We are very pleased about your interest in our company. The management of Vivaorganic GmbH attaches great importance to data protection. A use of the internet pages of Vivaorganic GmbH is basically possible without any indication of personal data. However, if a person concerned would like to make use of special services of our company via our Internet site, it might be necessary to process personal data. 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, for example the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to Vivaorganic GmbH. By means of this data protection declaration our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled.
Vivaorganic GmbH, as the person responsible for processing, has implemented numerous technical and organisational measures.
Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of Vivaorganic GmbH is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, organisation, filing, 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.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.
j) third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to act upon the data subject’s request.
Consent shall mean any freely given and informed unequivocal expression of the data subject’s wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. the name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is the:
Am Stadtpark 1
Phone: +49 (0) 4471 17664-10
Fax: +49 (0) 4471 17664-99
3. contact details of the data protection officer
Every person concerned can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used 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 person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be fully used.
5. collection of general data and information
The website of Vivaorganic GmbH collects a number of general data and information every time the website is accessed by a person concerned or by an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information Vivaorganic GmbH does not draw any conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to enable law enforcement authorities to take appropriate action in case of a cyber attack.
These anonymously collected data and information are therefore statistically evaluated by Vivaorganic GmbH on the one hand and also 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 processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
6. contact possibility via the internet page
Due to legal regulations, the internet site of Vivaorganic GmbH contains information which enables a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted by a data subject to the controller on a voluntary basis are stored for the purposes of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.
7. google maps
This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data on the use of the map functions by visitors. Information about data processing by Google can be found in the Google data protection information. There you can also change your personal data protection settings in the data protection centre.
Detailed instructions on how to manage your own data in connection with Google products can be found here.
8. routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulations Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
9. rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on personal data relating to him/her and a copy thereof. The European Data Protection Supervisor has also granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right of erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:
- the personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21 (1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21 (2) DPA.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to comply with 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 information society services offered in accordance with Article 8 (1) of the DS-GVO.
If one of the above mentioned reasons applies and a data subject wishes to request the deletion of personal data stored by Vivaorganic GmbH, he/she may contact an employee of the data controller at any time. The employee of Vivaorganic GmbH will ensure that the request for deletion is complied with immediately.
If the personal data have been made public by Vivaorganic GmbH and our company as the responsible person is obliged to delete the personal data according to article 17 paragraph 1 DS-GVO, Vivaorganic GmbH will take reasonable measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data, that the person concerned has requested from these other persons responsible for data processing the deletion of all links to these personal data or of copies or replications of these personal data, as far as the processing is not necessary. The employee of Vivaorganic GmbH will arrange the necessary steps in individual cases.
e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the restriction of processing if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
- The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing pursuant to Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by Vivaorganic GmbH, he/she can contact an employee of the data controller at any time. The employee of Vivaorganic GmbH will arrange for the restriction of the processing.
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter a DPA or Article 9 paragraph 2 letter a DPA or on a contract pursuant to Article 6 paragraph 1 letter b DPA and that the processing is carried out by means of automated procedures, unless the processing 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.
Furthermore, when exercising their right to data transfer pursuant to Art. 20 Para. 1 DPA, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact an employee of Vivaorganic GmbH at any time.
g) Right of objection
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, Vivaorganic GmbH will no longer process the personal data unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If Vivaorganic GmbH processes personal data in order to carry out direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to Vivaorganic GmbH to the processing for the purpose of direct marketing, Vivaorganic GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his/her particular situation, to the processing of personal data concerning him/her which is carried out at Vivaorganic GmbH for scientific or historical research purposes or for statistical purposes according to Art. 89 para. 1 DS-GVO, unless such processing is necessary for the fulfilment of a task in the public interest.
In order to exercise the right of objection, the data subject may directly contact any employee of Vivaorganic GmbH or any other employee. The data subject is also free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the express consent of the data subject, Vivaorganic GmbH shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the data controller, to express his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time consult a member of the controller’s staff.
i) Right to withdraw consent for data protection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
10. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, processing is based on Art. 6 I lit. c DS-GVO. 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 to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DS-GVO).
11. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
12. the duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract.
13. legal or contractual provisions on 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 the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded 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 him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the 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 would be if the personal data were not provided.
14. existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.