Private Sphere and Data Protection
Name and contact of the controller in accordance with Article 4 (7) GDPR
Company: stick & lembke GmbH
Address: Am Windhukkai 5, D-20457 Hamburg
Phone: + 49 40 311 823 89 – 0
Fax: + 49 40 311 823 89 – 9
Data protection officer
Name: Thomas Wolf
Address: Am Windhukkai 5, D-20457 Hamburg
Security and protection of your personal data
We see our prime task as being to maintain the confidentiality of the personal data that you have provided and to protect these data against unauthorized access. Consequently, we exercise the utmost care and apply the latest standards in order to guarantee maximum protection for your personal data.
As a company under public law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have taken technical and organizational precautions aimed at ensuring that not only we but also our external service providers adhere to the regulations on data protection.
- Personal data
“Personal data” means 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
“Restriction of processing” is the marking of stored personal data with the aim of limiting their processing in the future.
“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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymization” means 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 organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
- Filing system
“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.
“Controller” means 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means 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.
- Third party
“Third party” means 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 authorised to process personal data.
“Consent” of the data subject means 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.
Lawfulness of processing
Processing shall be lawful only if a legal basis exists for the processing. According to points (a) to (f) of Article 6 (1) GDPR, the legal basis for the processing may, in particular, be:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- 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;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- 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, in particular where the data subject is a child.
Information on the collection of personal data
(1) In the following, we provide information on the collection of personal data when you use our website. Examples of personal data include your name, address, e-mail addresses, user behaviour.
(2) When you contact us by e-mail or via a contact form, the data you supply (your e-mail address, and if appropriate your name and telephone number) are saved by us to answer your queries. We erase the data accumulated in this connection after storage is no longer necessary or the processing is restricted if statutory retention obligations exist.
Collection of personal data on a visit to our website
If you are merely using the website for purposes of information, hence if you do not register or transmit information to us by any other means, we only collect the personal data that your browser transmits to us. If you wish to view our website, we collect the following data that we require on technical grounds in order to display our website to you and to ensure the stability and security (the legal basis for this is point (f) Art. 6 (1) GDPR):
- IP address
- Date and time of the request
- Difference in time zone to Greenwich Mean Time (GMT)
- Contents of the requests (specific page)
- Access status/HTTP status code
- Quantity of data transferred in each case
- Website from which the request comes
- Operating system and its user interface
- Language and version of the browser software
(1) In addition to the previously mentioned data, cookies are also stored on your computer when you use our website. Cookies are small text files that are stored on your hard disc assigned to the browser you use and via which certain information flows to the location setting the cookie. Cookies are unable to execute any programs on or transfer viruses to your computer. Their function is to make the Internet service as a whole more user-friendly and more effective.
(2) This website uses the following types of cookies, the scope and function of which are outlined in the following:
- Transient cookies (see a.)
- Persistent cookies (see b.)
- Transient cookies are deleted automatically when you close the browser. They include, in particular, session cookies. The latter store what is called a session ID with which various requests from your browser can be assigned to the common session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
- Persistent cookies are automatically deleted after a predefined period of time, which may vary according to the cookie. You can delete cookies at any time in the security settings of your browser.
- You can configure your browser setting to match your preferences and, for example, refuse to accept third-party cookies or all cookies. “Third-party cookies” is the name used for cookies that have been set by a third party, hence not by the actual website that you are currently visiting. We wish to point out that by deactivating cookies you may not be able to use all the functions of this website.
Other functions and services of our website
(1) In addition to the use of our website for purely informational purposes, we offer you various services that you may use if interested. To this end, you generally have to provide further personal data, which we use to supply the respective service and to which the previously mentioned principles on data processing apply.
(2) To some extent, we make use of external service providers to process your data. They have been carefully selected and commissioned by us, are bound to our instructions and undergo regular inspection.
(3) Furthermore, we may pass on your personal data to third parties when we offer the opportunity to take part in promotions or competitions, to conclude contracts or similar services in conjunction with partners. You will obtain further information in this connection when you enter your personal data or below in the description of the service offer.
(4) If our service providers or partners are based in a state outside of the European Economic Area (EEA), we will inform you of the consequences of this situation in the description of the service offer.
Using our webshop
(1) If you wish to place an order in our webshop, it is necessary for you to supply the personal data we require from you for processing your order so that we can conclude the contract. Required fields for managing the contracts are specially indicated and any other details are provided voluntarily. We process the data you provide in order to manage your order. For this purpose, we may forward your payment data to our house bank. The legal basis for this is point (b) of Art. 6 (1) GDPR. You can create a customer account voluntarily, which we will use to store your data for subsequent purchases. When you create an account under “Your account” the data you have entered will be stored revocably. You can delete all other data, including your user account, at any time in the customer area.
(2) Reasons of commercial and tax law oblige us to store your address, payment and ordering data for a period of ten years. However, after two years, we carry out a restriction of the processing, i.e. your data will only be used to comply with the statutory obligations.
(3) In order to prevent unauthorized access by third parties to your personal data, and to financial data in particular, the order process is encrypted using TLS technology.
Date protection provisions in the use of external payment service providers
(1) We offer several payment methods for the use of the webshop and make use of different payment service providers. Different data will be transmitted to the respective payment service provider according to which method of payment you opt for. The legal basis for the transmission is point (a) of Art. 6 (1) GDPR. Below you will find a list of our payment service providers.
- If you opt for a method of payment from the service provider PAYONE, the payment transaction takes place via the payment services provider PAYONE GmbH, Fraunhoferstrasse 2-4, D-24118 Kiel, to whom we will forward the information provided within the scope of your order process as well as the information on your order. The forwarding of your data takes place exclusively for the purpose of payment management with the payment service provider PAYONE. The following types of payment are managed via Payone: direct debit, credit card payments, PayPal.
Our services are intended for adults as a matter of principle. Persons under the age of 18 should not transmit any personal data to us without the permission of their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
If the processing of the personal data is based on consent you have granted, you have the right to withdraw the consent at any time. Withdrawal of the consent does not affect the lawfulness of the processing that has taken place on the basis of the consent up until the time of its withdrawal.
You can contact us at any time in order to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to demand confirmation from the controller as to whether we are processing the relevant personal data. You can demand the confirmation at any time using the contact data supplied above.
(3) Right of access
Insofar as personal data are being processed, you can demand access to these personal data at any time and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the period for which it is planned to store the personal data, or, if that is 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 right to lodge a complaint with a supervisory authority;
- if the personal data have not been collected from the data subject, all available information on the source of the data;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.
Where personal data are transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer. We shall provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless you request otherwise, the information shall be provided in a commonly used electronic form. The right to obtain a copy, as referred to above, shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to obtain from the controller, namely us, the erasure of personal data concerning you without undue delay, and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR;
- the personal data have been unlawfully processed;
- the personal data have to 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) GDPR.
Where the controller has made the personal data public and is obliged pursuant to the above paragraph 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 the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) does not apply if processing is required:
- exercising the right of freedom of expression and information;
- 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;
- 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) GDPR;
- archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us restriction of processing where one of the following conditions 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 purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the conditions stated above, such personal data shall, with the exception of storage, only be processed with the data subject’s consent 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.
In order to assert the right to restriction of processing, the data subject may contact us at any time using the contact data provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, 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 – namely us, where:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and
- the processing is carried out by automated means.
In exercising your right to data portability pursuant to the above paragraph , you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten). That right shall not apply to processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) 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 point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, the 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. Where you object to processing for direct marketing purposes, the personal data 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.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR on grounds relating to your particular situation, you have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right to object at any time by contacting the controller concerned.
(9) Automated individual decision-making, including profiling
You 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. This shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- is authorised 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
- is based on the data subject's explicit consent.
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.
The data subject can exercise this right at any time by contacting the controller concerned.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, 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 this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how you use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, when IP anonymization is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other signatory countries to the Treaty creating the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website in order to compile reports on website activity for the website operator and to provide other services relating to website and Internet usage.
(2) The IP address transferred by your browser within the scope of Google Analytics will not be combined with other data from Google.
(3) You may prevent the saving of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent the data generated by the cookie and relating to your use of the website (incl. your IP address) from being collected and processed by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, IP addresses are processed in truncated form and cannot be traced to a specific person. Insofar as a personal link is attached to the data collected about you, it will therefore be excluded and the personal data thus erased immediately.
(5) We use Google Analytics so as to be able to analyse the usage of our website and regularly improve the site. The statistics acquired allow us to improve our range of services and make their design more interesting for you as a user. For the exceptional cases in which personal data are transmitted to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 (1) point (f) GDPR.
(7) This website also uses Google Analytics for an analysis of visitor flows across different devices, which is carried out via a user ID. You can disable the cross-device analysis of your use in your customer account, under “My Data”, “Personal Data”.
Integration of Google Maps
(1) We use the services of Google Maps on this website. This enables us to display interactive maps to you directly within the website and allow you to conveniently use the map function.
(2) Your visit to the website will cause Google to receive the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under the section of this policy entitled “Collection of personal data on a visit to our website”will be transmitted. This takes place regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in with Google, your data will be assigned directly to your account. If you do not want this assignment to your profile with Google, you must log out before activating the button. Google saves your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. An evaluation such as this takes place especially (even for users who are not logged in) to provide demand-oriented advertising and in order to inform other users of the social network about your activities on our website. You have a right to object to the formation of these user profiles, although you have to contact Google to exercise this right.
(3) You can obtain further information on the purpose and scope of data collection and the processing thereof in the provider’s privacy statements. There you will also obtain further information on your rights in this regard and optional settings to protect your private sphere. http://www.google.de/intl/en/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Google Web Fonts
In order to display the text, this page uses what are called web fonts, which are provided by Google (http://www.google.com/webfonts/). For this purpose, your browser loads the required web font into your browser cache when your call up our site. This is necessary so that your browser can display an optically improved rendition of our texts. If your browser does not support this function, a standard font from your computer will be used for the display.
You will find further information on Google Fonts here.
You will find general information on data protection at Google here.
We make use of external service providers (processors), e.g. for the despatch of goods, newsletters or payment transactions. A separate data processing contract has been concluded with the service provider in order to guarantee the protection of your personal data.
We work together with the following service providers:
PSN Pharma-Service-Nord GmbH, Novgorodstrasse 12, D-23560 Lübeck, +49 (0)451 58598-1050
eMotivo GmbH, Itzenbütteler Str. 97, D-21266 Jesteburg, www.emotivo.de