Privacy Policy

1) Introduction and Contact Details of the Data Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. Below, we inform you about the handling of your personal data when using our website. Personal data means all data with which you can be personally identified.

1.2 The data controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Kerstin Tschech, Atelier Kerstin Tschech, Kapellenweg 5, 97259 Greußenheim, Germany, Tel.: +49 9369 981504, Email: info@pferdekunst.com. The data controller responsible for processing personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.

2) Data Collection When Visiting Our Website

2.1 When using our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the page server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Website visited
  • Date and time of access
  • Amount of data sent in bytes
  • Source/referrer from which you accessed the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

Processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not disclosed or otherwise used. However, we reserve the right to subsequently review the server log files if specific indications suggest unlawful use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the data controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string “https://” and the padlock symbol in your browser’s address bar.

3) Hosting & Content Delivery Network

Shopify

We use the system of the following provider to host our website and display its content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”)

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider’s servers. We have concluded a data processing agreement with the provider that ensures the protection of our website visitors’ data and prohibits its unauthorized disclosure to third parties.

When data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

4) Cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files stored on your device. Some of these cookies are automatically deleted again after the browser is closed (so-called “session cookies”), while others remain on your device for longer and enable page settings to be stored (so-called “persistent cookies”). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.

If personal data is also processed by individual cookies used by us, the processing is carried out pursuant to Art. 6 para. 1 lit. b GDPR either for the performance of the contract, pursuant to Art. 6 para. 1 lit. a GDPR where consent has been given, or pursuant to Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the website visit.

You can configure your browser to notify you when cookies are set and decide individually whether to accept them, or exclude the acceptance of cookies in certain cases or generally.

Please note that if cookies are not accepted, the functionality of our website may be restricted.

5) Contact

When you contact us (e.g. via the contact form or by email), personal data is processed exclusively for the purpose of handling and responding to your request and only to the extent required for this purpose.

The legal basis for processing this data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted when it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that no statutory retention obligations prevent this.

6) Data Processing When Opening a Customer Account

Pursuant to Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed to the extent required in each case if you provide us with such data when opening a customer account. You can find out which data is required to open the account from the input mask of the corresponding form on our website.

You may delete your customer account at any time by sending a message to the above-mentioned address of the controller. After your customer account has been deleted, your data will be deleted provided that all contracts concluded through it have been fully performed, no statutory retention periods prevent this, and we no longer have a legitimate interest in retaining the data.

7) Use of customer data for direct advertising

Sending the email newsletter to existing customers

If you have provided us with your email address when purchasing goods or services, we reserve the right to regularly send you offers by email for similar goods or services from our range to those you have already purchased. In accordance with Section 7 para. 3 UWG, we do not need to obtain separate consent from you for this. The data processing is therefore based solely on our legitimate interest in personalized direct advertising pursuant to Art. 6 para. 1 lit. f GDPR. If you initially objected to the use of your email address for this purpose, we will not send you emails.

You have the right to object at any time, with effect for the future, to the use of your email address for the aforementioned advertising purpose by notifying the controller named at the beginning. You will incur only transmission costs at the basic rates for this purpose. Upon receipt of your objection, use of your email address for advertising purposes will be discontinued without delay.

8) Data processing for order processing

8.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data collected by us will be disclosed pursuant to Art. 6 para. 1 lit. b GDPR to the commissioned transport company and the commissioned credit institution.

If, on the basis of a corresponding contract, we owe you updates for goods with digital elements or for digital products, we process the contact details you provided when placing your order in order to inform you personally as part of our statutory information obligations pursuant to Art. 6 para. 1 lit. c GDPR. In this context, your contact details are used strictly for the purpose of notifying you about updates owed by us and are processed by us for this purpose only to the extent necessary for the respective information.

8.2 To fulfill our contractual obligations, we may use supplier drop shipping. For this purpose, we disclose your name and delivery address to a supplier selected by us exclusively for the purpose of delivering the goods, pursuant to Art. 6 para. 1 lit. b GDPR.
If the delivery of goods that cannot be shipped as parcels (freight forwarding goods, bulky goods or similar) is owed, we will also disclose your telephone number to the aforementioned supplier in accordance with Art. 6(1)(b) GDPR if prior telephone coordination of a delivery date is required.

8.3 If we use dropshipping suppliers to fulfil our contractual obligations by means of direct shipment, we will also disclose your email address and/or telephone number to the dropshipping supplier in accordance with Art. 6(1)(a) GDPR before the goods are delivered for the purpose of coordinating a delivery date or announcing the delivery, provided that you have expressly consented to this during the ordering process.

Consent may be withdrawn from us at any time with effect for the future.

8.4 Gelato

We use the following provider to process orders: Gelato Sweden AB, c/o Epicenter, Mäster Samuelsgatan 36, 111 57 Stockholm, Sweden

Your name, address and, where applicable, other personal data will be disclosed to the provider in accordance with Art. 6(1)(b) GDPR exclusively for the purpose of processing the online order. Your data will only be disclosed to the extent actually required to process the order.

8.5 Picanova

We use the following provider to process orders: Picanova GmbH, Hohenzollernring 25, 50672 Cologne, Germany

Your name, address and, where applicable, other personal data will be disclosed to the provider in accordance with Art. 6(1)(b) GDPR exclusively for the purpose of processing the online order. Your data will only be disclosed to the extent actually required to process the order.

8.6 Whitewall

We use the following provider to process orders: WhiteWall Media GmbH, Europaallee 59, 50226 Frechen, Germany

Your name, address and, where applicable, other personal data will be disclosed to the provider in accordance with Art. 6(1)(b) GDPR exclusively for the purpose of processing the online order. Your data will only be disclosed to the extent actually required to process the order.

8.7 Use of payment service providers (payment services)

- PayPal

One or more online payment methods offered by the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method offered by the provider for which you make advance payments, the payment data you provided during the ordering process (including your name, address, bank and payment card details, currency and transaction number) as well as information about the contents of your order will be disclosed to the provider in accordance with Art. 6(1)(b) GDPR. In this case, your data will be disclosed exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

If you select a payment method for which we make advance payments, you will also be asked during the ordering process to provide certain personal data (first and last name, street, house number, postcode, town/city, date of birth, email address, telephone number and, where applicable, details of an alternative means of payment).

In order to safeguard our legitimate interest in determining your creditworthiness in such cases, we will forward this data to the provider for the purpose of a credit assessment pursuant to Art. 6 (1) (f) GDPR. On the basis of the personal data you have provided and other data (such as shopping cart contents, invoice amount, order history and payment experience), the provider assesses whether the payment method you have selected can be granted with regard to the risks of payment default and/or non-payment of claims.

The credit report may contain probability values (so-called score values). Where score values are included in the results of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of score values includes, among other things, but not exclusively, address data.

You may object to this processing of your data at any time by notifying us or the provider. However, the provider may continue to be entitled to process your personal data insofar as this is necessary to process the payment in accordance with the contract.
- Shopify Payments

This website offers one or more online payment methods from the following provider: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

When you select a payment method offered by the provider for which you make an advance payment (such as payment by credit card), your payment data provided during the ordering process (including your name, address, bank and payment card details, currency and transaction number) as well as information about the contents of your order will be transmitted to the provider pursuant to Art. 6 (1) (b) GDPR. In this case, your data will be transmitted exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

9) Tools and Miscellaneous

Cookie Consent Tool

This website uses a so-called “cookie consent tool” to obtain valid user consent for cookies and cookie-based applications that require consent. The “cookie consent tool” is displayed to users when they access the site in the form of an interactive user interface in which consent to specific cookies and/or cookie-based applications can be granted by checking the relevant boxes. When the tool is used, all cookies/services requiring consent are loaded only if the respective user has granted the corresponding consent by checking the relevant boxes. This ensures that such cookies are placed on the respective user's device only if consent has been granted.

The tool uses technically necessary cookies to store your cookie preferences. As a rule, no personal user data is processed in this process.

If, in an individual case, personal data (such as the IP address) is nevertheless processed for the purpose of storing, assigning or logging cookie settings, this is carried out pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and, consequently, in the legally compliant design of our website.

A further legal basis for the processing is Art. 6(1)(c) GDPR. As the controller, we are subject to the legal obligation to make the use of technically unnecessary cookies conditional on the respective user's consent.

Where required, we have concluded a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

Further information about the operator and the settings options of the cookie consent tool can be found directly in the corresponding user interface on our website.

10) Data Subject Rights

10.1 The applicable data protection law grants you the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the cited legal basis for the respective requirements for exercising these rights:

  • Right of access pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Art. 16 GDPR;
  • Right to erasure pursuant to Art. 17 GDPR;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to be informed pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

10.2 RIGHT TO OBJECT

IF, WITHIN THE SCOPE OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

11) Duration of the storage of personal data

The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and - where applicable - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

Where personal data are processed on the basis of explicit consent pursuant to Article 6(1)(a) GDPR, the data concerned will be stored until you withdraw your consent.

Where statutory retention periods exist for data processed in the context of legal transactions or legal transaction-like obligations on the basis of Article 6(1)(b) GDPR, these data will routinely be deleted after the retention periods have expired, provided that they are no longer required for the performance or initiation of the contract and/or we no longer have a legitimate interest in retaining them.

Where personal data are processed on the basis of Article 6(1)(f) GDPR, these data will be stored until you exercise your right to object under Article 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

Where personal data are processed for the purpose of direct marketing on the basis of Article 6(1)(f) GDPR, these data will be stored until you exercise your right to object under Article 21(2) GDPR.

Unless otherwise indicated by the other information in this statement regarding specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.