Data Protection Policy

Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection regulations of the Member States and other regulations relating to data protection is:

aspiria|nonfood GmbH
Valvo Park, Shedhalle B 15-17
Essener Str.4
22419 Hamburg
Germany
Phone: + 49 40 88 94 16-0
E-mail: info@aspiria-nonfood.de
Website: http://www.aspiria-nonfood.de/

Name and address of the Data Protection Officer

The controller’s Data Protection Officer is:
Christian Böttger, Solicitor
NPP Niethammer Posewang & Partner GmbH
Johannes-Brahms-Platz 1
20355 Hamburg
Germany
Phone: + 49 40 33 44 6 - 575
E-Mail: mail@dsb-boettger.de

General information on data processing

We process the personal data of our users strictly to the extent necessary to provide a fully functioning website and our content and services. We process the personal data of our users only with the user’s consent. An exception to this rule applies in those cases where it is not possible to obtain prior consent for practical reasons and where statutory regulations permit the data to be processed.

Legal basis for the processing of personal data

Where we obtain the consent of the data subjects for the processing of personal data, Art. 6 (1) a) GDPR provides the legal basis therefor.

Art. 6 (1) b) GDPR provides the legal basis for the processing of personal data that is necessary to perform a contract to which the data subject is party. This shall also apply for processing that is necessary for measures implemented prior to entering into a contract.

Art. 6 (1) c) GDPR provides the legal basis where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject.

Art. 6 (1) d) GDPR provides the legal basis where processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person.

Art. 6 (1) f) GDPR provides the legal basis where processing is necessary to safeguard the legitimate interests of our company or a third party, and where such interests are not outweighed by the interests or fundamental rights and freedoms of the data subject.

Data erasure and data storage period

The personal data of the data subject shall be erased or blocked where there is no longer any reason to store such. Data may be stored beyond this period where stipulated by the European or national legislative authorities in Union regulations, laws or other provisions to which the controller is subject. Data shall also be blocked or erased if a storage period dictated by the aforementioned standards expires, unless it is necessary to continue to store the data for the purpose of entering into or fulfilling a contract.

Providing the website and creating log files

Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the requesting computer.

The following data is collected:

  1. Information about browser type and version used
  2. The user’s operating system
  3. The user’s Internet provider
  4. The IP address of the user
  5. Date and time of access
  6. Websites from which the user’s system accesses our website
  7. Websites accessed by the user’s system from our website

This data is also stored in our system’s log files. This data shall not be stored together with other personal data of the user.

Legal basis for data processing 

Art. 6 (1) f) GDPR provides the legal basis for the temporary storage of the data and the log files.

Purpose of data processing

It is necessary for the system to store the IP address temporarily to enable the website to be displayed on the user’s computer. This requires the user’s IP address to be stored for the duration of the session.

The data is stored in log files to ensure that the website functions properly. The data also enables us to optimise the website and to ensure the safety of our IT systems. In this context, the data is not evaluated for marketing purposes.

These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 (1) f) GDPR.

Storage period

The data shall be erased as soon as it is no longer required to achieve the purpose for which it was collected. Where data is collected to enable provision of the website, this shall be the case when the particular session has ended.

Where data is stored in log files, this shall be the case after seven days at the latest. It is possible for data to be stored beyond these periods. In this case, the IP addresses of the users shall be deleted or distorted so that a client visiting the website can no longer be identified.

Objection and deletion options

The collection of data to enable provision of the website and the storage of data in log files is essential for the website to function properly. Consequently, there is no option available for the user to object.

Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored on the Internet browser or stored by the Internet browser on the user’s computer system. When a user visits a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string that enables the browser to be clearly identified the next time it accesses the website.

We use cookies to make our website more user-friendly. Some elements of our website require the requesting browser to remain identifiable even after accessing a different page.

To this end, the following data is stored in the cookies and transmitted:

Language settings

b) Legal basis for data processing

Art. 6 (1) f) GDPR provides the legal basis for processing the personal data with the use of cookies.

c) Purpose of data processing

The purpose of using technically essential cookies is to make it easier for users to navigate websites. Some functions of our website are not available without the use of cookies. These functions require the browser to be recognised even after accessing a different page.

We need cookies for the following applications:
Changing language settings

The user data collected by technically essential cookies shall not be used to create user profiles.
These purposes also constitute our legitimate interests in data processing pursuant to Art. 6 (1) f) GDPR.

e) Storage period, objection and deletion options

Cookies are stored on the user’s computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can disable or restrict the transmission of cookies by adjusting the settings in your Internet browser accordingly. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, not all functions of this website may be available to you in their full capacity.

E-mail contact

Description and scope of data processing

You may contact us on our website using the e-mail address provided. In such cases, we store the user’s personal data transmitted in the e-mail.

In this context, data is not forwarded to third parties. The data shall be used solely for processing the conversation.

Legal basis for data processing

Art. 6 (1) a) GDPR provides the legal basis for processing data, where consent has been given by the user to do so.

Art. 6 (1) f) GDPR provides the legal basis for processing the personal data that is transmitted in an e-mail. Additionally, Art. 6 (1) b) GDPR provides the legal basis for processing data where the purpose of the e-mail contact is to conclude a contract.

Purpose of data processing

We process the personal data in the e-mail solely for the purpose of handling the request. If contact is made by e-mail, this also constitutes the required legitimate interest in the processing of the data.

Storage period

The data shall be erased as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data sent by e-mail, this shall be the case when the conversation with the user has ended. The conversation shall be deemed ended when the circumstances would suggest that the issue has been conclusively resolved.

Additional personal data collected during the transmission of the contact form is usually erased after a period of seven days.

Objection and deletion options

The user has the right at any time to withdraw his/her consent to the processing of the personal data. If the user contacts us by e-mail, he/she may object to the storage of his/her personal data at any time. In such cases, the conversation cannot be continued.

The objection can be submitted to us in writing or in text form. No particular form must be observed. The user is only required to indicate clearly his/her intention to withdraw his/her consent.

In this case, all personal data stored upon contacting us shall be erased.

Rights of the data subject

If personal data relating to you is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

Right of access

You have the right to obtain from the controller confirmation as to whether or not personal data relating to you is being processed by us.

If such data is processed, you may request information about the following details from the controller:

(1) the purposes for which the personal data is processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be 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 a right to rectification or erasure of the personal data relating to you, a right to restriction of processing by the controller or a right of objection to such processing;

(6) the existence of a right to lodge a complaint with a supervisory authority;

(7) where the personal data is not collected from the data subject, any available information as to the source thereof;

You have the right to request information on whether the personal data relating to you is transmitted to a third country or to an international organisation. In this context, you may request information on the appropriate safeguards pursuant to Art. 46 GDPR in connection with such a transmission.

Right to rectification

You have the right to obtain from the controller rectification or completion, provided that the processed personal data relating to you is incorrect or incomplete. The controller shall rectify the data without undue delay.

Right to restriction of processing

Under the following conditions, you may request that the processing of the personal data relating to you be restricted:

(1) you contest the accuracy of the personal data relating to you for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of use of the personal data instead;

(3) the controller no longer needs the personal data for the purposes of processing, but you need it for the establishment, exercise or defence of legal claims, or

(4) you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined if the legitimate reasons of the controller override your own legitimate reasons.

Where processing of the personal data relating to you has been restricted, such 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.

Where processing has been restricted under any of the aforementioned conditions, you shall be informed by the controller before the restriction on processing is lifted.

Right to erasure

Duty to erase

You have the right to obtain from the controller the erasure of personal data relating to you without undue delay and the controller shall be obligated to erase this personal data without undue delay where one of the following grounds applies:

(1) The personal data relating to you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.

(2) You withdraw the consent on which the processing was based pursuant to Art. 6 (1) a), or Art. 9 (2) a) GDPR, and where there is no other legal ground for the processing.

(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for said processing, or you object to the processing pursuant to Article 21 (2) GDPR.

(4) The personal data relating to you was processed unlawfully.

(5) It is necessary to erase the personal data relating to you for compliance with a legal obligation under the Union or Member State law to which the controller is subject.

(6) The personal data relating to you was collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

Information for third parties

Where the controller has made the personal data relating to you public and is obliged pursuant to Art. 17 (1) GDPR to erase said data, the controller, taking account of available technology and the cost of implementation, shall adopt appropriate measures, including technical measures, to inform controllers who are processing the personal data that you as the data subject have requested that said controllers delete any and all links to, or copies or replications of, this personal data.

Exceptions

There shall be no right to erasure where processing is necessary

(1) for exercising the right to freedom of expression and information;

(2) for compliance with a legal obligation, which requires processing under the 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 pursuant to Art. 9 (2) h) and i), and Art. 9 (3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in a) above is likely to render impossible or seriously compromise the achievement of the objectives of this processing; or

(5) for the establishment, exercise or defence of legal claims.

Right to notification

Where you have exercised your right to rectification, erasure or restriction of processing vis-à-vis the controller, the latter shall be obligated to notify each recipient to whom the personal data relating to you has been disclosed of any such rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate amount of effort.

You have the right to request that the controller inform you of these recipients.

Right to data portability

You have the right to receive the personal data relating to you and provided to the controller by you in a structured, commonly used and machine-readable format. You also have the right to transmit said data to another controller without being hindered from doing so by the controller to whom the personal data was provided, where

(1) the processing is based on consent pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b GDPR, and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data relating to you transmitted directly from one controller to another, where technically feasible. Freedoms and rights of other persons must not be comprised hereby.

The right to data portability shall not apply for the processing of personal data that 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.

Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you that is performed on the basis of Art. 6 (1) e) or f) GDPR; this shall also apply for any profiling based on these provisions.

The controller shall no longer process the personal data relating to you, unless it can demonstrate compelling legitimate reasons for the processing which overrides your interests, rights and freedoms, or unless the processing is necessary for the establishment, exercise or defence of legal claims.

Where the personal data relating to you is processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data relating to you for said purposes; this shall also apply for profiling to the extent that it is related to such direct marketing.

Where you object to the processing of data for direct marketing purposes, the personal data relating to you shall no longer be processed for such purposes.

In the context of the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Right to withdrawal of the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of any processing for which consent was given and which was carried out prior to the withdrawal thereof.

Automated individual decision-making process, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you or significantly affects you in a similar manner. This shall not apply where the decision

(1) is necessary for the purpose of concluding or performing a contract between you and the controller,

(2) is authorised by the 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 made with your explicit consent.

However, these decisions may not be based on specific categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) a) or g) GDPR applies and suitable measures for safeguarding your rights and freedoms and your legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual place of residence, place of work or place of the alleged infringement, where it is your opinion that the processing of the personal data relating to you is in breach of GDPR regulations.

The supervisory authority with which the complaint was lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of judicial remedy pursuant to Article 78 GDPR.