My Sweet

Data Protection Information

I. DEFINITIONS

The data protection declaration of MY SWEET COMPANY is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). We would like to inform you about the definitions in Article 4 of the GDPR.

II. NAME AND ADDRESS OF THE CONTROLLER AND THE DATA PROTECTION OFFICER

Controller as defined by the GDPR and other data protection laws applicable in member states of the European Union and other provisions related to data protection is:

MY SWEET COMPANY

Friedrich Alfred Str. 184

47226 Duisburg / GERMANY

Tel.: +49 1733902470

Email: info@my-sweetcompany.de

Website: www.my-sweetcompany.de

III. GENERAL INFORMATION ABOUT DATA PROCESSING

1. Scope of Processing of Personal Data

We generally collect and use personal data of our business partners only to the extent necessary for the initiation of contracts and for the performance of contracts. We process data after the fulfillment of contractual obligations only with your consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted or required by statutory provisions.

2. Handling of Personal Data

The collection, processing, or use of personal data is generally prohibited unless a legal provision expressly permits data handling. Personal data may be collected, processed, or used in accordance with the GDPR:

With an existing contractual relationship with the data subject.
In the course of contract initiation or execution with the data subject.
When and to the extent that the data subject has consented.

3. Legal Basis for the Processing of Personal Data

If we obtain the consent of the data subject for processing personal data, Article 6(1)(a) GDPR serves as the legal basis. When processing personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures. Insofar as processing of personal data is required to fulfill a legal obligation that our company is subject to, Article 6(1)(c) GDPR serves as the legal basis. If processing is necessary for the purposes of a legitimate interest pursued by our company or a third party, and if the interests, fundamental rights, and freedoms of the data subject do not override the first interest, Article 6(1)(f) GDPR serves as the legal basis for processing.

4. Categories of Data Subjects and Their Data

For the exercise of our business activities and the fulfillment of all associated obligations, the following categories of data are available, as far as necessary:

Customer data and their contact persons, as well as data provided by customers for order processing and customer support.
Data of service providers, suppliers, and their contact persons, as far as required for order fulfillment to customers, service providers, and suppliers.

When using personal data and the extent of data collected, the basic rules of the right to self-determination in information, as well as other data protection standards, are observed, particularly the preventive prohibition principle, the purpose limitation, transparency, information and notification obligations, the principles of data minimization and data avoidance, and the rights to correction, blocking, deletion, and objection. The collection and processing of personal data take place within the legal framework. In this context, the special requirements for the collection and processing of sensitive data in accordance with Article 9(1) GDPR must be observed. In principle, only information that is necessary for the fulfillment of operational tasks and is directly related to the purpose of processing may be processed and used. If other parties request information about data subjects, this information will only be disclosed without the consent of the data subject if there is a legal obligation or a legitimate interest of the company justifying the disclosure, and the identity of the requesting party is clearly established.

5. Recipients of Personal Data

Recipients of personal data are any individuals or entities that receive data, such as contractual partners, customers, authorities, insurers, employees, data processors (e.g., for order processing), etc. In particular, we will neither sell nor otherwise market your personal data to third parties.

6. Transfer of Data to Third Countries

Data transfer to third countries exclusively takes place for the fulfillment of order processing. Data transfer to a third country without an appropriate level of data protection is permissible for the fulfillment of a contract between the data subjects and the processing entity.

7. External Service Providers / Order Processing / Maintenance

With external service providers, agreements exist, as required, in accordance with Article 28 GDPR or the EU standard contractual clauses.

8. Data Erasure and Storage Duration

The personal data of the data subject is erased or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject. Blocking or erasure of the data also takes place if a storage period prescribed by the aforementioned norms expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

9. Erasure of Data and Duration of Storage

A data subject’s personal data is erased or blocked as soon as there is no longer a reason to store it. In addition, data may be stored if European or national legislators have provided for this in Union regulations, laws, or other legislation to which the controller is subject. Data will also be blocked or erased once a storage period specified in the aforementioned legislation ends unless there is a need to continue to store the data in order to enter into or perform a contract.

IV. RIGHTS OF DATA SUBJECTS

If your personal data is processed by us, you are a data subject within the meaning of the GDPR, and you have the following rights against the controller:

1. Right to Information

You have the right to obtain confirmation from the controller as to whether personal data concerning you are being processed. If such processing is taking place, you can request the following information from the controller:

Where that is the case, you can obtain access to information from the controller about the following:

The purposes for which personal data is being processed.
The categories of personal data being processed.
The recipients or categories of recipients to whom your personal data has been or will be disclosed.
The planned duration for which your personal data will be stored or, if specific information about this is not available, the criteria used to determine the duration.
The existence of a right to have your personal data rectified or erased, a right to have processing limited by the controller, or a right to object to this processing.
The right to lodge a complaint with a supervisory authority.
If personal data has not been collected from the data subject: All available information about the origin of the data.
The existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

2. Right to Rectification

You have a right to have inaccurate personal data corrected by the controller without undue delay. Taking into account the purposes of processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

3. Right to Erasure (Right to Be Forgotten)

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data has been unlawfully processed.
The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the above reasons applies, and a data subject wishes to request the erasure of personal data stored by MY SWEET COMPANY, they can contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of MY SWEET COMPANY or another employee will promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of MY SWEET COMPANY or another employee will arrange the necessary measures in individual cases.

4. Right to Restriction of Processing

You have the right to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met, and a data subject wishes to request the restriction of personal data stored by MY SWEET COMPANY, they can contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of MY SWEET COMPANY or another employee will initiate the restriction of processing.

5. Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. You also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:

The processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR.
The processing is carried out by automated means.

In exercising your right to data portability, you have the right to have personal data transmitted directly from one controller to another, where technically feasible.

The exercise of the right to data portability is not subject to Article 17(3) GDPR.

6. Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, where:

the processing is based on consent pursuant to Art. 6(1) a GDPR or Art. 9(2) a GDPR or on a contract pursuant to Art. 6(1) b GDPR, and
the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others. The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6(1) e or f GDPR, including profiling. The controller shall no longer process the personal data unless they demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims. If personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to Withdraw Consent

You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated Individual Decision-Making, Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

is necessary for the conclusion or performance of a contract between you and the controller,
is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
is based on your explicit consent.

However, these decisions must not be based on special categories of personal data unless Art. 9(2) a or g GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. With regard to the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.

10. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you breaches the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

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