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Privacy and Data Protection Declaration

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 General information
Information about the responsible legal entity and natural person.

Company: Herbafit B.V.
Legal representative: Jesse Mensah
Address: Euroweg 35, NL-3825 HA Amersfoort, Niederlande
Contact data about the data-protection officer: privacy@herbafit.de

General information about the data-processing
Affected data
Personal data will only be collected or compiled if you have disclosed it to us. No personal data will be collected or compiled apart from that. Your personal data will only be processed beyond the range of the legal permissible circumstances on the basis of your express consent.

Processing purpose: Contractual implementation.

Categories of recipient: 
- Public offices in the case that there are legal regulations which take precedence.
- External service-providers or other contractors.
- Further external offices insofar as the affected person has given their consent, or if it is permissible to transmit the data because of a prevailing interest.

Transfer to third-party countries: Orders can also be placed with third-party processors that reside outside the European Union, within the framework of contractual implementation.

Duration of data storage: The duration of data storage is orientated to the legal safekeeping duties and it is 10 years as a rule. 

Specific information about the web site
Use of a newsletter
You disclose your e-mail address to us and further optional data within the framework of registering for our newsletter. We utilize this information solely in order to send you the newsletter. Your data that is received when registering for the newsletter will remain stored with us until you deregister from our newsletter again. It is possible to deregister at any time via the link that is provided for this purpose in the newsletter, or to send us an appropriate notification. You object to the use of your e-mail address by means of the deregistration.

Apart from that, we will use your e-mail address that we receive in connection with the sale of goods or services solely in the form of our newsletter to directly advertise our own goods or services which are similar to the ones ordered by you– insofar as you have not objected to this utilization. You can object to your e-mail address being utilized at any time. Your objection (and deregistration from our newsletter as a result) can be exercised by sending an appropriate message to our e-mail address.

Information about the further data-processing procedure

Specific information about the application process
Affected data: nformation about the application.

Processing purpose: Implementing the application procedure.

Categories of recipient:
- Public offices in the case that there are legal regulations which take precedence.
- External service-providers or other contractors.
- Further external offices insofar as the affected person has given their consent, or if it is permissible to transmit the data because of a prevailing interest. 

Transfers to third-party countries: Orders can also be placed with third-party processors that reside outside the European Union, within the framework of contractual implementation.

Duration of data storage: The application data will be deleted within four months after notification of the decision as a rule, insofar as there is not any consent to storing the data for a longer period. 

Specific information for processing of data about customers and prospective buyers respectively
Affected data: Concerning contractual implementation of the disclosed data: any further data for processing on the basis of your express consent.

Processing purpose: Contractual implementation.

Categories of recipient:
- Public offices in the case that there are legal regulations which take precedence.
- External service-providers or other contractors.
- Further external offices insofar as the affected person has given their consent, or it is permissible to transmit the data because of a prevailing interest.

Transfers to third-party countries: Orders can also be placed with third-party processors that reside outside the European Union, within the framework of the contractual implementation.

Duration of data storage: The duration of data storage is orientated to the legal safekeeping duties and it is 10 years as a rule.

Further information and contacts
Apart from that, you can - at any time - make your claims to correction or deletion of the data, or to limiting the processing or safeguarding of the data, or you can assert your right of objection to processing of the data, as well as the right of [blocking] permissible transmission of the data. You can find the opportunity here to contact us by e-mail or letter. Furthermore, you have the right to contact the data-protection supervisory authority whenever you have any complaints to make. Please consult Point 14 for further details. 

1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line. 

2) Data Collection When You Visit Our Website

When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use. 

3) Cookies

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit. We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections. Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d
Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
Google: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies

Please note that the functionality of our website may be limited if cookies are not accepted.

4) Contacting

In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary. 

5) Data Processing When Opening a Customer Account and for Contract Processing

Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below. 

6) Use of Your Data for Direct Advertising

If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of the newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link. By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration. 

7) Processing of Data for the Purpose of Order Handling

To process your order, we work together with the following service provider(s), which support us wholly or partially in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information. The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR. 

8) Contact for Requesting Customer Rating Information

Own Evaluation Reminder (No Dispatch by a Customer Evaluation System)
We use your e-mail address as a one-off reminder for submitting an evaluation of your order regarding the evaluation system used by us, provided you have given us your express consent during or after placing your order in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time by sending a message to the controller responsible for data processing. 

9) Integration of the Trusted Shops Trustbadge / other widgets

The Trusted Shops Trustbadge is integrated on this website to display the Trusted Shops services (e.g. Trustbadge and collected reviews) as well as to offer Trusted Shops products to buyers after an order.

This is necessary to safeguard our legitimate prevailing interests in an optimal marketing by ensuring the safety of your purchase according to Article 6 (1) f GDPR. The Trustbadge and the services advertised with it are an offer of the Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne, Germany with whom we are jointly responsible for data protection pursuant to Art. 26 GDPR. In the following, we inform you about the essential contractual contents pursuant to Art. 26 (2) DSGVO within the scope of this data protection notice. 

The Trustbadge is made available by a USA-based CDN provider (Content-Delivery-Network). An adequate level of data protection is ensured by standard data protection clauses and other contractual measures. You can find further information to the data security of Trusted Shops GmbH can be found in their privacy policy: https://www.trustedshops.co.uk/imprint/

When the Trustbadge is called up, the web server automatically saves a server log file which contains, for example, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. The IP address is anonymized immediately after collection so that the stored data cannot be assigned to your person. The anonymized data is used in particular for statistical purposes and for error analysis.
After order completion, your email address, which is hashed by cryptological one-way function, is transmitted to Trusted Shops GmbH. The legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO. This serves to check whether you are already registered for services with Trusted Shops GmbH and is therefore necessary for the fulfillment of our and Trusted Shops' overriding legitimate interests in the provision of the Buyer Protection linked to the specific order in each case and the transactional evaluation services pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO.

If this is the case, further processing will be carried out in accordance with the contractual agreement between you and Trusted Shops. If you have not yet registered for the services, you will be given the opportunity to do so for the first time. Further processing after registration also depends on the contractual agreement with Trusted Shops GmbH. If you do not register, all transmitted data will be automatically deleted by Trusted Shops GmbH and a personal reference is then no longer possible.   

Trusted Shops uses service providers in the areas of hosting, monitoring and logging. The legal basis is Art. 6 (1) lit. f GDPR for the purpose of ensuring trouble-free operation. Processing may take place in third countries (USA and Israel). An adequate level of data protection is ensured in the case of the USA by standard data protection clauses and further contractual measures, and in the case of Israel by an adequacy decision.

Within the framework of the joint responsibility existing between us and Trusted Shops GmbH, if you have any data protection questions and wish to assert your rights, please prefer to contact Trusted Shops GmbH using the contact options provided in the data protection information linked above. Irrespective of this, however, you can always contact the responsible person of your choice. Your inquiry will then, if necessary, be forwarded to the other responsible party for a response.  

10) Use of Videos

Use of Youtube Videos

This website uses Youtube embedding feature to display and play videos of “Youtube” provided by Google Ireland Limited (“Google”), a company registered and operated under Irish law (registration number: 368047) at Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies in order to collect information about user behavior. According to indications from Youtube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control. Google LLC, based in the USA, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.

Further information on YouTube data protection can be found in the provider's data protection statement at: www.google.com/policies/privacy/ 

11) Online-Marketing

Google AdWords Conversion Tracking

This website uses the “Google Ads” online advertising program and, as part of Google Ads, conversion tracking from Google Ireland Limited (“Google”), a company registered and operated under Irish law (Registry Number: 368047), located in Gordon House. Barrow Street, Dublin 4, Ireland (“Google”). We use the program of Google Ads to draw attention to our attractive offers with the help of advertising materials (so-called Google Ads) on external websites. We can determine, in relation to the advertising campaigns data, how successful the individual advertising measures is. We are interested in showing you advertisements that are of interest to you. We want to make our website more interesting for you and to achieve a fair calculation of advertising costs. The conversion tracking cookie is set on a user’s browser, if he clicks on an Ads ad delivered by Google. Cookies are small text files that are stored on your computer system. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to recognize that the user clicked on the ad and was forwarded to this page. Each Google Ads customer gets a different cookie. Thus, cookies cannot be traced via the website of Ads customers. The information collected by the conversion cookies is used to provide aggregate conversion statistics to Ads customers who have opted-in for conversion tracking. Customers are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally. If you do not want to participate in the tracking program, you can refuse the use of this program by deactivating the Google Conversion Tracking cookie via your Internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. We use Google Adwords on the basis of our legitimate interest in targeted advertising in accordance with Art. 6 (1) point f GDPR. Google LLC, based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. For more information about Google's privacy policy, please visit: https://safety.google

You can permanently deactivate cookies for advertising preferences by blocking them via a respective setting of your browser software or by downloading and installing the browser plug-in, available under the following link: https://support.google.com/ads/answer/7395996

Please note that certain functions of this website may not be used or only to a limited extent, if you have deactivated the use of cookies. 

12) Web Analysis Services

12.1 Google (Universal) Analytics

- Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited (“Google”), a company registered and operated under Irish law (register number: 368047), located in Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics uses so-called cookies, which are text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website (including the shortened IP address) is generally transmitted to a Google server in the USA and stored there. This website uses Google Analytics exclusively with the extension "_anonymizeIp()", which ensures an anonymization of the IP address by shortening it and excludes a direct personal relationship. As a result of the extension, your IP address will previously be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA and shortened there. In these exceptional cases, processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, we should point out that in that case you might not be able to use the full functionality of this website. You may permanently refuse Google to collect data generated by cookies regarding the use of the website (including your IP address) and to process them. You can download and install the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plug-in or for browsers on mobile devices, please click on the following link in order to set an opt-out cookie which disables Google Analytics to collect data on this website in the future (this opt-out cookie only functions for this browser and this domain. If you delete your cookies on this browser, you must click again on this link): Disable Google Analytics

Google LLC, based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.

More information on how Google Analytics handles user data can be found in Google's privacy policy at: https://support.google.com/analytics/answer/6004245?hl=en 

12.2 Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

13) Retargeting/Remarketing/ Referral Advertising

Google AdWords Remarketing

Our web site uses the features of Google Ads Remarketing to advertise this web site on Google’s search results, as well as third party web sites. The provider is Google Ireland Limited (“Google”), a company registered and operated under Irish law (register number: 368047), located in Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). To this end, Google places a cookie in the browser of your terminal device, which automatically uses a pseudonymous cookie ID on the basis of pages you visited to allow interest-based advertising. Processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 (1) point f GDPR.

Any additional processing will only take place if you have agreed with Google that your Google Internet and app browsing history will be linked to your Google Account and information from your Google Account will be used for personalized ads you view on the web. If you are logged in to Google while visiting our website, Google will use your data in connection with Google Analytics data to create and define target group lists for cross-device remarketing. To this end, Google temporarily links your personal data with Google Analytics data to create target groups. You can permanently disable the setting of cookies for advertising preferences. You may download and install the browser plug-in available at the following link: https://adssettings.google.com/authenticated?hl=en

Alternatively, you can contact the Digital Advertising Alliance at www.aboutads.info to find out how to set cookies and to make the relevant settings. Finally, you can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. If cookies are not accepted, the functionality of our website may be limited. Google LLC, based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.

Further information and the data protection regulations regarding advertising and Google can be viewed at: https://policies.google.com/technologies/ads

14) Tools and Miscellaneous

14.1 Google Maps

On our website, we use Google Maps (API) by Google Ireland Limited (“Google”), a company registered and operated under Irish law (register number: 368047), located in Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Maps is a web service for displaying interactive (country) maps in order to display geographical information visually. Using this service will show you our location and will make it easier for you to find us. When you access the sub-pages that contain the Google Maps map, information about your use of our website (such as your IP address) is transmitted to and stored by Google on servers in the United States. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place according to Art. 6 (1) point f GDPR on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles. If you want to do so, you must contact Google to exercise this right. Google LLC, based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. If you do not agree to the future transmission of your data to Google in the context of using Google Maps, you may completely deactivate the Google Maps web service by switching off the JavaScript application in your browser. In this case, Google Maps as well as the map display on this website cannot be used. The Google terms of use can be found at: https://policies.google.com/terms?hl=en. The additional terms of use can be found at: https://www.google.com/intl/en-US_US/help/terms_maps. You can find detailed information on data protection in connection with the use of Google Maps on Google's website ("Google Privacy Policy") at: https://policies.google.com/privacy?hl=en. 

15) Rights of the Data Subject

15.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
- Right of access by the data subject pursuant to Art. 15 GDPR
- Right to rectification pursuant to Art. 16 GDPR
- Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
- Right to restriction of processing pursuant to Art. 18 GDPR
- Right to be informed pursuant to Art. 19 GDPR
- Right to data portability pursuant to Art. 20 GDPR
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
- Right to lodge a complaint pursuant to Art. 77 GDPR 

15.2 Right to object

If, within the framework of a consideration of interests, we process your personal data on the basis of our predominant legitimate interest, you have the right at any time to object to this processing with effect for the future on the grounds that arise from your particular situation. If you exercise your right to object, we will stop processing the data concerned. However, we reserve the right to further processing if we can prove compelling reasons worthy of protection for processing which outweigh your interests, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. If we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of your personal data which are used for direct marketing purposes. You may exercise the objection as described above. If you exercise your right to object, we will stop processing the data concerned for direct advertising purposes.