Privacy policy
1) Information on the collection of personal data and contact details of the responsible person
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 any data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is Tobias Winnenberg, Orchibias - Orchids ForEurope, Lehnsgrund 18, 45149 Essen, Germany, Tel.: +49 151 72823678, E-Mail:hello@orchidsforeurope.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
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 enquiries to the controller). You can recognise an encrypted connection by the string "https://" and the lock symbol in your browser line.
2) Data collection when visiting our website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the time of access
- Amount of data sent in bytes
- Source/reference from which you reached the page
- Browser used
- Operating system used
- IP address used (if applicable, in anonymised form)
3) Cookies
In order to make visiting our website more 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 terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser the next time you visit us (so-called persistent cookies). If cookies are set, they collect and process to an individual extent specific user information such as browser and location data as well as IP address values. Persistent cookies are automatically deleted after a The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser. In some cases, the cookies serve to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping basket for a later visit to the website). If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given or in accordance with Art. 6 para. 1 lit. fDSGVO to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit. Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies
Please note that if you do not accept cookies, the functionality of our website may be limited.
4) Contacting us
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. fDSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after your request has been processed. This is the case when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5) Data processing when opening a customer account and for the execution of a contract
Pursuant to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed if you provide it 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. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to a further use of your data or a legally permitted further use of data has been reserved on our part.
6) Use of customer data for direct advertising
6.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link. By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used exclusively for the purpose of advertising in the newsletter.
You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your email address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.
6.2 Newsletter dispatch via Sendinblue
Our e-mail newsletter is sent via the technical service provider Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin, to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 Para. 1 lit. f DSGVO and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. The data you enter for the purpose of receiving the newsletter (e.g. email address) is stored on Sendinblue's servers in the EU. Sendinblue uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the sent e-mails contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. In addition, technical information is collected (e.g. time of access, IP address, browser type and operating system). The data is collected exclusively in pseudonymised form and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter. Furthermore, Sendinblue may use this data itself in accordance with Art. 6 (1) lit. f DSGVO on the basis of its own legitimate interest in the needs-based design and optimisation of the service as well as for market research purposes, for example to determine which countries the recipients come from. However, Sendinblue does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties. We have concluded an order processing agreement with Sendinblue, with which we oblige Sendinblue to protect our customers' data and not to pass it on to third parties. You can view Sendinblue's privacy policy here: https://de.sendinblue.com/legal/privacypolicy
7) Data processing for order handling
7.1 In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted 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 as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b DSGVO.7.2 Use of payment service providers (payment services)
- giropay: When paying via "giropay", the payment is processed via giropay GmbH, Ander Welle 4, 60322 Frankfurt/Main, to whom we pass on the information you provided during the ordering process, together with information about your order. In accordance with Art. 6 Para. 1 lit. b DSGVO, your data will be passed on exclusively for the purpose of payment processing and only to the extent necessary for this purpose. You can obtain further information on the data protection provisions of giropay GmbH at the following Internet address: https://www.giropay.de/rechtliches/datenschutzerklaerung
- Klarna: If you select a Klarna payment service, the payment will be processed via Klarna Bank AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first name and surname, street, house number, postcode, town, gender, e-mail address, telephone number and IP address) as well as data related to the order (e.g. invoice amount, article, delivery type) will be passed on to Klarna for the purpose of checking your identity and creditworthiness, provided that you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a DSGVO during the ordering process. You can find out which credit agencies your data may be forwarded to here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Klarna uses the information received about the statistical probability of a payment default for a weighed decision about the establishment, implementation or termination of the contractual relationship. You can withdraw your consent at any time by sending a message to the data controller or to Klarna. However, Klarna may still be entitled to process your personal data to the extent necessary to process payments in accordance with the contract. Your personal data will be processed in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy for data subjects located in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy bzw. for data subjects located in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.
- Mollie: If you choose a payment method from the payment service provider Mollie, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, IBAN, BIC, invoice amount, currency and transaction number) in accordance with Art. 6 Para. 1 lit. b DSGVO. Your data will only be passed on for the purpose of payment processing with the payment service provider Mollie and only insofar as it is necessary for this purpose.
- Paypal: When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. etCie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing. For the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, PayPal reserves the right to carry out a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
8) Use of social media: Videos Use of Youtube videos.
This website uses the Youtube embedding function to display and play videos from the provider "Youtube", which belongs to Google Ireland Limited, Gordon House, 4Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The extended data protection mode is used here, which, according to the provider, only triggers the storage of user information when the video(s) is/are played. If the playback of embedded Youtube videos is started, the provider "Youtube" uses cookies to collect information about user behaviour. According to information from "Youtube", these cookies are used, among other things, to collect video statistics, to improve user-friendliness and to prevent abusive behaviour. If you are logged in to Google, your data will be directly assigned to your account when you click on a video. If you do not wish to have your data associated with your YouTube profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of Google's legitimate interests in the display of personalised advertising, market research and/or needs-based 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. The use of YouTube may also result in the transmission of personal data to the servers of Google LLC. in the USA. Independently of a playback of the embedded videos, a connection to the Google network is established each time this website is called up, which may trigger further data processing operations without our influence. Further information on data protection at "Youtube" can be found in the Youtube terms of use at https://www.youtube.com/static?template=terms and in Google's data protection declaration at https://www.google.de/intl/de/policies/privacy. As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Cookie Consent Tool" provided on the website.
9) Web analytics services
Google (Universal) Analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google(Universal) Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()", which ensures anonymisation of the IP address by shortening it and excludes direct personal reference. The extension means that your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google LLC.server in the USA and shortened there. Google will use this information on our behalf 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. In this context, the IP address transmitted by your browser as part of Google (Universal) Analytics will not be merged with other Google data. Google Analytics also enables the creation of statistics with statements about the age, gender and interests of site visitors on the basis of an evaluation of interest-based advertising and with the inclusion of third-party information via a special function, the so-called "demographic characteristics". This allows the definition and differentiation of user groups of the website for the purpose of the target group-optimised orientation of marketing measures. However, data records collected via the "demographic characteristics" cannot be assigned to a specific person. Details on the processing triggered by Google Analytics and on Google's handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites.
All of the processing described above, in particular the setting of Google Analytics cookies for reading out information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 Para. 1 lit. a DSGVO. Without this consent, Google Analytics will not be used during your visit to the website. You can revoke your consent at any time with effect for the future.
To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website. We have concluded an order processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties. For the transfer of data from the EU to the USA, Google refers to the so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA. Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de.
10) Rights of the data subject
The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective prerequisites for exercising these rights:
- Right to information pursuant to Art. 15 DSGVO;
- Right to rectification pursuant to Art. 16 DSGVO;
- Right to erasure pursuant to Art. 17 DSGVO;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to information pursuant to Art. 19 GDPR;
- Right to data portability pursuant to Art. 20 GDPR;
- Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
- Right to lodge a complaint pursuant to Art. 77 DSGVO.
10.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
11) Duration of the storage of personal data
The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, this data is stored until the data subject revokes his/her consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after expiry of the retention periods, insofar as it is no longer required for the fulfilment of a contract or the initiation of a contract and/or there is no further justified interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his/her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21(2) DSGVO.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.