Privacy policy

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.


Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 
Contact

Responsible person
Contact us at any time. The person responsible for data processing is: 
Drei GmbH, Gottlob-Bauknecht-Straße 21, 75365 Calw Deutschland, 07051 9340875, info@brachial.eu


Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 
Collection and processing when using the contact form 
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
 


Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 

Advertising      

Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
 
Your data will be forwarded to a service provider for email marketing in the course of order processing. It will not be forwarded to other third parties.

Use of Sendinblue
We use the service of Sendinblue GmbH (Köpenicker Straße 126, 10179 Berlin, Germany; "Sendinblue") for newsletter distribution as part of order processing. We pass the information you provide during the newsletter registration process (e-mail address, first and last name, if applicable) on to Sendinblue. The data processing serves the purpose of sending the newsletter and its statistical evaluation. In order to evaluate newsletter campaigns, the distributed e-mail newsletters contain a 1x1 pixel graphic (tracking pixel) and/or a tracking link. This allows us to determine whether you have opened the newsletter and whether you have clicked on any integrated links. In this context, your personal data such as e.g. IP address, browser type and device and time of opening can be collected. User profiles under a pseudonym can be created from this data. The data collected will not be used to identify you personally. The data collected is only used for statistical evaluation to improve newsletter campaigns. Your personal data is transferred in accordance with Art. 6 para. 1 lit. f GDPR arising from our overriding legitimate interest of a targeted advertising-effective and user-friendly newsletter system. For reasons that arise from your particular situation, you have the right to object to this processing of your personal data at any time. You can find more information and the SendinBlue privacy policy at: https://de.sendinblue.com/legal/privacypolicy/.

 

Shipping companies      

Forwarding of your email address to shipping companies for information on shipping status
We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.
 

Payment service providers      

Use of PayPal Express
Our website uses the payment service PayPal Express from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal").
The processing of data enables us to offer you the option of paying via the PayPal Express payment service.
To integrate this payment service it is essential that PayPal collects, stores, and analyses data when you access the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised. 
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 15 para. 3 p. 1 TMG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
By selecting and using "PayPal Express", the data required for payment processing will be submitted to PayPal to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Paypal Express payment service can be found here in the associated data privacy policy.
 
The use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.

Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.

Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO.  For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:

- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany).
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)

Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.

For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.


Use of Amazon Payments
We use Amazon Payments payment service on our website, from Amazon Payments Europe s.c.a. (38 avenue John F. Kennedy, L-1855 Luxembourg; "Amazon Payments").
The processing of data enables you to pay using the Amazon Payments payment service.
To integrate this payment service it is essential that Amazon Payments collects, stores and analyses data when accessing the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 15 para. 3 p. 1 TMG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
By selecting and using "Amazon Payments", the data required for payment processing will be submitted to Amazon Payments to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Amazon Payments payment service can be found in the associated data privacy policy at: https://pay.amazon.com/de/help/201212490


Use of the payment service provider Mollie
 
We use the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands; "Mollie") for payment processing on our website. The purpose of the data processing is to be able to offer you different payment methods through the payment processing via the payment service provider Mollie. If you have chosen one of the payment options of the payment service provider Mollie, the data required for payment processing will be transmitted to Mollie. This includes your payment data (for example, bank account number or credit card number), your IP address, your Internet browser and device type, and in some cases your first and last name, address data and information about the product or service you purchased from us. This data processing is based on Art. 6 para. 1 lit. b DSGVO. For more information on data processing when using the payment service provider Mollie, please refer to the associated privacy policy https://www.mollie.com/de/privacy.
 

Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.


Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.

Use of the EU Cookie Plug-in
We use on our website the EU Cookie plug-in from WebStollen GmbH (Prinz-Ludwig-Str. 15, D-93055 Regensburg, Germany; "WebStollen").
The plug-in enables you to give your consent to data processing via the website, in particular to set cookies, as well as to make use of your right of revocation for consents already provided. The data processing serves the purpose of obtaining and documenting necessary consents to data processing and thus to comply with legal obligations. Cookies are used for this purpose. Among other things the following information can be collected and stored: encrypted IP address, consent status, date and time of the consent, expiry date of the consent. This data will not be passed on to third parties.
The data processing is carried out on the basis of Article 6 para. 1 lit. c GDPR to comply with a legal obligation.
For more information on data protection at WebStollen, please visit: https://www.webstollen.de/Datenschutzerklaerung.



Advertising tracking      

Use of Google Analytics 4
We use the Google Analytics web analytics service provided by Google Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website.
The data processing serves the purpose of analyzing this website and its visitors as well as for marketing and advertising purposes. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. 
In this context, the following information may be collected, among others: IP address, date and time of page view, click path, information about the browser you are using and the device you are using (device), pages visited, referrer URL (website from which you accessed our website), location data, purchase activity. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
Google uses technologies such as cookies, web storage in the browser and tracking pixels that enable an analysis of your use of the website. 
The information generated by this about your use of this website is usually transferred to a Google server in the USA and stored there. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
Both Google and US government agencies have access to your data. Your data may be linked by Google to other data, such as your search history, your personal accounts, your usage data from other devices, and any other data Google may have about you.
When using Google Analytics 4, the IP address transmitted by your website is automatically collected and processed in anonymized form. The IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. 
The use of cookies or similar technologies takes place with your consent on the basis of § 25 para. 1 p. 1 TTDSG in conjunction with. Art. 6 para. 1 lit. a DSGVO. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
For more information on terms of use and data protection, please visit https://policies.google.com/technologies/partner-sites and https://policies.google.com/privacy?hl=de&gl=de.
 
We also use the Google Signals service in this context. Google Signals enables cross-device tracking. Hence, your data can be analysed across devices if you have enabeled "personalised advertising" in your account settings and your end devices are linked to your Google account. This makes it possible to identify which device is searching for products and then return to complete purchases on another device, such as a tablet.The cross-device reports created in this context contain only aggregated data. We therefore only receive statistics generated on the basis of Google Signals. To prevent Google Signals from collecting and storing data across devices, you can deactivate the "personalised advertising" function in your Google Account settings. For more information, please visit https://support.google.com/ads/answer/2662922?hl=de. For more information on data processing and data protection for Google Signals, please visit https://support.google.com/analytics/answer/7532985?hl=en.

Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads customers.
The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users.
Your data may be transmitted to Google LLC servers in the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You will find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/


Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
This application serves to analyse visitor behaviour and visitor interests.
Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account.
Your data may be transmitted to Google LLC servers in the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more detailed information on Google remarketing as well as the associated data privacy policy at: https://www.google.com/privacy/ads/



Plug-ins

Use of the Google Tag Manager
Our website uses the Google Tag Manager from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use-policy.html

 
Use of YouTube
Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. 
For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). YouTube has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
Further information on the data collected and used by YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).



Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg
Königstrasse 10 a
70173 Stuttgart
Tel.: +49 711 6155410
Fax: +49 711 61554115
E-Mail: poststelle@lfdi.bwl.de

Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
 
last update: 13.07.2023