DATA PROTECTION
This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter jointly referred to as the "online offering"). With regard to the terms used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible:
Company: LU REN GmbH
Street No.: THUILLESTRASSE 50
Postal code, city: 81247 Munich
Country: Germany
HRB 233041
Managing Director: Ji Hong
Telephone number: +49 8152 9981399
Email address: info@lu-ren.de
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Article 9 (1) GDPR):
No special categories of data are processed.
Categories of data subjects:
– Visitors and users of the online offer.
In the following, we refer to the data subjects collectively as “users”.
Purpose of processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact requests and communicating with users.
Status: 03/2021
1. Terms used
1.1. “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, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2. "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually all data handling.
1.3. The “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.
2. Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well as to answer inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
3. Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g., consent) or other individual notification.
4. Security measures
4.1. In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs, the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons. These measures include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, and transmission, ensuring availability, and segregation. Furthermore, we have established procedures to ensure the exercise of data subject rights, the deletion of data, and response to data threats. Furthermore, we consider the protection of personal data right from the development or selection of hardware, software, and processes, in accordance with the principle of data protection by design and through data protection-friendly default settings (Art. 25 GDPR).
4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. Disclosure and transfer of data
5.1. If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 (1) (b) GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to fulfil our contractual obligations, administrative tasks and obligations efficiently and effectively).
5.2. If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Rights of data subjects
7.1 You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. Pursuant to Article 16 of the GDPR, you have the right to request the completion of your personal data or the rectification of inaccurate data concerning you.
7.3. In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.
7.4 You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
7.5. You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
8. Right of withdrawal
You have the right to revoke consent given in accordance with Art. 7 (3) GDPR with effect for the future.
9. Right of objection
You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
10. Cookies and right to object to direct advertising
10.1. “Cookies” are small files that are stored on users’ computers. Different types of information can be stored within cookies. The primary purpose of a cookie is to save information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” For example, the login status can be saved if users visit the site several days later. Likewise, users’ interests can be saved in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies from providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and provide information about this in our privacy policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional limitations of this online service.
10.3. A general objection to the use of cookies used for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.
11. Deletion of data
11.1. The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
11.2. Germany: According to legal requirements, the retention period is 6 years in accordance with Section 257 (1) of the German Commercial Code (HGB) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and 10 years in accordance with Section 147 (1) of the German Fiscal Code (AO) (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
12. Order processing in the online shop and customer account
12.1. We process our customers' data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as to pay for and deliver them or execute them.
12.2. The data processed includes inventory data, communication data, contract data, payment data, and the data subjects include our customers, prospective customers, and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery, and customer services. We use session cookies to store the shopping cart contents and permanent cookies to store the login status.
12.3. Processing is based on Art. 6 (1) (b) (execution of order transactions) and (c) (legally required archiving) GDPR. The information marked as required is necessary to establish and fulfill the contract. We will only disclose this data to third parties in the context of delivery, payment, or within the scope of legal permissions and obligations to legal advisors and authorities. Data will only be processed in third countries if this is necessary to fulfill the contract (e.g., at the customer's request during delivery or payment).
12.4. Users can optionally create a user account, which allows them, in particular, to view their orders. During registration, the required mandatory information is communicated to users. User accounts are private and cannot be indexed by search engines. If users cancel their user account, their data relating to the user account will be deleted, unless retention is necessary for commercial or tax law reasons in accordance with Art. 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the user's responsibility to back up their data before the end of the contract if the contract is terminated.
12.5. During registration and subsequent registrations, as well as when using our online services, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the user's interest in protecting against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.
12.6. Deletion occurs after expiration of statutory warranty and similar obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiration (end of commercial (6 years) and tax (10 years) retention periods); information in the customer account remains until its deletion.
13. Credit report
13.1. If we make advance payments (e.g., when purchasing on account), we reserve the right, in order to safeguard our legitimate interests, to obtain an identity and credit report from specialized service providers (credit agencies) for the purpose of assessing the credit risk on the basis of mathematical and statistical procedures.
13.2. As part of the credit check, we transmit the following personal data of the customer (name, postal address, date of birth, details of the type of contract, bank details [please provide further information if necessary]) to the following credit agencies:
[Please specify the credit agencies here, e.g.:] SCHUFA-Gesellschaft (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), data protection information: https://www.schufa.de/de/ueber-uns/daten-scoring/.
13.3. We process the information received from credit agencies regarding the statistical probability of a payment default as part of a reasonable discretionary decision regarding the establishment, implementation, and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative credit check result.
13.4. The decision as to whether we will make advance payments is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in the individual case, which our software makes on the basis of the information provided by the credit agency.
13.5 If we obtain your express consent, the legal basis for the credit check and the transmission of the customer's data to the credit agencies is your consent pursuant to Art. 6 (1) (a) and (7) GDPR. If no consent is obtained, our legitimate interests in the reliability of your payment claim are the legal basis pursuant to Art. 6 (1) (f) GDPR.
14. Contact and customer service
14.1. When you contact us (via contact form or email), the user's information will be processed to process the contact request and its handling in accordance with Art. 6 (1) (b) GDPR.
14.2 User information may be stored in our customer relationship management system (“CRM system”) or similar request organization.
14.3. We delete inquiries if they are no longer required. We review their necessity every two years. We permanently store inquiries from customers who have a customer account and refer to the customer account information for deletion. Furthermore, statutory archiving requirements apply.
15. Collection of access data and log files
15.1. Based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR, we collect data about every access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, the file, the date and time of access, the amount of data transferred, the notification of successful access, the browser type and version, the user's operating system, the referrer URL (the previously visited page), the IP address, and the requesting provider.
15.2. Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of seven days and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.
16. Online presence in social media
16.1. Based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR, we maintain online presences within social networks and platforms in order to communicate with customers, interested parties, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
16.2 Unless otherwise stated in our privacy policy, we process users’ data if they communicate with us within the social networks and platforms, e.g. by posting on our online presence or sending us messages.
17. Communication via mail, email, fax or telephone
17.1 We use means of remote communication, such as mail, telephone, or email, for business transactions and marketing purposes. In doing so, we process inventory data, address and contact details, as well as contract data of customers, participants, interested parties, and communication partners.
17.2 Processing is based on Art. 6 (1) (a), Art. 7 GDPR, Art. 6 (1) (f) GDPR in conjunction with statutory requirements for advertising communications. Contact will only be made with the consent of the contact partner or within the scope of legal permissions, and the processed data will be deleted as soon as they are no longer required, or otherwise upon objection/revocation or the expiration of the authorization basis or statutory archiving obligations.
18. Integration of third-party services and content
18.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use content or service offerings from third parties in order to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as “content”). This always requires that the third-party providers of this content perceive the IP address of the user, since without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online service, as well as be linked to such information from other sources.
18.2. The following presentation provides an overview of third-party providers and their content, along with links to their privacy policies, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out).
– If our customers use third-party payment services (e.g. Stripe, PayPal or Sofortüberweisung), the terms and conditions and privacy policy of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.
– Functions of the Instagram service are integrated into our online offering. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how Instagram uses it. Privacy policy: http://instagram.com/about/legal/privacy/.