- General Information on Data Protection & Data Subject Rights
- §1 General Information
- §2 General overview of data and processing operations
- §3 Your rights
- §4 General legal basis
- §5 Provisions for users of the website
- §6 Third-party services
- §7 Provisions for the webshop
- §8 Provisions for the contact form and e-mail contact
- §9 Provisions for our Facebook Fanpage
- a) Processing by Facebook
- b) Joint responsibility, Art. 26 DSGVO
- c) Processing by us
- Status of the data protection statement
General Information on Data Protection & Data Subject Rights
§1 General Information
Data protection is an important topic. In the following, we provide information on the collection and processing of personal data. Personal data is all data that can be related to you personally.
Person responsible according to Art. 4 Para. 7 DSGVO
Mayaciel Spirits GmbH
15566 Schöneiche bei Berlin
§2 General overview of data and processing operations
We want to offer you the required clarity according to Art. 12 DSGVO. Therefore, the following overview of the processing operations:
Types of data processed:
- Usage data Communication data (When accessing a website, IP address, device information, access time and access time, etc.)
- Contact data when registering or entering data
- Inventory data (name, company, address)
- Communication data (if applicable, meta data on calls, e-mails)
- Content data (especially when sending e-mails)
Furthermore (internally) the following additional data for our customers, interested parties, suppliers and business partners for the provision of services in the area of offers and contracts, service and marketing, direct advertising and customer care:
- Contract data
- Customer inventory data (CRM)
- Supplier data
- Payment data
- Order data and invoice data
Data subjects (categories)
- Users of this website (also called visitors)
- Operating the website and providing the information
- Ensuring the operation of the website and our systems (e.g. firewall)
- Communicating with our customers
- Responding to enquiries
- To optimise and analyse the website
§3 Your rights
You have the following rights in relation to us in respect of personal data relating to you:
- Right of access,
- Right to rectification or erasure,
- Right to restriction of processing,
- Right to object to processing,
- Right to data portability,
- Right to complain to the data protection supervisory authority about our processing of your personal data.
to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
in accordance with Art. 16 DSGVO, to demand the immediate correction of inaccurate or incomplete personal data stored by us;
in accordance with Article 17 of the Regulation, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims;
in accordance with Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
revoke your consent at any time in accordance with Art. 7 (3) DSGVO. This has the consequence that we may no longer continue the data processing based on this consent in the future; and
complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.
The right to erasure does not exist insofar as the processing is necessary
- for the exercise of the right to freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
- for the assertion, exercise or defence of legal claims.
§4 General legal basis
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) a DSGVO serves as the legal basis.
§5 Provisions for users of the website
General data when calling up the site
In the case of merely informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server in order to display our website to you and to ensure stability and security. The processing is based on Art. 6 para. 1 lit. f DSGVO (legitimate interest).
The storage in log files takes place in order to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. The processing is based on Art. 6 para. 1 lit. f DSGVO (legitimate interest).
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.
In addition to the data mentioned above, cookies may be stored on your computer when you use our website. Cookies are small text files through which certain information can flow to us.
We use technically necessary cookies for the purpose of security and the technical implementation of the website. The processing is based on Art. 6 para. 1 lit. f DSGVO (legitimate interest).
These cookies are usually deleted after logging out or when closing the browser.
These cookies are deleted after a specified period of time.
You can delete the cookies stored on your computer at any time in the browser settings.
Furthermore, you can configure your browser so that it either deletes cookies when you close the browser or generally rejects cookies.
We would like to point out that you may not be able to use some functions of our website properly without cookies.
§6 Third-party services
We use third-party services to make the website as a whole more user-friendly, effective and secure.
This also includes the use of analysis tools. We use analysis tools for the purpose of analysing user behaviour in order to optimise our website.
We use various services of the provider Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland on our website. A company incorporated and operated under the laws of Ireland (registration number: 368047).
Google services are only used with your informed consent on the basis of Art. 6. para. 1 lit. a DSGVO.
We use the following services and functions from Google:
We use Google Analytics to analyse and regularly improve the use of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user.
We use Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in a shortened form, thus excluding any reference to a person. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.
This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “Personal data”.
Google Tag Manager
We use the Google Tag Manager. This service is used to efficiently manage so-called “tags” (small code elements on the website). This service enables us to use other Google services more easily, among other things.
On this website we use the Google Maps service. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website.We have no influence on this data transmission.
Options for objection:
You have several options to object to the collection and processing of your data by Google, or to restrict.
- You can prevent the storage of cookies by setting your browser software accordingly (this may mean that not all functions of the website can be used).
- You can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de (Only applies to data collected and processed within the scope of Google Analytics).
- You can revoke your consent to the processing of data by Google services at any time. You can do this by deleting the cookies in your browser and not giving your consent the next time you visit our website.
- If you have a Google account, you can make settings regarding the type, scope and storage of data by Google in the account management under the menu item “Data & Personalisation”.
Conversion pixel from Facebook
We use the “conversion pixel” or visitor action pixel of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The integration as well as the transfer of data to Facebook only takes place after your explicit and informed consent according to Art. 6 para. 1 lit. a DSGVO. It is possible that data will be transferred to the USA. In the case of a transfer to the USA, no adequate level of data protection can be guaranteed. In particular, access by authorities in the USA cannot be ruled out. The transfer takes place on the basis of Art. 49 para. 1 lit. a DSGVO (consent).
By calling up this pixel from your browser, Facebook can subsequently recognise whether a Facebook advertisement has been successful, e.g. has led to an online purchase. We only receive statistical data from Facebook for this purpose without any reference to a specific person. This allows us to record the effectiveness of the Facebook ads for statistical and market research purposes. In particular, if you are registered with Facebook, we refer you to their data protection information at https://www.facebook.com/about/privacy/.
We use WordPress.com-Stats, a tool for the statistical analysis of visitor access, operated by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110-4929, USA, using the tracking technology of Quantcast Inc., 201 3rd St, Floor 2, San Francisco, CA 94103-3153, USA. The processing is based on Art. 6 para. 1 lit. a DSGVO (consent). It is possible that data will be transferred to the USA. In the case of a transfer to the USA, no sufficient level of data protection can be guaranteed. In particular, access by authorities in the USA cannot be ruled out. The transfer takes place on the basis of Art. 49 para. 1 lit. a DSGVO (consent).
We are also represented on social media. If you click on the icons of the corresponding portals, the usage and data protection provisions of the respective portals apply.
At no time are you obliged to register with one of these portals for information purposes or to contact us (the provider). Rather, various options for contacting us are available to you (e-mail, contact form).
§7 Provisions for the webshop
We offer a webshop on our website.
In addition to the processing mentioned in §5, we process further data for the purpose of carrying out orders. The processing operations are based on Art. 6 (1) lit. b DSGVO (performance of a contract or pre-contractual measures) and may include in particular the following personal data:
- E-mail address
- Billing and delivery address
- Telephone number (voluntary)
- Billing and payment data
Your data will be deleted unless it is further required for the fulfilment of legally prescribed retention obligations or for the defence of legal claims. This is usually the case after 10 years.
Disclosure of data (including recipients)
Your data will be made available in the necessary places within the responsible office.
If it is necessary to process your order, we will pass on your name, address and order data to the company responsible for the execution/delivery.
In the course of a request for information from a credit agency, the notification of a payment default, in the course of tax advice or the defence of rights, the data may be passed on to third parties for appropriate purposes.
The PayPal payment method is handled by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. If you select payment via PayPal, the payment data you enter will be transmitted to PayPal. The transmission of your data to PayPal is based on Art. 6 para. 1 lit. b DSGVO (contract performance or pre-contractual measures) and Art 6 para. 1 lit. f DSGVO (legitimate interest).
Klarna, instant bank transfer
The Klarna payment method is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. If you select payment via Klarna, the payment data you enter will be transmitted to Klarna.
The transmission of your data to Klarna is based on Art. 6 para. 1 lit. b DSGVO (contract performance or pre-contractual measures) and Art 6 para. 1 lit. f DSGVO (legitimate interest).
§8 Provisions for the contact form and e-mail contact
Our website contains a contact form which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:
- Name (voluntary)
- E-mail address
- Subject line
The following data is also stored at the time the message is sent:
- The IP address of the user
- Date and time of registration
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
We process the respective personal data for the purpose of processing the conversation (contact, response) on the basis of legitimate interest pursuant to Art. 6. para. 1 lit. f DSGVO or on the basis of Art. 6 para. 1 lit. b DSGVO (contract performance or pre-contractual measures).
The data will be deleted if they are no longer needed to fulfil the purpose of processing.
§9 Provisions for our Facebook Fanpage
We operate a so-called fan page on the social media platform Facebook in joint responsibility with Facebook. The following information applies to the processing operations on our fan page (https://www.facebook.com/mayacieltequila).
Person responsible according to Art. 4 Para. 7 DSGVO
Responsible for the collection and processing of personal data is partly us, the
Mayaciel Spirits GmbH
15566 Schöneiche bei Berlin
and partly the platform operator Facebook Ireland Ltd. (“Facebook”).
a) Processing by Facebook
Facebook collects and processes your personal data partly as an independent controller. We have no influence on these processing operations.
For more information and contact details, please see Facebook’s data policy: https://www.facebook.com/privacy/explanation.
b) Joint responsibility, Art. 26 DSGVO
We have concluded a joint responsibility agreement with Facebook Ireland Ltd. pursuant to Art. 26 DSGVO.
Facebook creates so-called “page insights” for fan page operators. Page insights are information about how users use or interact with our fan page. There is joint responsibility for this processing.
The processing is carried out for the purpose of optimising the fanpage on the basis of Art. 6 para. 1 lit. f DSGVO (legitimate interest).
Information on the recipients or categories of recipients, the storage period or the criteria for determining the storage period, as well as the possibility of exercising your rights can be found in Facebook’s data policy (https://www.facebook.com/privacy/explanation).
c) Processing by us
Purposes of processing:
We process your personal data for the following purposes:
- Operating the Fanpage
- To provide information (e.g. about products, services, etc.)
- Communicating with our customers
- Answering enquiries
- Optimisation and analysis of the Fanpage
Processing for the above-mentioned purposes is based on Art. 6 para. 1 lit. f DSGVO (Legitimate Interest) or Art. 6. para. 1 lit. b DSGVO (performance of a contract or pre-contractual measures).
Recipients / categories of recipients:
Your data will be processed and made available at the necessary points within the responsible body.
Furthermore, depending on how you interact with our fan page, some data may be published on Facebook (e.g. in the case of comments, “Like” statements, images, videos, etc.). This data may be visible to other users of our Fanpage.
Data that has been published by you on Facebook (e.g. comments, “Like” statements, pictures, videos, etc.) will remain indefinitely unless you or we delete this data. We reserve the right to delete public content if this should be necessary (e.g. in the case of illegal content).
All other data will be deleted if it is no longer needed to fulfil the processing purposes for which it was collected.
We have no influence on the deletion of data by Facebook. For further information, please refer to Facebook’s data policy (https://www.facebook.com/privacy/explanation).
Status of the data protection declaration
The data protection declaration is amended from time to time in order to comply with changes in the business process and the legal side. You will always find the latest version on the website.
Status: August 2021