Data protection declaration according to the GDPR
I. Name and address of the controller
The controller within the meaning of the Basic Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is:
Ökohof Gemüsehandel GmbH
Uelzener Straße 73
21335 Lüneburg
Germany
Tel: +49 (0) 41 31 - 303 09 - 0
E-Mail: info@luhn-gmbh.de
Website: www.luhn-gmbh.de
Management:: Tanja Luhn-Ullbrich, Thorsten Ullbrich
II. Name and address of the data protection officer
The data protection officer of the controller is:
Andreas Rösner, Stellvertretung Matthias Dörling
Wolkenhof GmbH
Schillerstr. 13b
29525 Uelzen
Deutschland
Tel.: +49(0)581-9036-15/-25
E-Mail: datenschutz@wolkenhof.com
III. General information on data processing
1. Scope of processing of personal data
We only process personal data of our users if it is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after receiving the consent of the user. An exception applies in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) point (a) of the EU General Data Protection Regulation (GDPR) is the legal basis. In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6 (1) point (b) of GDPR is the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Article 6 (1) point (c) of GDPR is the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) point (d) of GDPR is the legal basis. If processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first interest, Article 6 (1) point (f) of GDPR is the legal basis for the processing.
3. Data erasure and storage period
The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Each time you visit our website, our system does not collect any data or information from the computer system of the calling computer.
V. Use of cookies
Our website does not use cookies.
VI. E-mail contact
1. Description and scope of data processing
There is an e-mail address on our website which can be used for electronic contact. In this case, the user's personal data transmitted by e-mail will be stored. In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of conversation.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6 (1) point (f) of GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Article 6 (1) point (b) of GDPR.
3. Purpose of data processing
If you contact us by e-mail, you have a legitimate interest in the processing of your data.
4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they have been collected. For the personal data sent by e-mail, this is the case when the conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts concerned have been finally clarified.
5. Objection and erasure of data
If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be erased in this case.
VII. Rights of the data subject
1. Right
You can ask the controller to confirm whether personal data concerning you will be processed by us.
If such processing has taken place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(5) the existence of the right to request from the controller rectification or erasure of personal data,
right to restriction of processing of personal data concerning you or to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of GDPR and,
at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged
consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you can request the appropriate guarantees in accordance with Article 46 of GDPR in connection with the transmission.
2. Right to rectification
You have the right to rectification and/or to have the personal data supplemented vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The controller shall make the rectification without undue delay.
3. Right to restriction of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose to the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;
(4) you have objected to processing pursuant to Article 21 (1) of GDPR pending verification whether the legitimate grounds of the controller override yours.
Where processing of data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the processing has been restricted according to the above conditions, you will be informed by the controller before the restriction of processing is lifted.
4. Right to erasure
a) Obligation regarding erasure
You may request from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following reasons applies:
(1) the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) you withdraw your consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2),
and where there is no other legal ground for the processing;
(3) you object to the processing pursuant to Article 21 (1) of GDPR and there are no overriding legitimate grounds for the processing,
or you object to the processing pursuant to Article 21 (2) of GDPR.
(4) the personal data concerning you have been unlawfully processed.
(5) the personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) the personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8 (1) of GDPR.
b) Information to third parties Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17 (1) of GDPR 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 controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Derogations
The right to erasure does not exist insofar as the processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject
or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9 (2) as well as Article 9 (3) of GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article
89 (1) of GDPR insofar as the right referred to in point (a) is likely to render impossible or seriously impair the achievement
of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.
5. Right to information
If you have exercised your right to rectification, erasure or restriction on processing vis-à-vis the controller, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction on processing, unless this proves impossible or would involve a disproportionate effort.
You have the right vis-à-vis the controller to be informed of such recipients.
6. 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. Furthermore you have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, where:
(1) the processing is based on consent pursuant to Article 6 (1) or point (a) of Article 9 (2) of GDPR or on a contract pursuant to point (b) of Article 6 (1); and(2) the processing is carried out by automated means.
In exercising your right you have the personal data transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You shall 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 point (e) or (f) of Article 6 (1), including profiling based on those provisions.
The controller shall no longer process the personal data concerning you unless he or she demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you shall 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.
Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw the data processing declaration of consent
You shall have the right to withdraw your declaration of consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. It shall not apply if the decision:
(1) is necessary for entering into, or performance of, a contract between you and a data controller;
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard
your rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Article 9 (1) of GDPR, unless point (a) or (g) of Article 9 (2) of GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (1) and (3) of paragraph 2, the data controller 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 to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall 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 GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of GDPR.
