Privacy policy

Privacy Policy

We attach great importance to protecting your data and safeguarding your privacy. Therefore, we inform you below about the collection and use of personal data when using our website.

This privacy policy is based on the definitions used by the European legislator when enacting the General Data Protection Regulation (GDPR). This privacy policy uses, among others, the following terms: personal data, data subject, processing, restriction of processing, profiling, controller, recipient, third party, consent. Precise definitions of these terms can be found in Article 4 of the General Data Protection Regulation.

Name and contact details of the data controller
The data controller is:
Arkadiusz Buda & Stanislaw Piernik, a partnership under civil law
Herbert-Jensch-Str. 111
15234 Frankfurt (Oder)
Germany
Phone: +49 (0) 175 44 55 264
Email: info@warmandcold.de

1. Collection and storage of personal data, type and purpose of their use, and legal basis for their processing

We use the following data:
• Salutation
• First name, last name
• Billing and delivery address
• Email address
• Billing and payment data
• Date of birth
• Telephone number
• Shop settings

We use this data:
a) based on your consent (Art. 6 para. 1 sentence 1 lit. b GDPR)

• for sending our newsletter

b) to fulfill contractual obligations (Art. 6 para. 1 sentence 1 lit. b GDPR)

• to identify you as our customer;
• to process, fulfill, and complete your order;
• for correspondence with you;
• for invoicing; • for the processing of any liability claims that may arise, as well as for asserting any claims against you;
The data processing is carried out at your request and, according to Art. 6 Para. 1 Sentence 1 lit. b GDPR, is necessary for the purposes mentioned for the proper processing of your order and for the mutual fulfillment of obligations arising from the purchase contract.
• for opening and managing your customer account

c) within the scope of balancing interests (Art. 6 Para. 1 Sentence 1 lit. f GDPR)

• to assert our legal claims against you if necessary and to defend ourselves in legal disputes
• For the preparation of tax returns by tax advisors

d) due to legal requirements (Art. 6 Para. 1 Sentence 1 lit. c GDPR)

• to fulfill obligations arising from legal requirements, e.g., due to tax and commercial law retention and documentation obligations (from the German Commercial Code, German Criminal Code or German Fiscal Code) or to ensure data security (Art. 32 GDPR, Art. 5 Para. 1 f GDPR).

1.1. Cookies

This website uses cookies to store user-specific data. These are, for example, language or page settings. These are small files that are stored on your device. Your browser can access this data on each subsequent visit and thus reload your default settings. The use of cookies increases the user-friendliness, speed and security of this website.

1.2. Log files

We collect data about access to the site and store it as "server log files". The following data is logged:

• Website visited
• 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

Server log files are generally stored for 14 days and then deleted. The data is stored for security reasons, for example, to investigate cases of misuse. If data must be retained for evidentiary purposes, it will be exempt from deletion until the incident is finally resolved.

1.3. Newsletter

If you have subscribed to our newsletter and provided us with your email address, you have also authorized us to contact you by email. The data stored as part of the newsletter registration will be used exclusively for sending our newsletter.

2. Data Storage

2.1. The personal data collected for processing your order will be stored by us until the expiration of the statutory retention period and then deleted, unless we are obligated to store it for a longer period pursuant to Article 6, Paragraph 1, Sentence 1, Letter c of the GDPR due to tax and commercial law retention and documentation obligations (from the German Commercial Code, Criminal Code, or Tax Code) or you have consented to further storage pursuant to Article 6, Paragraph 1, Sentence 1, Letter a of the GDPR.

2.2. For your convenience, your data will be permanently stored when you create a customer account. You have the option to delete your customer account at any time. However, this is not equivalent to the deletion of the data stored in your customer account if you have already placed an order with us. In this case, the provisions of point 2.1 apply accordingly.

3. Data Transfer

We only transfer your personal data to third parties or processors involved in the contract processing, such as the logistics company responsible for delivery and the credit institution responsible for payment processing. In cases of transfer of your personal data to third parties or processors, the scope of the transmitted data is limited to the necessary minimum.

We only transfer your personal data to third parties if:
• you have given your explicit consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
• the transfer is necessary in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR for the assertion, exercise, or defense of legal claims or within the scope of a client relationship with a tax consultancy firm and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data,
• there is a legal obligation for the transfer in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR, and
• this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

4. Data Subject Rights

You have the right:
• to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected from you, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• pursuant to Art. 16 GDPR, to request the immediate rectification of inaccurate or completion of your personal data stored by us;
• pursuant to Art. 17 GDPR, to request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims.
If you generally want to disable, delete, or manage cookies, there are separate instructions for each browser:
Chrome: Delete, enable, and manage cookies in Chrome
Safari: Manage cookies and website data with Safari
Firefox: Delete cookies to remove data that websites have stored on your computer
Internet Explorer: Delete and manage cookies
Microsoft Edge: Delete and manage cookies
• pursuant to Art. 18 GDPR, to request the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful, but you oppose its erasure and we no longer need the data, but you require it for the establishment, exercise or defense of legal claims, or you have objected to the processing pursuant to Art. 21 GDPR; • In accordance with Article 20 of the GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format, or to request its transmission to another controller;
• In accordance with Article 7(3) of the GDPR, to withdraw your consent at any time. This means that we will no longer be permitted to continue the data processing based on this consent in the future; and
• In accordance with Article 77 of the GDPR, to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace, or our company's registered office.

5. Right to object

If your personal data is processed on the basis of legitimate interests pursuant to Article 6(1)(f) of the GDPR, you have the right, pursuant to Article 21 of the GDPR, to object to the processing of your personal data, provided that there are grounds relating to your particular situation, or if the objection is directed against direct marketing. In the latter case, you have a general right to object, which does not require any specific justification.

If you wish to exercise your right of withdrawal or objection, simply send an email to: mailto:info@warmandcold.de. The withdrawal or objection may, however, be submitted in any form.

Regardless of the foregoing, you have the right at any time to object to the processing of your personal data for advertising and data analysis purposes.

6. Data Security

We employ appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties. Our security measures are continuously improved in line with technological advancements.
Furthermore, we use SSL (Secure Socket Layer) encryption protocol for the secure transmission of data over the internet, thereby ensuring the protection of confidential data.

7. Currency and Amendments to this Privacy Policy

This privacy policy is currently valid and was last updated in October 2020.

Due to the further development of our website and its offerings, or due to changes in legal or regulatory requirements, it may become necessary to amend this privacy policy. The current version of the privacy policy can be found under a correspondingly labeled button on our website.