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Informativa sulla privacy

Privacy Policy - GEMELLii Drinks GmbH

Summary

GEMELLii Drinks GmbH ("GEMELLii" or "we", "us") takes the protection of your privacy and your Personal Data (as defined in the following paragraph) very seriously. The following information describes how and for what purposes we process your Personal Data (as defined in the following paragraph) in connection with your use of the website www.GEMELLii.com/de ("Website") and your order through the GEMELLii web shop https://shop.GEMELLii.com ("Web Shop", the term Website includes the Web Shop) as well as your rights.

"Personal Data" means information by which you or other persons can be identified or are identifiable. This includes your first and last name, date of birth, address, e-mail address, telephone number, date of purchase, financial information provided by you in connection with your purchase, your IP address and your purchasing habits.

We process the categories of Personal Data depending on how you use our Website. We process your Personal Data in order to enable you to shop in our Web Shop, to process payment and shipping, to provide our Website and information about our products, to enable you to contact us and to process your request, to contact you about products that may be of interest to you, to send you the newsletter as well as to send you samples of our products. Please see below under Section 3. for details.

In accordance with legal requirements, we will only pass on your Personal Data to service providers who support us in the operation of the Website and the Web Shop. A data transfer to third parties (so-called transfer recipients (as defined below in Section 7.)) will only take place to the extent necessary for the execution of the contract or as far as we are legally obliged to do so.  

You have the right of information, correction, and deletion, objection to processing, data transferability, the right to revoke any consent given or not to be the subject of an automated decision making process, and the right to complain to the supervisory authority. 

If you would like to obtain further information by us on the processing of your Personal Data, please find below the detailed version of our Privacy Policy (long version), or contact us at kundenservice@GEMELLii.com.

Long version


  1. Who is responsible for what happens to your Personal Data? 

The Website and the Web Shop are operated by GEMELLii Drinks GmbH ("GEMELLii" or "we", "us"). Responsible for the processing of Personal Data on this Website is:


GEMELLii Drinks GmbH
Hinter den Obergärten 36
60388 Frankfurt am Main
Germany

e-mail: kundenservice@GEMELLii.com
phone: +49 (0)6109 500 320 20

  1. What are Personal Data?

Personal Data is information that can directly or indirectly identify you. This includes information such as your name, address, e-mail address and telephone number, but also other information such as IP address, shopping habits and information about your lifestyle or preferences such as your hobbies and interests. 

  1. Which Personal Data do we collect and for what purposes will it be processed?

We collect your Personal Data in various ways, e.g. automatically when you visit our site or when you provide it to us when you contact us. 


In detail, we process the following categories of Personal Data for the purposes described below:


3.1. Provision of the Website and IT security


3.1.1. Description and scope of processing


When you visit our Website, we automatically process the so-called log files of our web server. These log files contain technical information about your use of the Website (usage data). This information includes referrer URL (the website from which you accessed the current Website), time of access, name of the (sub-)website or file accessed, status of the access, browser type and version, operating system type and version as well as your IP address ("Server Data").


3.1.2. Purpose of the processing


We process the Server Data for the operation of the Website and in order to ensure IT security. The processing serves to make the Website available to you in a functional and secure manner.


3.1.3. Legal basis of the processing


The legal basis for the processing of Server Data is Art. 6 para. 1 lit. b General Data Protection Regulation (GDPR) (fulfilment of contract).


3.1.4. Duration of processing


We process the Server Data until the respective session has ended and the data is no longer required for IT security purposes. In addition, we only store your usage data to comply with any statutory retention periods.


3.2. Shopping in the Web Shop 


3.2.1. Description and scope of processing


If you order products in our Web Shop without creating an account or logging in via the login of a third party, we process the data you provide us with when you place your order, or which is generated during the order process. These are: Name, Company, postal address, country/region, e-mail address, mobile phone number, telephone number, information regarding your ordered products, order history, order, price, details of your purchase, shipping address and information, differing billing address, payment details (if applicable via PayPal, Amazon Pay, Google Pay, Klarna) and payment history ("Order Information"). Data will be given to the third party service providers Last Point Solutions GmbH so that goods can be delivered. However, GEMELLii also obtains this data, of course.


3.2.2. Purpose of processing 


We process the Order Information in order to process your order and to handle the payment and shipping process. If you also provide us with your telephone number, we will contact you via phone if we have any questions about your order. Your Order Information will also be passed on to third parties for the purpose of processing the ordering, payment and shipping process (see Section 7. below). 


As an exception, we will also store your Order Information for further order processes if you have not created a Customer Account (as defined in Section 3.3.1. below), provided that you have expressly deposited this request with us by ticking the appropriate box during the ordering process. 


3.2.3. Legal basis of the processing


The legal basis for the processing of this Personal Data is Art. 6 para. 1 lit. b GDPR (fulfilment of contract). If you want us to store Order Information without creating a Customer Account (as defined in Section 3.3.1. below), the legal basis for processing is Art. 6 para. 1 lit. a GPDR (consent). 


You can revoke your consent by deleting your Cookies. Any processing carried out before the revocation remains lawful. 


3.2.4. Duration of processing


We process your Order Information until the ordering and shipping process is completed. If you have consented, we will store your Order Information until you revoke your consent to store the data. Beyond that, we only store your Order Information to comply with any statutory retention periods. 


3.3. Creating a Customer Account 


3.3.1. Description and scope of processing


When you create an account ("Customer Account") in our Web Shop, we process your name, first name, e-mail address and password as well as your Order Information when you place orders ("Account Information"). 


3.3.2. Purpose of processing 


We process your order and Account Information to facilitate further ordering processes and to spare you from having to re-enter your order and Account Information.  


3.3.3. Legal basis of the processing


The legal basis for the processing of this order and Account Information is Art. 6 para. 1 lit. b GDPR (fulfilment of contract). 


3.3.4. Duration of processing


We process your order and customer information until you delete your Customer Account. In addition, we store your Order Information only for the fulfilment of any legal retention periods. 


3.4. Newsletter


3.4.1. Description and scope of processing


If you register to receive our newsletter, we process the following Personal Data, namely your name and e-mail address ("News Data"). We also evaluate your use of our e-mail newsletter in order to understand how you use and accept our newsletter. For this purpose, we process whether you have opened our newsletter, which contents in particular you have clicked on and whether you have purchased the corresponding product in our Web Shop ("Interaction Data").


The legal basis for the processing of marketing data is your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to receive newsletters and offers at any time. 


3.4.2. Purpose of the processing


The purpose of the processing of the News Data is the regular sending (usually once or twice a month) of the GEMELLii newsletter (containing information and recommendations on GEMELLii products and exclusive offers). The purpose of processing the Interaction Data is to measure reach and success. 


3.4.3. Legal basis of the processing


The legal basis for the processing of your News Data and Interaction Data is Art. 6 para. 1 lit. a GDPR (consent). 


You can revoke your consent to receive the newsletter at any time via e-mail to kundenservice@GEMELLii.com. You can also cancel the newsletter at any time using the link at the end of the newsletter. Any processing carried out before the revocation remains lawful. 


3.4.4. Duration of processing


We process your News Data and Interaction Data for these purposes until you withdraw your consent to receive the newsletter. Beyond that, we only store Personal Data for the fulfilment of any statutory retention periods. 


3.5. Product recommendations via e-mail


3.5.1. Description and scope of processing


In order to send you recommendations by e-mail about products that may be of interest to you, we process your name, e-mail address and purchase history ("Product Recommendation Data").


3.5.2. Purpose of processing


We process the Product Recommendation Data in order to provide you with tailored information on our products similar to those you have already purchased by e-mail. 


3.5.3. Legal basis of the processing


The legal basis for the processing of Product Recommendation Data is Art. 6 para. 1 lit. f GDPR (legitimate interest). Our legitimate interest is to advertise to you in this way the same and similar products as those you have already purchased. These marketing measures are within the legal permission of § 7 para. 3 German Act against Unfair Competition (UWG), which is why your interest worthy of protection only prevails if you have objected to the processing.


You can object to receiving product recommendations at any time by sending an e-mail to kundenservice@GEMELLii.com. After receipt of your objection, we will stop sending further product recommendations. 


3.5.4. Duration of processing


We process your Product Recommendation Data for this purpose until you object to the processing of the Product Recommendation Data for this purpose. Beyond this, we will only store the Personal Data for the fulfilment of any statutory retention periods. 


3.6. Pairing Guide


3.6.1. Description and scope of processing


If you look at recommendations on the Website as to which mixers are suitable for certain types of gin, no Personal Data will be processed initially, except for the data mentioned in Section 3.1. Only if you would like to receive your mixer recommendation by e-mail we will process your name, e-mail address and your recommendation ("Mixer Data").


3.6.2. Purpose of processing


We process your Mixer Data in order to send you an individual recommendation. 


3.6.3. Legal basis of the processing


The legal basis for the processing of the Mixer Data is Art. 6 para. 1 lit. b GDPR (fulfilment of contract).


3.6.4. Duration of processing


We process the Mixer Data until we have sent you a recommendation. Beyond that, we only store your Mixer Data in order to comply with any legal retention periods.


3.7. Contacting us


3.7.1. Description and scope of processing


If you contact us by e-mail or via our Communicator (e.g. with questions or suggestions or to order free samples, but also to assert the rights of the persons concerned), we process the data you provide us with and the further communication between you and us. Depending on the request and the medium, we process the following Personal Data ("Contact Data"): personal information (e.g. name), professional and private contact data (e.g. address, company, e-mail) and company information (e.g. company, industry and position in the company, Website) as well as the content of the contact and our correspondence on this. We also process Server Data in connection with your inquiry and our communication.


3.7.2. Purpose of processing


The processing of the Contact Data serves us to process the establishment of contact and your request. The Server Data helps us to prevent misuse of the Website and to ensure the security of our information technology systems.


3.7.3. Legal basis of the processing


The legal basis for the processing of this Personal Data is Art. 6 para. 1 lit. b GDPR (contract implementation/contract initiation). The legal basis for answering your enquiries regarding data subject rights is Art. 6 para. 1 lit. c GDPR (fulfilment of legal obligation).


3.7.4. Duration of processing


We process your Personal Data until we have finally answered your inquiry. Beyond that, we only store your Personal Data for the fulfilment of any legal retention periods.


  1. What happens if minors use our offer?

Our Website addresses adults. However, it is possible that customers under the age of 18 call up the Website or purchase products through it. Our rule is that in cases where we know that a customer is under 16 years of age, we will not use their Personal Data for marketing purposes unless we have the written consent of their parents. 


  1. Are Cookies being used? 

 

When you visit our Website, we also process your Personal Data by using cookies and similar technologies such as pixels (collectively, unless stated otherwise, "Cookies"). 


5.1. What are Cookies?


Cookies are small text files that are stored in the memories of your end devices such as PCs, smartphones or tablet computers ("End Device") when you visit websites. Cookies allow a website to recognize a visitor's End Device during a repeated visit. In this way, Cookies help us to ensure that the Site functions properly and to understand how you use the Site in order to improve our Site and your user experience and tailor the Site to your interests.


5.2. Which Cookies are used and how can you manage these Cookies?


In the cookie management tool you will find an overview of the Cookies we use. The overview contains the purposes of the Cookies and further information on the respective Cookies.


On your first visit to our Website and then at any time in the cookie management tool, you can accept or reject individual or all Cookies separately.


Your settings made in the cookie management tool are stored on your computer or mobile device. You will therefore need to reset them if you delete your browsing history or use another device or internet browser.

You can also configure the use of Cookies through your browser settings. In this way, Cookies can be deleted or you can set whether you want to allow Cookies to be saved. Most browsers are set by default to accept Cookies, but you can set your browser to refuse Cookies or to ask you to confirm before accepting them. However, if you choose to decline Cookies, you may not be able to use some of the features of our Website (or the features of other websites) or to access some of the functions on our Website. 

Also you can object to some Cookies centrally at www.youronlinechoices.com. The cookie in question will then no longer collect data about your future visits to our Website. In addition, a renewed setting of the respective cookie is prevented. 


  1. Integration of social plugins and other tools 

6.1. Social plugins of Social Networks


On our Website, we provide you with social plugins from the social networks Facebook and Twitter ("Social Networks"). These are offers from the companies:


- Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin, D02, Ireland ("Facebook");

- Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA ("Twitter");


The plugins can be recognized by the respective logos of the companies. You can use these plugins to directly link, share or otherwise be active on the respective network.


Before you click, for example, on the Facebook "Share" and Twitter "Tweet" button, the data protection-friendly alternative used ("Shariff Button") merely transfers our server address to Facebook and Twitter instead of your IP address and other data. As long as you do not click on the social plugin to share content, you remain invisible to the operators of the respective social network. 


By activating the Social Plugin, you agree to the collection of your Personal Data by the respective social network. The respective social network is responsible for the data collection and processing by the social network, including the use of Cookies and similar technologies by the social network. Particularly, information regarding which of our Websites you have visited and your IP address is then transmitted to the social network, even if you do not obtain a profile with the respective social network or are not logged in there. If you are logged on the Social Networks as a member, the network will assign the information to your personal user account.


We therefore recommend that you read the privacy policy of the respective social network before activating the social plugin:


- Further information on the processing of your Personal Data by Facebook can be found in the Facebook privacy policy at: https://de-de.facebook.com/policy.php .

- Further information on the processing of your Personal Data by Twitter can be found in the Twitter privacy policy at: https://twitter.com/de/privacy.

- For information on the processing of Personal Data on the GEMELLii Social Media sites, please visit https://www.GEMELLii.com/de/Privacy-Policy


6.2. Social embeds


We provide social embeds of the social network Instagram on our Website. Social Embeds are Instagram content that we integrate on our Website in such a way that you do not have to leave the site. This is the inclusion of posts, videos or other content from Instagram LLC (1601 Willow Road Menlo Park, CA 94025, USA; "Instagram") on our Website. However, Facebook is responsible for Instagram's privacy practices. 


Social embeds can be recognized by the respective company logos next to a picture or post or other externally recognizable content. After activating the social embed, you will be able to see the Instagram content that we have included on our Website.


No Personal Data, such as your IP address, will be transmitted to Instagram before you click on the respective "View Content" button ("Activation Button").


By clicking on the Activation Button, you consent to the collection of your Personal Data by Instagram. Instagram is responsible for the data collection and processing that will then take place, including Instagram's use of Cookies and similar technologies. Please assume at least the following: Information regarding which of our web pages you have visited and your IP address will be transmitted to Instagram, even if you do not have a profile/account with Instagram or are not logged in. If you are logged in as a member of Instagram, the network associates the information with your personal account. We do not receive this information.


We therefore recommend that you read Instagram's privacy policy before clicking the Activation Button:


- Instagram (Facebook): https://help.instagram.com/155833707900388

- For more information on the processing of Personal Data on the GEMELLii Instagram site, please visit https://www.GEMELLii.com/de/Privacy-Policy


6.3. Google reCAPTCHA


We use the reCAPTCHA function of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google") on our Website. The data protection authority responsible for your data processing within the reCAPTCHA function is Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). 


The purpose of querying the reCAPTCHAs is to distinguish whether an entry is made by a human being or abusively by automated or machine processing. For this purpose, your IP address and any other data required by Google for the reCAPTCHA service are transmitted to Google ("Captcha Data").


The processing and transmission of your Captcha Data to Google for this purpose is based on our legitimate interest in protecting our Website from automated spying, abuse and spam, Art. 6 para. 1 lit. f GDPR.  We ourselves have no influence on the data processing by Google. 


The Captcha Data may also be transmitted by Google to the USA. For the transmission of Personal Data, Google has certified "Privacy Shield" and thus committed itself to ensuring the level of data protection applicable in the EU. 


For more information about Google's reCAPTCHA feature and the associated privacy policy, please visit: https://www.google.com/intl/de/policies/privacy/.


  1. Who receives your personal information?

We generally share your personal information with processors and other data controllers (so-called "Transfer Recipients") as follows:


7.1. Processors


We will pass on your Personal Data to service providers employed by us who assist us in the operation of the Website and the above-mentioned purposes as processors (Art. 28 GDPR). We have carefully selected these companies and have concluded contract processing agreements with them.  


7.2. Recipients of transmission


7.2.1. Contracting party


We also pass on your Personal Data to other responsible persons who process the Personal Data for their own purposes, as far as this is necessary for the execution of the contract or the provision of services, e.g. to the forwarding agent/parcel delivery company or payment service provider. Our contractual partners may use the data transmitted in this way exclusively for the purpose for which we have transmitted it.


The transmission of your Personal Data for these purposes is carried out for the fulfilment of the contract, Art. 6 para. 1 lit. b GDPR as well as due to our legitimate interest in making our operations efficient, Art. 6 para. 1 lit. f GDPR.


7.2.2. Credit assessment


For credit assessment purposes, in justified cases we exchange address and creditworthiness data with credit service companies (e.g. direct debit). The service providers are only granted access to such Personal Data that is necessary for the performance of the respective activity. The legal basis is Art. 6 para. 1 lit. f GDPR (legitimate interest).


7.2.3. Legal obligation or enforcement of legal claims


In addition, in individual cases, we will transfer your Personal Data to authorities, courts or organisations to the extent that it is necessary to protect the legitimate interests of ourselves or third parties (Art. 6 Para. 1 lit. f GDPR), or to the extent that we are legally obliged to do so (Art. 6 Para. 1 lit. c GDPR). Reasons for this may be, for example, the assertion of legal claims and defence in legal disputes, the guarantee of IT security and IT operation of GEMELLii or the prevention and investigation of criminal offences. We will inform you separately in the event of such a transfer in accordance with the data protection regulations.


7.2.4. Transfer of data to entities in countries outside the European Union


Data is not transferred to bodies in countries outside the European Union (so-called third countries). An exception to this is data transfer in cases where we use Cookies, social media or other technologies of non-European providers, as described in more detail above. Here we ensure an appropriate level of data protection by means of appropriate guarantees as far as this is legally required, e.g. EU standard contract clauses, Privacy Shield or BCR certification. If you would like to receive more information about the guarantees we use or a copy of them, please contact us at kundenservice@GEMELLii.com.


  1. What are your rights?

You have the following legal rights vis-à-vis GEMELLii in relation to Personal Data concerning you, given that the respective requirements are met. You can find more information about your rights and the conditions applicable on the European Commission's website https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_de.


8.1. Right of access 


As a data subject, you have the right to obtain information on the Personal Data processed by you and to obtain further information, e.g. the purposes of the processing, the recipients and the planned duration of the storage or the criteria for determining the duration.


8.2. Right of rectification and integration


You have the right to request the correction of incorrect Personal Data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete Personal Data.


8.3. Right of deletion ("right to be forgotten")


You may have the right to delete your Personal Data. This is e.g. the case if your Personal Data are no longer necessary for the original purposes, if you have revoked your declaration of consent under data protection law or if the Personal Data have been processed unlawfully.


8.4. Right to limit processing


As a data subject, you have the right to restrict data processing in the cases provided for by law.


8.5. Right to data transferability


As a data subject, in the cases prescribed by law, you have the right to receive Personal Data concerning you in a structured, common and machine-readable format.


8.6. Right of objection


As a data subject, on grounds relating to your particular situation, to the processing of certain Personal Data concerning you, you have the right to object at any time.


As a data subject, you have the right to object at any time to the processing of Personal Data relating to you for the purposes of direct marketing.


8.7. Right to withdraw your data protection consent


You can revoke your consent to the processing of your Personal Data at any time with effect for the future. However, the legality of the processing carried out up to the time of revocation is not affected by this.


8.8. Right to complain to a data protection authority


You have the right to complain to a supervisory authority, in particular in the Member State in which you are resident, your place of work is located or the place of the suspected infringement takes place, if you consider that the processing of Personal Data relating to you is in breach of the GDPR.


The competent supervisory authority for GEMELLii is the Hessian Commissioner for Data Protection and Freedom of Information (https://datenschutz.hessen.de/). 

  1. Does automated decision-making take place?

We do not use automated decision making including profiling in accordance with Art. 22 GDPR to achieve the respective purposes and provide the respective services. 

  1. Changes

This privacy information may change from time to time. Corresponding updates to the Privacy Policy will be published by us on this page. In case of substantial changes we will point this out accordingly.

  1. Further questions?

If you have any further questions that are not answered by our Privacy Policy, please send an e-mail to the following address: kundenservice@GEMELLii.com.


- Status May 2020 -

Italiano