Privacy Policy

Privacy Policy

We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of Kakteengärtnerei Plapp. The use of the Internet pages of Kakteengärtnerei Plapp is generally possible without any indication of personal data. If a data subject wants to use special services of our company via our website, however, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Kakteengärtnerei Plapp. Through this privacy statement, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights through this privacy statement.

Kakteengärtnerei Plapp, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

The privacy policy of the nursery Plapp is based on the terms used by the European directives and regulations when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this privacy policy, among others:

• a) personal data

  Personal data is all information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered identifiable if it can be identified, directly or indirectly, in particular by an assignment to an identifier such as a name, an identification number, location data, an online identifier, or to one or more special characteristics that are an expression of the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

• b) data subject

  An affected person is any identified or identifiable natural person whose personal data is processed by the controller.

• c) Processing

  Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d) Restriction of processing

  Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

• e) Profiling

  Profiling is any kind of automated processing of personal data, using personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects regarding work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location of this natural person.

• f) Pseudonymization

  Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.

• g) Controller or controller responsible for processing

  Responsible or the person responsible for processing is the natural or legal person, authority, institution, or other body that alone or jointly with others determines the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the responsible person or the specific criteria for their designation may be provided for under Union law or the law of the Member States.

• h) Processor

  Processor is a natural or legal person, authority, institution, or other body that processes personal data on behalf of the responsible person.

• i) Recipient

  Recipient is a natural or legal person, authority, institution, or other body to whom personal data are disclosed, whether or not it is a third party. Authorities that may receive personal data in the framework of a specific investigative task under Union law or the law of the Member States are not considered recipients.

• j) Third Party

  A third party is a natural or legal person, authority, institution or other entity other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data.

• k) Consent

  Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other provisions with a data protection character is:

Plapp Cactus Nursery

Drosselweg 7-9

84178 Kröning

Germany

Tel.: 08744 8366

Email: ferobergia@aol.com

Website: www.kakteen-plapp.de

3. Cookies

The websites of the Plapp cactus nursery use cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the affected person's individual browser from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified via the unique cookie ID.

By using cookies, the Plapp cactus nursery can provide more user-friendly services to the users of this website, which would not be possible without the setting of cookies.

By means of a cookie, the information and offers on our website can be optimized in the sense of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their login data every time they visit the website, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the used internet browser and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the used internet browser, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of the cactus nursery Plapp collects a series of general data and information with each call of the website by an affected person or an automated system. These general data and information are stored in the server's log files. The (1) used browser types and versions, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the subpages that are controlled via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to prevent danger in case of attacks on our information technology systems can be collected.

When using this general data and information, the Kakteengärtnerei Plapp does not draw any conclusions about the affected person. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated statistically by the Kakteengärtnerei Plapp and furthermore with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

5. Registration on our website

The data subject has the option to register on the website of the controller by providing personal data. The personal data transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored solely for internal use by the controller and for their own purposes. The controller may arrange for the transfer to one or more processors, for example, a parcel service provider, who also uses the personal data exclusively for internal use attributable to the controller. You also have the option to order as a guest without registration.

By registering on the website of the controller, the IP address assigned by the Internet Service Provider (ISP) of the data subject, the date, and time of registration are also stored. The storage of this data is necessary to prevent misuse of our services and to enable, if necessary, the investigation of criminal activities. In this respect, the storage of this data is required to secure the controller. This data is not passed on to third parties unless there is a legal obligation to do so or it serves criminal prosecution purposes.

The registration of the data subject by voluntarily providing personal data serves the controller to offer the data subject content or services that can only be offered to registered users due to the nature of the matter. Registered persons are free to change or delete the personal data provided during registration at any time from the controller's database.

The controller shall provide any data subject with information about what personal data concerning them is stored at any time upon request. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, unless this is precluded by statutory retention obligations. All employees of the controller are available to the data subject as contact persons in this context.

6. Contact option via the website

The website of the cactus nursery Plapp contains information due to legal regulations that allow for quick electronic contact with our company as well as immediate communication with us, which also includes a general address of what is known as electronic mail (email address). If a data subject contacts the controller via email or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily transmitted by a data subject to the controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

7. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if this is stipulated by the European directives and regulations or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or a storage period prescribed by the European directive and regulation provider or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

8. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right granted by the European directive and regulation provider to obtain confirmation from the controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact an employee of the controller.

• b) Right to information

  Every data subject affected by the processing of personal data has the right granted by the European directive and regulation provider to obtain, at any time, free information from the controller about the personal data stored about them and a copy of this information. Furthermore, the European directive and regulation provider has granted the data subject access to the following information:

  • the purposes of processing
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly in the case of recipients in third countries or international organizations
  • where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration
  • the existence of the right to request rectification or erasure of personal data, or restriction of processing concerning the data subject, or to object to such processing
  • the existence of a right of complaint to a supervisory authority
  • if the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and — at least in those cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

  Furthermore, the data subject has the right to obtain information about whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed about the appropriate safeguards relating to the transfer.

  If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.

• c) Right to Rectification

  Any person affected by the processing of personal data has the right granted by the European legislator to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.

  If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

• d) Right to Erasure (Right to be Forgotten)

  Any data subject affected by the processing of personal data has the right granted by the European directive and regulation maker to request from the controller the immediate deletion of personal data concerning them, provided that one of the following reasons applies and the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Art. 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
  • The personal data have been unlawfully processed.
  • The deletion of personal data is required to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
  • The personal data was collected in relation to offered services of the information society according to Art. 8 Para. 1 GDPR.

  If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by the Kakteengärtnerei Albert Plapp, they can contact an employee of the controller at any time. The employee of Kakteengärtnerei Plapp will ensure that the deletion request is complied with immediately.

  If the personal data has been made public by Kakteengärtnerei Plapp and our company is obligated to delete the personal data as the data controller in accordance with Art. 17 para. 1 GDPR, Kakteengärtnerei Plapp will take reasonable measures, including technical ones, considering the available technology and implementation costs, to inform other data controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, where processing is not required. The employee of Kakteengärtnerei Plapp will ensure the necessary action is taken in each case.

• e) Right to restriction of processing

  Any person affected by the processing of personal data has the right granted by the European Directive and the Regulation to request the data controller to restrict processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for processing purposes, but the data subject requires them for the assertion, exercise, or defense of legal claims.
  • The data subject has objected to processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Kakteengärtnerei Plapp, they can contact an employee of the controller at any time. The employee of Kakteengärtnerei Plapp will arrange for the restriction of processing.

• f) Right to data portability

  Every data subject affected by the processing of personal data has the right, granted by the European directive and regulation provider, to obtain the personal data concerning them, which was provided to a controller by the data subject, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Art. 6(1)(b) of the GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been assigned to the controller.

  Furthermore, when exercising their right to data portability pursuant to Art. 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible and does not adversely affect the rights and freedoms of others.

  To exercise the right to data portability, the data subject can contact an employee of the Kakteengärtnerei Plapp at any time.

• g) Right to object

  Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

  The Kakteengärtnerei Plapp will no longer process personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims.

  If the Plapp cactus nursery processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such advertising purposes. This also applies to profiling, insofar as it is associated with such direct marketing. If the data subject objects to the processing for direct marketing purposes, the Plapp cactus nursery will no longer process the personal data for such purposes.

  The data subject also has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them, which is carried out by the Plapp cactus nursery for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

  To exercise the right to object, the data subject can directly contact any employee of the Plapp cactus nursery or another employee. Furthermore, the data subject is free to exercise their right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

• h) Automated individual decision-making, including profiling

  Every data subject affected by the processing of personal data has the right granted by the European directive and regulatory authority not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into or the performance of a contract between the data subject and the data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which law contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) occurs with the explicit consent of the data subject.

  If the decision (1) is necessary for the conclusion or fulfillment of a contract between the data subject and the controller, or (2) is made with the explicit consent of the data subject, the Plapp Cactus Nursery takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain human intervention on the part of the controller, to express his or her own point of view and to contest the decision.

  If the data subject wishes to claim rights concerning automated decisions, they can contact an employee of the controller at any time.

• i) Right to withdraw data protection consent

  Every person affected by the processing of personal data has the right granted by the European directive and regulation provider to withdraw consent to the processing of personal data at any time.

  If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.

9. Legal basis for processing

Article 6 I lit. a GDPR serves as the legal basis for our company for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the affected person do not prevail. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In this respect, they took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

10. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.

11. Duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period expires, the corresponding data is routinely deleted if it is no longer required for contract fulfillment or contract initiation.

12. Statutory or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contracting party). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee informs the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

13.Social-Plugins

This website does not use any social plugins and is not directly or indirectly linked to other websites or services. This website is regularly scanned by search engines, such as Google, for content. We do not use tracking tools on this website.

14.Use of payment methods

We have not integrated a payment system in our shop. After ordering, you will receive a separate payment request.

15. Existence of automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.

This privacy policy was created by the Privacy Policy Generator of the German Association for Data Protection, in cooperation with the media law lawyers WILDE BEUGER SOLMECKE | Rechtsanwälte.