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Protección de datos

Privacy Policy

We are very delighted that you have shown interest in ourenterprise. Data protection is of a particularly high priority for themanagement of the Kakteengärtnerei Albert Plapp. The use of theInternet pages of the Kakteengärtnerei Albert Plapp is possible withoutany indication of personal data; however, if a data subject wants touse special enterprise services via our website, processing of personaldata could become necessary. If the processing of personal data isnecessary and there is no statutory basis for such processing, wegenerally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mailaddress, or telephone number of a data subject shall always be in linewith the General Data Protection Regulation (GDPR), and in accordancewith the country-specific data protection regulations applicable to theKakteengärtnerei Albert Plapp. By means of this data protectiondeclaration, our enterprise would like to inform the general public ofthe nature, scope, and purpose of the personal data we collect, use andprocess. Furthermore, data subjects are informed, by means of this dataprotection declaration, of the rights to which they are entitled.

As the controller, the Kakteengärtnerei Albert Plapp has implementednumerous technical and organizational measures to ensure the mostcomplete protection of personal data processed through this website.However, Internet-based data transmissions may in principle havesecurity gaps, so absolute protection may not be guaranteed. For thisreason, every data subject is free to transfer personal data to us viaalternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the Kakteengärtnerei Albert Plappis based on the terms used by the European legislator for the adoptionof the General Data Protection Regulation (GDPR). Our data protectiondeclaration should be legible and understandable for the generalpublic, as well as our customers and business partners. To ensure this,we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a) Personal data

    Personal data means any information relating to an identified oridentifiable natural person (“data subject”). An identifiable naturalperson is one who can be identified, directly or indirectly, inparticular by reference to an identifier such as a name, anidentification number, location data, an online identifier or to one ormore factors specific to the physical, physiological, genetic, mental,economic, cultural or social identity of that natural person.

  • b) Data subject

    Data subject is any identified or identifiable natural person, whosepersonal data is processed by the controller responsible for theprocessing.

  • c) Processing

    Processing is any operation or set of operations which is performedon personal data or on sets of personal data, whether or not byautomated means, such as collection, recording, organisation,structuring, storage, adaptation or alteration, retrieval,consultation, use, disclosure by transmission, dissemination orotherwise making available, alignment or combination, restriction,erasure or destruction.

  • d) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling

    Profiling means any form of automated processing of personal dataconsisting of the use of personal data to evaluate certain personalaspects relating to a natural person, in particular to analyse orpredict aspects concerning that natural person's performance at work,economic situation, health, personal preferences, interests,reliability, behaviour, location or movements.

  • f) Pseudonymisation

    Pseudonymisation is the processing of personal data in such a mannerthat the personal data can no longer be attributed to a specific datasubject without the use of additional information, provided that suchadditional information is kept separately and is subject to technicaland organisational measures to ensure that the personal data are notattributed to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

    Controller or controller responsible for the processing is thenatural or legal person, public authority, agency or other body which,alone or jointly with others, determines the purposes and means of theprocessing of personal data; where the purposes and means of suchprocessing are determined by Union or Member State law, the controlleror the specific criteria for its nomination may be provided for byUnion or Member State law.

  • h) Processor

    Processor is a natural or legal person, public authority, agency orother body which processes personal data on behalf of the controller.

  • i) Recipient

    Recipient is a natural or legal person, public authority, agency oranother body, to which the personal data are disclosed, whether a thirdparty or not. However, public authorities which may receive personaldata in the framework of a particular inquiry in accordance with Unionor Member State law shall not be regarded as recipients; the processingof those data by those public authorities shall be in compliance withthe applicable data protection rules according to the purposes of theprocessing.

  • j) Third party

    Third party is a natural or legal person, public authority, agencyor body other than the data subject, controller, processor and personswho, under the direct authority of the controller or processor, areauthorised to process personal data.

  • k) Consent

    Consent of the data subject is any freely given, specific, informedand unambiguous indication of the data subject's wishes by which he orshe, by a statement or by a clear affirmative action, signifiesagreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data ProtectionRegulation (GDPR), other data protection laws applicable in Memberstates of the European Union and other provisions related to dataprotection is:

Kakteengärtnerei Albert Plapp

Drosselweg 7-9

84178 Kröning


Phone: 08744 8366

Email: ferobergia@aol.com

Website: www.kakteen-plapp.de

3. Cookies

The Internet pages of the Kakteengärtnerei Albert Plapp use cookies.Cookies are text files that are stored in a computer system via anInternet browser.

Many Internet sites and servers use cookies. Many cookies contain aso-called cookie ID. A cookie ID is a unique identifier of the cookie.It consists of a character string through which Internet pages andservers can be assigned to the specific Internet browser in which thecookie was stored. This allows visited Internet sites and servers todifferentiate the individual browser of the dats subject from otherInternet browsers that contain other cookies. A specific Internetbrowser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the Kakteengärtnerei Albert Plapp canprovide the users of this website with more user-friendly services thatwould not be possible without the cookie setting.

By means of a cookie, the information and offers on our website canbe optimized with the user in mind. Cookies allow us, as previouslymentioned, to recognize our website users. The purpose of thisrecognition is to make it easier for users to utilize our website. Thewebsite user that uses cookies, e.g. does not have to enter access dataeach time the website is accessed, because this is taken over by thewebsite, and the cookie is thus stored on the user's computer system.Another example is the cookie of a shopping cart in an online shop. Theonline store remembers the articles that a customer has placed in thevirtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookiesthrough our website by means of a corresponding setting of the Internetbrowser used, and may thus permanently deny the setting of cookies.Furthermore, already set cookies may be deleted at any time via anInternet browser or other software programs. This is possible in allpopular Internet browsers. If the data subject deactivates the settingof cookies in the Internet browser used, not all functions of ourwebsite may be entirely usable.

4. Collection of general data and information

The website of the Kakteengärtnerei Albert Plapp collects a seriesof general data and information when a data subject or automated systemcalls up the website. This general data and information are stored inthe server log files. Collected may be (1) the browser types andversions used, (2) the operating system used by the accessing system,(3) the website from which an accessing system reaches our website(so-called referrers), (4) the sub-websites, (5) the date and time ofaccess to the Internet site, (6) an Internet protocol address (IPaddress), (7) the Internet service provider of the accessing system,and (8) any other similar data and information that may be used in theevent of attacks on our information technology systems.

When using these general data and information, the KakteengärtnereiAlbert Plapp does not draw any conclusions about the data subject.Rather, this information is needed to (1) deliver the content of ourwebsite correctly, (2) optimize the content of our website as well asits advertisement, (3) ensure the long-term viability of ourinformation technology systems and website technology, and (4) providelaw enforcement authorities with the information necessary for criminalprosecution in case of a cyber-attack. Therefore, the KakteengärtnereiAlbert Plapp analyzes anonymously collected data and informationstatistically, with the aim of increasing the data protection and datasecurity of our enterprise, and to ensure an optimal level ofprotection for the personal data we process. The anonymous data of theserver log files are stored separately from all personal data providedby a data subject.

5. Registration on our website

The data subject has the possibility to register on the website ofthe controller with the indication of personal data. Which personaldata are transmitted to the controller is determined by the respectiveinput mask used for the registration. The personal data entered by thedata subject are collected and stored exclusively for internal use bythe controller, and for his own purposes. The controller may requesttransfer to one or more processors (e.g. a parcel service) that alsouses personal data for an internal purpose which is attributable to thecontroller. You also have the opportunity to order as a guest without registration.

By registering on the website of the controller, the IPaddress—assigned by the Internet service provider (ISP) and used by thedata subject—date, and time of the registration are also stored. Thestorage of this data takes place against the background that this isthe only way to prevent the misuse of our services, and, if necessary,to make it possible to investigate committed offenses. Insofar, thestorage of this data is necessary to secure the controller. This datais not passed on to third parties unless there is a statutoryobligation to pass on the data, or if the transfer serves the aim ofcriminal prosecution.

The registration of the data subject, with the voluntary indicationof personal data, is intended to enable the controller to offer thedata subject contents or services that may only be offered toregistered users due to the nature of the matter in question.Registered persons are free to change the personal data specifiedduring the registration at any time, or to have them completely deletedfrom the data stock of the controller.

The data controller shall, at any time, provide information uponrequest to each data subject as to what personal data are stored aboutthe data subject. In addition, the data controller shall correct orerase personal data at the request or indication of the data subject,insofar as there are no statutory storage obligations. The entirety ofthe controller’s employees are available to the data subject in thisrespect as contact persons.

6. Contact possibility via the website

The website of the Kakteengärtnerei Albert Plapp containsinformation that enables a quick electronic contact to our enterprise,as well as direct communication with us, which also includes a generaladdress of the so-called electronic mail (e-mail address). If a datasubject contacts the controller by e-mail or via a contact form, thepersonal data transmitted by the data subject are automatically stored.Such personal data transmitted on a voluntary basis by a data subjectto the data controller are stored for the purpose of processing orcontacting the data subject. There is no transfer of this personal datato third parties.

7. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of thedata subject only for the period necessary to achieve the purpose ofstorage, or as far as this is granted by the European legislator orother legislators in laws or regulations to which the controller issubject to.

If the storage purpose is not applicable, or if a storage periodprescribed by the European legislator or another competent legislatorexpires, the personal data are routinely blocked or erased inaccordance with legal requirements.

8. Rights of the data subject

  • a) Right of confirmation

    Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller the confirmation as to whetheror not personal data concerning him or her are being processed. If adata subject wishes to avail himself of this right of confirmation, heor she may, at any time, contact any employee of the controller.

  • b) Right of access

    Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller free information about his orher personal data stored at any time and a copy of this information.Furthermore, the European directives and regulations grant the datasubject access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • therecipients or categories of recipients to whom the personal data havebeen or will be disclosed, in particular recipients in third countriesor international organisations;
    • where possible, the envisagedperiod for which the personal data will be stored, or, if not possible,the criteria used to determine that period;
    • the existence ofthe right to request from the controller rectification or erasure ofpersonal data, or restriction of processing of personal data concerningthe data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • theexistence of automated decision-making, including profiling, referredto in Article 22(1) and (4) of the GDPR and, at least in those cases,meaningful information about the logic involved, as well as thesignificance and envisaged consequences of such processing for the datasubject.

    Furthermore, the data subject shall have a right to obtaininformation as to whether personal data are transferred to a thirdcountry or to an international organisation. Where this is the case,the data subject shall have the right to be informed of the appropriatesafeguards relating to the transfer.

    If a data subject wishes to avail himself of this right of access,he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

    Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller without undue delay therectification of inaccurate personal data concerning him or her. Takinginto account the purposes of the processing, the data subject shallhave the right to have incomplete personal data completed, including bymeans of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, heor she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

    Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller the erasure of personal dataconcerning him or her without undue delay, and the controller shallhave the obligation to erase personal data without undue delay whereone of the following grounds applies, as long as the processing is notnecessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • Thedata subject withdraws consent to which the processing is basedaccording to point (a) of Article 6(1) of the GDPR, or point (a) ofArticle 9(2) of the GDPR, and where there is no other legal ground forthe processing.
    • The data subject objects to the processingpursuant to Article 21(1) of the GDPR and there are no overridinglegitimate grounds for the processing, or the data subject objects tothe processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • Thepersonal data must be erased for compliance with a legal obligation inUnion or Member State law to which the controller is subject.
    • Thepersonal data have been collected in relation to the offer ofinformation society services referred to in Article 8(1) of the GDPR.

    If one of the aforementioned reasons applies, and a data subjectwishes to request the erasure of personal data stored by theKakteengärtnerei Albert Plapp, he or she may, at any time, contact anyemployee of the controller. An employee of Kakteengärtnerei AlbertPlapp shall promptly ensure that the erasure request is complied withimmediately.

    Where the controller has made personal data public and is obligedpursuant to Article 17(1) to erase the personal data, the controller,taking account of available technology and the cost of implementation,shall take reasonable steps, including technical measures, to informother controllers processing the personal data that the data subjecthas requested erasure by such controllers of any links to, or copy orreplication of, those personal data, as far as processing is notrequired. An employees of the Kakteengärtnerei Albert Plapp willarrange the necessary measures in individual cases.

  • e) Right of restriction of processing

    Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller restriction of processingwhere one of the following applies:

    • Theaccuracy of the personal data is contested by the data subject, for aperiod enabling the controller to verify the accuracy of the personaldata.
    • The processing is unlawful and the data subject opposesthe erasure of the personal data and requests instead the restrictionof their use instead.
    • The controller no longer needs thepersonal data for the purposes of the processing, but they are requiredby the data subject for the establishment, exercise or defence of legalclaims.
    • The data subject has objected to processing pursuant toArticle 21(1) of the GDPR pending the verification whether thelegitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subjectwishes to request the restriction of the processing of personal datastored by the Kakteengärtnerei Albert Plapp, he or she may at any timecontact any employee of the controller. The employee of theKakteengärtnerei Albert Plapp will arrange the restriction of theprocessing.

  • f) Right to data portability

    Each data subject shall have the right granted by the Europeanlegislator, to receive the personal data concerning him or her, whichwas provided to a controller, in a structured, commonly used andmachine-readable format. He or she shall have the right to transmitthose data to another controller without hindrance from the controllerto which the personal data have been provided, as long as theprocessing is based on consent pursuant to point (a) of Article 6(1) ofthe GDPR or point (a) of Article 9(2) of the GDPR, or on a contractpursuant to point (b) of Article 6(1) of the GDPR, and the processingis carried out by automated means, as long as the processing is notnecessary for the performance of a task carried out in the publicinterest or in the exercise of official authority vested in thecontroller.

    Furthermore, in exercising his or her right to data portabilitypursuant to Article 20(1) of the GDPR, the data subject shall have theright to have personal data transmitted directly from one controller toanother, where technically feasible and when doing so does notadversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subjectmay at any time contact any employee of the Kakteengärtnerei AlbertPlapp.

  • g) Right to object

    Each data subject shall have the right granted by the Europeanlegislator to object, on grounds relating to his or her particularsituation, at any time, to processing of personal data concerning himor her, which is based on point (e) or (f) of Article 6(1) of the GDPR.This also applies to profiling based on these provisions.

    The Kakteengärtnerei Albert Plapp shall no longer process thepersonal data in the event of the objection, unless we can demonstratecompelling legitimate grounds for the processing which override theinterests, rights and freedoms of the data subject, or for theestablishment, exercise or defence of legal claims.

    If the Kakteengärtnerei Albert Plapp processes personal data fordirect marketing purposes, the data subject shall have the right toobject at any time to processing of personal data concerning him or herfor such marketing. This applies to profiling to the extent that it isrelated to such direct marketing. If the data subject objects to theKakteengärtnerei Albert Plapp to the processing for direct marketingpurposes, the Kakteengärtnerei Albert Plapp will no longer process thepersonal data for these purposes.

    In addition, the data subject has the right, on grounds relating tohis or her particular situation, to object to processing of personaldata concerning him or her by the Kakteengärtnerei Albert Plapp forscientific or historical research purposes, or for statistical purposespursuant to Article 89(1) of the GDPR, unless the processing isnecessary for the performance of a task carried out for reasons ofpublic interest.

    In order to exercise the right to object, the data subject maycontact any employee of the Kakteengärtnerei Albert Plapp. In addition,the data subject is free in the context of the use of informationsociety services, and notwithstanding Directive 2002/58/EC, to use hisor her right to object by automated means using technicalspecifications.

  • h) Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the Europeanlegislator not to be subject to a decision based solely on automatedprocessing, including profiling, which produces legal effectsconcerning him or her, or similarly significantly affects him or her,as long as the decision (1) is not is necessary for entering into, orthe performance of, a contract between the data subject and a datacontroller, or (2) is not authorised by Union or Member State law towhich the controller is subject and which also lays down suitablemeasures to safeguard the data subject's rights and freedoms andlegitimate interests, or (3) is not based on the data subject'sexplicit consent.

    If the decision (1) is necessary for entering into, or theperformance of, a contract between the data subject and a datacontroller, or (2) it is based on the data subject's explicit consent,the Kakteengärtnerei Albert Plapp shall implement suitable measures tosafeguard the data subject's rights and freedoms and legitimateinterests, at least the right to obtain human intervention on the partof the controller, to express his or her point of view and contest thedecision.

    If the data subject wishes to exercise the rights concerningautomated individual decision-making, he or she may, at any time,contact any employee of the Kakteengärtnerei Albert Plapp.

  • i) Right to withdraw data protection consent

    Each data subject shall have the right granted by the Europeanlegislator to withdraw his or her consent to processing of his or herpersonal data at any time.

    If the data subject wishes to exercise the right to withdraw theconsent, he or she may, at any time, contact any employee of theKakteengärtnerei Albert Plapp.

9. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processingoperations for which we obtain consent for a specific processingpurpose. If the processing of personal data is necessary for theperformance of a contract to which the data subject is party, as is thecase, for example, when processing operations are necessary for thesupply of goods or to provide any other service, the processing isbased on Article 6(1) lit. b GDPR. The same applies to such processingoperations which are necessary for carrying out pre-contractualmeasures, for example in the case of inquiries concerning our productsor services. Is our company subject to a legal obligation by whichprocessing of personal data is required, such as for the fulfillment oftax obligations, the processing is based on Art. 6(1) lit. c GDPR.In rare cases, the processing of personal data may be necessary toprotect the vital interests of the data subject or of another naturalperson. This would be the case, for example, if a visitor were injuredin our company and his name, age, health insurance data or other vitalinformation would have to be passed on to a doctor, hospital or otherthird party. Then the processing would be based on Art. 6(1) lit. dGDPR.Finally, processing operations could be based on Article 6(1) lit. fGDPR. This legal basis is used for processing operations which are notcovered by any of the abovementioned legal grounds, if processing isnecessary for the purposes of the legitimate interests pursued by ourcompany or by a third party, except where such interests are overriddenby the interests or fundamental rights and freedoms of the data subjectwhich require protection of personal data. Such processing operationsare particularly permissible because they have been specificallymentioned by the European legislator. He considered that a legitimateinterest could be assumed if the data subject is a client of thecontroller (Recital 47 Sentence 2 GDPR).

10. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit.f GDPR our legitimate interest is to carry out our business in favor ofthe well-being of all our employees and the shareholders.

11. Period for which the personal data will be stored

The criteria used to determine the period of storage of personaldata is the respective statutory retention period. After expiration ofthat period, the corresponding data is routinely deleted, as long as itis no longer necessary for the fulfillment of the contract or theinitiation of a contract.

12. Provision of personal data as statutory or contractualrequirement; Requirement necessary to enter into a contract; Obligationof the data subject to provide the personal data; possible consequencesof failure to provide such data

We clarify that the provision of personal data is partly required bylaw (e.g. tax regulations) or can also result from contractualprovisions (e.g. information on the contractual partner).Sometimes it may be necessary to conclude a contract that the datasubject provides us with personal data, which must subsequently beprocessed by us. The data subject is, for example, obliged to provideus with personal data when our company signs a contract with him orher. The non-provision of the personal data would have the consequencethat the contract with the data subject could not be concluded.Before personal data is provided by the data subject, the data subjectmust contact any employee. The employee clarifies to the data subjectwhether the provision of the personal data is required by law orcontract or is necessary for the conclusion of the contract, whetherthere is an obligation to provide the personal data and theconsequences of non-provision of the personal data.

13. Social-Pluigins

This website does not use any social plug-ins and is not directly or indirectly linked to other websites or services.This website is regularly used by search engines, e.g. Google, scanned for content.We do not use tracking tools on this website.

14.Using Payment Methods

We have not integrated any payment system in our shop. After ordering you will receive a separate payment request.

15. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.