Privacy Policy
We attach great importance to the protection of your personal data. We therefore strictly adhere to the legal provisions governing the admissibility of the handling of personal data and have taken appropriate technical and organisational precautions. The following declaration gives you an overview of how we guarantee this protection and what kind of data we collect for what purpose.
I. General information on data processing
1. Scope of the processing of personal data
We only collect and use our users’ personal data of insofar as this is necessary to provide a functional website as well as our contents and services. The collection and use of our users’ personal data takes place regularly and only with the user’s consent. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
Daniele del Gesso is entitled, with your voluntary consent, to collect, process and store, combine with other data, archive and use your personal data for the purpose of providing information about mysomm.de products. You give your consent either in writing or by clicking on the corresponding declaration. In particular, personal data will only be passed on to third parties if you have given your express prior consent or if we are obliged to surrender the data, for example due to an official order.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6 para. 1 lit. a EU Data Protection Ordinance (GDPR) serves as the legal basis for the processing of personal data. In the processing of personal data required for the performance of a contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event of the vital interests of the data subject or another natural person requiring the processing of personal data, article 6(1)(d) GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
3. Data erasure and storage time
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
II. Provision of the website and creation of log files
1. description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s Internet service provider of the user
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user’s system reaches our website
(7) Websites accessed by the user’s system via our website
The data are also stored in the log files of our system. The IP addresses of the user or other data that enable the assignment of the data to a user are not affected by this. These data are not stored together with other personal data of the user.
Daniele del Gesso cannot assign these data to specific persons. They serve exclusively for the statistical evaluation and improvement of our offers and services by providing information about the use of the information provided by mysomm.de.
2. Legal basis for data processing
The legal basis for the temporary storage of data is art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the user’s IP address must remain stored for the duration of the session.
Our legitimate interest in data processing pursuant to art. 6 para. 1 lit. f GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
III. Use of cookies
1. Custom cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page change. The log-in information (II number 1) is stored and transmitted in the cookies.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is art. 6 para. 1 lit. f GDPR.
c) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies.
d) Duration of storage and restriction of the use of cookies
Cookies are stored on the user’s computer and transmitted to our site. They are automatically deleted at the end of each session.
As a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
e) Refusal of cookies
Cookies can generally be denied via the web browser settings. If you deactivate or restrict the use of cookies using your browser, you will no longer be able to use various functions on our website. Cookies can also be deleted automatically.
The following links will inform you how to set up your browser:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: http://support.mozilla.org/de/kb/cookies-informationen-websites-auf-ihrem-computer
Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&answer=95647
Safari: https://support.apple.com/kb/PH21411?locale=de_DE
Opera: https://help.opera.com/de/latest/web-preferences/
2. Use of website analysis services
a) Description and scope of data processing
Various analysis tools are integrated into the websites we operate.
Google Analytics
Some websites use Google Analytics, a web analytics service provided by Google Inc. (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, 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 will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities, and to provide the website operator with further services associated with website use and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. Google Analytics data may not be passed on without the customer’s consent, unless special circumstances such as legal requirements exist.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address), and from processing these data by downloading and installing the browser plug-in available under the following link:
More information on how Google Analytics handles user data can be found in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.
For further information on the collection and use of data by Google and your rights to protect your privacy, please refer to the data protection information at https://www.google.de/intl/de/policies/privacy/.
c) Legal basis for data processing
The legal basis for the temporary storage of data and log files is art. 6 para. 1 lit. f GDPR.
d) Purpose of data processing
The purpose of using the data and of analysis with website services is to optimize our services.
e) Duration of storage and restriction of the use of cookies
Cookies are stored on the user’s computer for up to two years and transmitted to our site by the user.
As a user, you also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
IV. Contacting
1. Description and scope of data processing
On some of our Internet pages there is a contact form which can be used for electronic contact. If a user accepts this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:
(1) First name
(2) Name
(3) Subject
(4) E-mail
(5) Your message
At the time the message is sent, the following data are also stored:
(1) The user’s IP address
(2) Date and time of entry
Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, the data are not disclosed to third parties. The data are used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of establishing contact is art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is art. 6 exp. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us only with regard to the processing of the establishment of contact.
The other personal data processed during the sending process via the contact form serve to prevent misuse of the contact form and to ensure the security of our IT systems.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the matter has been clarified once and for all.
If statutory provisions provide for retention obligations (e.g. six years for commercial letters received, section 257 (4) of the German Commercial Code(HGB)), deletion shall take place after expiry of the corresponding period.
V. Data provided by you
1. Description and scope of data processing
In some areas of the site, you may be asked to provide personal information in order to use the offers or free features described or to participate in special promotions (subscription orders, product orders, editorial or advertising newsletters, participation in competitions or other promotions). You will be informed about which information you must provide for these offers and which data you can voluntarily provide.
In particular, the following data may be collected: Name, address, bank details, password, date of birth, e-mail address, declarations of consent, information on the concluded legal transaction.
To fulfill your order or registration we pass your data on to partners, who in turn act in conformity with the data protection regulations.
You can apply at any time to have your customer account deleted at privacy(*)mysomm(.)de.
When subscribing to a newsletter, the user receives a confirmation message after registration, which contains a link to the final registration (double opt-in). This ensures that the newsletter is explicitly desired.
You can unsubscribe from the newsletter via a personalized link that will be sent with each mailing.
2. Legal basis for data processing
If the purpose of data collection is to conclude a contract, the legal basis for processing is art. 6 para. 1 lit. b GDPR. Furthermore, data will be processed on the basis of a consent given by you (art 6 para. 1 lit. a GDPR).
3. Purpose of data processing
The data is processed for the purpose of enabling the use of the respective offers and functions. Inasmuch as you provide further data voluntarily, we use them to design our services according to your needs.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is usually the case if the service you have used (e.g. newsletter order, creation of a personal user profile) is cancelled.
If statutory provisions provide for retention obligations (e.g. six years for commercial letters received, section 257 (4) HGB), deletion shall take place after expiry of the corresponding period.
VI. Use of social media links or plug-ins
1. General
Social media channels are linked on our website. By clicking on the button you will be forwarded to the respective network. A direct link between the pages only exists if you are logged in to the respective network.
We may have included buttons (“plug-ins”) from various social networks on our websites so that you can also use the interactive possibilities of the social networks you use on our websites. These plug-ins provide various functions, the subject and scope of which is determined by the operators of the social networks. We use a 2-click procedure to better protect your personal data. By pressing the button next to the respective plug-in, the plug-in is activated, which is indicated by the color change of the plug-in button from gray to colored. Then you can use the respective plug-in by clicking on the button of the plug-in. Please note that we are not providers of social networks and have no influence on data processing by the respective service providers. The legal basis for the use of the plug-ins is, insofar as personal data are processed here, art. 6 para. 1 f EU GDPR, whereby our legitimate interest consists in the provision of interaction possibilities for the purpose of advertising (recital 47 EU GDPR) and in the demand-oriented design of our Internet services for interaction with social networks to which the users of our website belong.
More details about the individual plug-ins can be found in the following information:
2. Facebook/Instagram
Our pages include plug-ins from the social network “Facebook”, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognize the Facebook plug-ins by the Facebook logo or the “Like” button on our page. An overview of the Facebook plug-ins can be found here: http://developers.facebook.com/docs/plugins/.
When you activate the plug-in, the plug-in establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while logged into your Facebook account, you can refer to the content of our pages in your Facebook profile.
We would like to point out that, as the provider of the pages, we are not aware of the content of the data transmitted, or how it is used by Facebook, and that we are not responsible for the data processing by Facebook. For more information, please see Facebook’s Privacy Policy at http://de-de.facebook.com/policy.php
The Instragram button is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The relevant data protection declaration can be found at https://help.instagram.com/519522125107875?helpref=page_content.
VII. Rights of the data subject
If personal data are processed by you, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can ask the person in charge to confirm whether we process personal data relating to you.
If such processing dos take place, you can request the following information from the person responsible:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data relating to you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data relating to you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to art. 46 GDPR in connection with the transmission.
2. Right to rectification
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed relating to you are incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data relating to you be restricted:
(1) if you dispute the accuracy of the personal data relating to you for a period that enables the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing pursuant to art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to deletion
a) Duty to delete
You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to art. 6 para. 1 lit. a or art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to art. 21 para. 2 GDPR.
(4) The personal data relating to you were processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to art. 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data relating to you public and is obliged to delete it pursuant to art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to cancellation does not exist insofar as the processing is necessary:
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to art. 9 para. 2 lit. h and i and art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to have the data controller rectify, delete or limit the processing, he is obliged to inform all recipients to whom the personal data relating to you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves disproportionate effort.
The person responsible shall have the right to be informed of such recipients.
6. Right to data transferability
You have the right to receive the personal data relating to you that you provided the person responsible with in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that
(1) processing is based on consent pursuant to art. 6 para. 1 lit. a GDPR or art. 9 para. 2 lit. a GDPR or on a contract pursuant to art. 6 para. 1 lit. b GDPR and
(2) processing is carried out by means of automated methods.
In exercising this right, you also have the right to request that the personal data relating to you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular circumstances, to the processing of personal data relating to you under article 6(1)(e) or (f) ofGDPR; this also applies to profiling based on these provisions.
The data controller then no longer processes the personal data relating to you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
You have the possibility of exercising your right of objection in connection with the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to art. 9 para. 1 GDPR, unless art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or which you suspect of infringement, if you believe that the processing of personal data relating to you is contrary to the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under article 78 GDPR.
11. Modification of data and revocation
On request, mysomm.de will inform you in writing; taking into account the legal requirements, whether and which personal data are stored. Please send your inquiries to privacy(*)mysomm(.)de.
You can update, correct, supplement or delete your personal data at any time.
If this is not technically possible at the address at which you provided the data, you can contact us at any time at the following address: welovewine(*)mysomm(.)de
This address can also be used for the revocation of a given consent to the use of your data. In this case your data will be deleted immediately. If data have been transferred to third parties with your consent, these third parties will be informed immediately and requested to delete the data. You are entitled to restrict your consent to the use of your data. In this case, the data will only be deleted within the scope of the restriction.
For technical reasons, it cannot be completely ruled out that there may be an overlap between the revocation and the use of your data within the framework of a campaign that has already started.
As at: 23 August 2022