons or whose storage is necessary for the assertion, exercise, or defense of legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data may also be provided within the individual data protection notices of this privacy policy.

Changes and Updates to the Privacy Policy

We ask you to regularly inform yourself about the content of our privacy policy. We will adjust the privacy policy as required by changes in our data processing activities. We will inform you as soon as changes require your cooperation (e.g., consent) or individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time, and we ask you to verify the information before contacting.

Rights of Data Subjects

As data subjects, you have various rights under the GDPR, particularly deriving from Articles 15 to 18 and 21 of the GDPR:

  • Right to Object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions. If personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
  • Right to Withdraw Consent: You have the right to withdraw your consent at any time.
  • Right to Information: You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and other supplementary information according to legal requirements.
  • Right to Rectification: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you or the completion of incomplete personal data.
  • Right to Erasure and Restriction of Processing: You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, or alternatively, the right to restrict processing of your personal data according to legal requirements.
  • Right to Data Portability: You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.
  • Right to Lodge a Complaint with a Supervisory Authority: You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Definitions

This section provides an overview of the terminology used in this privacy policy. Many of the terms are taken from the law and are primarily defined in Article 4 of the GDPR. The legal definitions are binding. The following explanations are intended primarily to aid understanding. The terms are sorted alphabetically.

  • Conversion Tracking: “Conversion Tracking” refers to a method used to determine the effectiveness of marketing measures. Typically, a cookie is stored on users’ devices within the websites where the marketing measures take place, and then retrieved again on the target website. For example, we can track whether the ads we placed on other websites were successful.
  • IP Masking: “IP Masking” is a method where the last octet, i.e., the last two numbers of an IP address, are deleted, so the IP address can no longer uniquely identify a person. IP masking is therefore a means of pseudonymizing processing procedures, especially in online marketing.
  • Interest-Based and Behavior-Based Marketing: Interest-based and/or behavior-based marketing refers to the predetermination of potential interests of users in advertisements and other content as precisely as possible. This is done based on information about their past behavior (e.g., visiting certain websites and spending time on them, purchasing behavior, or interacting with other users), which is stored in a so-called profile. Cookies are typically used for these purposes.
  • Conversion Measurement: Conversion measurement is a method used to determine the effectiveness of marketing measures. Typically, a cookie is stored on users’ devices within the websites where the marketing measures take place, and then retrieved again on the target website. For example, we can track whether the ads we placed on other websites were successful.
  • Personal Data: “Personal data” refers to any information relating to an identified or identifiable natural person (hereinafter “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 (e.g., cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
  • Profiling: “Profiling” refers to 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 (depending on the type of profiling, this may include information concerning age, gender, location data and movement data, interaction with websites and their content, shopping behavior, social interactions with other people) to analyze, or predict (e.g., interests in certain content or products, click behavior on a website, or location). Cookies and web beacons are often used for profiling purposes.
  • Web Analytics: Reach analysis (also known as Web Analytics) is utilized to assess the visitor traffic of an online offering and may encompass understanding the behavior or interests of visitors in specific information, such as webpage content. Through reach analysis, website owners, for instance, can determine when visitors access their website and what content interests them. This enables them to tailor the website content more effectively to the needs of their visitors. Pseudonymous cookies and web beacons are commonly employed for reach analysis purposes to recognize returning visitors and obtain more detailed analyses of the usage of an online offering.
  • Remarketing: Remarketing or retargeting refers to the process of tracking which products a user has expressed interest in on a website for advertising purposes, in order to remind the user of these products on other websites, such as in advertisements.
  • Tracking: Tracking denotes the ability to monitor user behavior across various online offerings. Typically, behavioral and interest-related information is stored in cookies or on servers of providers of tracking technologies (known as profiling) concerning the online offerings used. Subsequently, this information can be utilized, for example, to display advertisements to users that are likely to match their interests.
  • Controller: The term “Controller” refers to the natural or legal person, authority, institution, or other body that alone or jointly with others determines the purposes and means of the processing of personal data.
  • Processing: “Processing” encompasses any operation or set of operations performed on personal data, whether or not by automated means. This term is broad and includes virtually any handling of data, whether it involves collecting, analyzing, storing, transmitting, or deleting it.