1. Privacy at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. Detailed information on the subject of data protection can be found in the privacy policy below.

Data Collection on This Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the operator’s contact details in the section “Information on the Responsible Party” in this privacy policy.

How do we collect your data?

Some of your data is collected when you provide it to us. This may, for example, be data that you enter into a contact form.

Other data is collected automatically or after your consent when you visit the website by our IT systems. This mainly includes technical data, such as your internet browser, operating system, or the time at which the page was accessed. This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure the error-free provision of the website. Other data may be used to analyze your user behavior. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders, or other order inquiries.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipients, and purpose of your stored personal data. You also have the right to request correction or deletion of this data. If you have given consent to data processing, you may withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You may contact us at any time regarding this or any other questions relating to data protection.

2. General Information and Mandatory Information

Data Protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data by which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We point out that data transmission over the internet, for example when communicating by email, may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information on the Responsible Party

The responsible party for data processing on this website is:

Nicole Grochowiak

Telefon: +49 1520 2140653

E-Mail: datenschutz@whymars.de

The responsible party is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data, such as names, email addresses, or similar data.

Storage Period

Unless a more specific storage period is stated within this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you make a legitimate request for deletion or withdraw your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data, such as tax or commercial law retention periods. In the latter case, deletion will take place after these reasons no longer apply.

General Information on the Legal Bases for Data Processing on This Website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, if special categories of data pursuant to Art. 9 para. 1 GDPR are processed. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or to access to information on your device, for example via device fingerprinting, data processing is additionally carried out on the basis of Section 25 para. 1 TDDDG. Consent may be withdrawn at any time.

If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfill a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. Information on the legal bases applicable in each individual case is provided in the following sections of this privacy policy.

Recipients of Personal Data

As part of our business activities, we work with various external parties. In some cases, it is also necessary to transfer personal data to these external parties. We only pass on personal data to external parties if this is necessary for the performance of a contract, if we are legally obliged to do so, for example by transferring data to tax authorities, if we have a legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in passing on the data, or if another legal basis permits the transfer of data.

When using processors, we only pass on personal data of our customers on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Withdrawal of Your Consent to Data Processing

Many data processing operations are only possible with your express consent. You may withdraw consent that you have already given at any time. The legality of the data processing carried out before withdrawal remains unaffected by the withdrawal.

Right to Object to Data Collection in Special Cases and to Direct Advertising pursuant to Art. 21 GDPR

IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT AT ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS. THIS IS AN OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR.

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT ADVERTISING, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL THEREAFTER NO LONGER BE USED FOR THE PURPOSE OF DIRECT ADVERTISING. THIS IS AN OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR.

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work, or the place of the alleged violation. The right to lodge a complaint exists without prejudice to other administrative or judicial remedies.

Right to Data Portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Access, Correction, and Deletion

Within the scope of the applicable statutory provisions, you have the right at any time to obtain information free of charge about your stored personal data, its origin and recipients, and the purpose of the data processing. Where applicable, you also have the right to correction or deletion of this data. You may contact us at any time regarding this or any other questions relating to personal data.

Right to Restriction of Processing

You have the right to request the restriction of the processing of your personal data. You may contact us at any time for this purpose. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.

If the processing of your personal data was or is unlawful, you may request the restriction of data processing instead of deletion.

If we no longer need your personal data, but you need it for the exercise, defense, or establishment of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.

If you have lodged an objection pursuant to Art. 21 para. 1 GDPR, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may, apart from being stored, only be processed with your consent or for the establishment, exercise, or defense 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 European Union or of a member state.

SSL or TLS Encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the website operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted Payment Transactions on This Website

If, after the conclusion of a paid contract, there is an obligation to transmit your payment data to us, for example your account number in the case of direct debit authorization, this data is required for payment processing.

Payment transactions using common payment methods, such as Visa, MasterCard, or direct debit, are carried out exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

With encrypted communication, your payment data that you transmit to us cannot be read by third parties.

Objection to Advertising Emails

We hereby object to the use of contact data published as part of the legal notice obligation for sending unsolicited advertising and information materials. The operators of this website expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example by spam emails.

3. Data Collection on This Website

Cookies

Our websites use so-called “cookies”. Cookies are small data packets and do not cause any damage to your device. They are stored either temporarily for the duration of a session, known as session cookies, or permanently, known as permanent cookies, on your device. Session cookies are automatically deleted after the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until your web browser deletes them automatically.

Cookies may originate from us, known as first-party cookies, or from third-party companies, known as third-party cookies. Third-party cookies enable the integration of certain services from third-party companies within websites, for example cookies for processing payment services.

Cookies have various functions. Many cookies are technically necessary because certain website functions would not work without them, such as the shopping cart function or the display of videos. Other cookies may be used to evaluate user behavior or for advertising purposes.

Cookies that are required for carrying out the electronic communication process, for providing certain functions requested by you, such as the shopping cart function, or for optimizing the website, such as cookies for measuring web audiences, are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services.

If consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent, Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG. Consent may be withdrawn at any time.

You can configure your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are disabled, the functionality of this website may be restricted.

If further cookies and services are used on this website, this will be stated in this privacy policy.

Inquiry by Email, Telephone

If you contact us by email, telephone, your inquiry, including all personal data resulting from it, such as your name and inquiry, will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in effectively handling inquiries addressed to us, Art. 6 para. 1 lit. f GDPR, or on your consent, Art. 6 para. 1 lit. a GDPR, if this has been requested. Consent may be withdrawn at any time.

The data you send to us via contact inquiries will remain with us until you request deletion, withdraw your consent to storage, or the purpose for data storage no longer applies, for example after your request has been fully processed. Mandatory statutory provisions, in particular statutory retention periods, remain unaffected.

4. Analytics Tools and Advertising

Google Tag Manager

We use Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. Google Tag Manager itself does not create user profiles, does not store cookies, and does not carry out any independent analyses. It only serves to manage and deploy the tools integrated through it. However, Google Tag Manager records your IP address, which may also be transferred to Google’s parent company in the United States.

The use of Google Tag Manager is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and management of various tools on its website. If corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device, such as device fingerprinting, within the meaning of the TDDDG. Consent may be withdrawn at any time.

The company is certified under the EU-US Data Privacy Framework, DPF. The DPF is an agreement between the European Union and the United States intended to ensure compliance with European data protection standards for data processing in the United States. Every company certified under the DPF undertakes to comply with these data protection standards. Further information is available from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

5. eCommerce and Payment Providers

Processing of Customer and Contract Data

We collect, process, and use personal customer and contract data for the establishment, content-related structuring, and modification of our contractual relationships. We collect, process, and use personal data relating to the use of this website, known as usage data, only insofar as this is necessary to enable the user to use the service or to bill the user. The legal basis for this is Art. 6 para. 1 lit. b GDPR.

The collected customer data will be deleted after completion of the order or termination of the business relationship and expiry of any existing statutory retention periods. Statutory retention periods remain unaffected.

Data Transfer upon Conclusion of Contract for Online Shops, Retailers, and Shipment of Goods

If you order goods from us, we pass on your personal data to the transport company entrusted with delivery and to the payment service provider entrusted with payment processing. Only the data required by the respective service provider to fulfill its task is disclosed. The legal basis for this is Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures.

If you have given corresponding consent pursuant to Art. 6 para. 1 lit. a GDPR, we will pass on your email address to the transport company entrusted with delivery so that it can inform you by email about the shipping status of your order. You may withdraw your consent at any time.

Payment Services

We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment data, such as name, payment amount, bank details, or credit card number, is processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions.

The use of payment service providers is based on Art. 6 para. 1 lit. b GDPR, contract processing, as well as in the interest of ensuring a payment process that is as smooth, convenient, and secure as possible, Art. 6 para. 1 lit. f GDPR. Where your consent is requested for certain actions, Art. 6 para. 1 lit. a GDPR is the legal basis for data processing. Consent may be withdrawn at any time with effect for the future.

We use the following payment services / payment service providers on this website:

PayOne

The provider of this payment service is PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main, Germany, hereinafter referred to as “PayOne”. Details can be found in PayOne’s privacy policy: https://www.payone.com/DE-de/datenschutz.