Union/European Economic Area (“EU/EEA”), the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Policy, the EU-US Privacy Shield framework and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of Personal Data transferred from the European Economic Area (“EEA”) or Switzerland to the United States, including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“the General Data Protection Regulation” and the “GDPR”) as of its entry into force on 24 May 2018. Below you will find extensive information about how Endobotanicals handles your data.
ACCESS DATA AND HOSTING
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request. These access data are analyzed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
All data collected by Endobotanicals will be stored exclusively in secure hosting facilities. Endobotanicals has a data processing agreement in place with its provider, ensuring compliance with the Directive. All hosting is performed in accordance with the highest security regulations.
WHAT DATA DO WE COLLECT ABOUT YOU AND FROM WHAT SOURCES?
We receive almost all of your personal data from you. You provide us with sample information directly, for example, by filling in registration forms and purchasing data. We also receive your data directly from you when you submit a query in any of the ways you choose: by writing us an email, by submitting a written request to us, calling our customer support line, and so on. We process your personal data with your consent, expressed at the moment of registering on the Website and at the moment of confirming a transaction made on the Website.
Your consent to the processing of your personal data is completely voluntary, but failure to give the consent makes it impossible to register on and shop through the website. We use the data that you disclose to us to perform the contract and process your enquiries according to art. 6 (1) 1 lit b GDPR. If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We may collect the following categories of personal data about you: Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details.
We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy. We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which are to grow our business. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name.
If you wish to update or delete your testimonial, you can contact us at [email protected] Endobotanicals.com. We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.
Endobotanicals processes personal data both as a processor and as a controller, as defined in the Directive and the GDPR.
Your personal data controller is:
Company code HRB218521
Radlkoferstraße 2, 81373 München Germany
VAT code DE301115171
HOW LONG DO WE HANDLE AND STORE YOUR DATA?
Upon completion of the contract or deletion of your customer account, any further processing of your data will be restricted, and your data will be deleted upon expiry of the retention period applicable under relevant regulations, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by law. If there is a likelihood of a legal dispute, we may keep your data longer, until the statutory limitation period for lodging a complaint or action is due and / or the final decision is finalized. Upon deletion our systems will only retain such archival information about your transactions where data retention is related e.g. to any claims you may have, for instance under statutory warranty or in connection with the legislation binding upon us (e.g. commercial and tax retention periods).
HOW WE USE YOUR DATA?
Our website may be used and accessed without telling us who you are. However, some services may require you to provide us with personal data. We use the information that we collect to operate and maintain our site, process your orders, send you marketing communications, respond to your questions and concerns. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. We do not carry out automated decision making or any type of automated profiling.
HOW WE SHARE YOUR PERSONAL DATA?
We disclose your data to the shipping company in the scope required for the delivery of the ordered goods according to art. 6 (1) 1 lit. b GDPR. Depending on the payment service provider you have selected during the ordering process, we disclose the payment details collected for order processing purposes to the bank commissioned to handle the payment and, as the case may be, to the payment service provider commissioned by us or to the selected payment service. Some of those data are collected by the selected payment service providers themselves if you open an account with them. In such a case, during the ordering process, you must register with your payment service provider using your access data. In this respect, the privacy notice of the relevant payment service provider applies. In addition, we may have to share your personal data with the parties set out below: Service providers who provide IT and system administration services; Professional advisers including lawyers, bankers, auditors and insurers; Government bodies that require us to report processing activities; Third parties to whom we sell, transfer, or merge parts of our business or our assets; We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
HOW AND IN WHICH TERRITORIES AND JURISDICTIONS DO WE HANDLE YOUR PERSONAL?
Your information collected through the Endobotanicals website and platform may be stored and processed in the United States, Europe, or any other country in which Endobotanicals or its subsidiaries, affiliates or service providers maintain facilities. Endobotanicals may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, some of our third-party providers may be located outside of the EU. Where this is the case we will take steps to make sure the right security measures are taken so that your privacy rights continue to be protected as outlined in this policy. By submitting your personal data, you’re agreeing to this transfer, storing or processing. Where our third-party suppliers are in the US we have ensured that their services fall under the “Privacy Shield” whereby participating companies are deemed to have adequate protection and therefore facilitate the transfer of information from the EU to the US.
HOW WE PROTECT YOUR DATA?
Any information stored on Endobotanicals platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Endobotanicals implements and maintains appropriate technical, security and organizational measures to protect personal data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. Our suppliers are carefully selected, we require them to use appropriate means to protect your confidentiality and to ensure the security of your personal information. However, the security of information transmission over the Internet or mobile communications can not be guaranteed; any communication to us of you in the manner indicated is at your own risk.
In the event that personal information is compromised as a breach of security, Endobotanicals will promptly notify our customers in compliance with applicable law.
Our lawful ground of processing your personal data to send you marketing communications is your consent. Under the Privacy and Electronic Communications Regulations and the GDPR, we may send you marketing communications from us if you asked for information from us about our goods or services or you agreed to receive marketing communications. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by emailing us at [email protected] at any time. If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
WHAT RIGHTS DO YOU HAVE FOR DATA PROTECTION LAW AND HOW CAN YOU USE THEM? The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
Right of access by the data subject pursuant to Art. 15 GDPR
Right to rectification pursuant to Art. 16 GDPR
Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
Right to restriction of processing pursuant to Art. 18 GDPR
Right to be informed pursuant to Art. 19 GDPR
Right to data portability pursuant to Art. 20 GDPR
Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
Right to lodge a complaint pursuant to Art. 77 GDPR
ENFORCEMENT AND DISPUTE RESOLUTION
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Endobotanicals commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss Data Subjects with questions or concerns about the use of their Personal Data should contact us at: [email protected]
RIGHT TO OBJECT
You have the right to object Endobotanicals processing your data even if it is based on our legitimate interests, the exercise of official authority, direct marketing and statistics. If you want us to restrict processing of your data, please contact us at: [email protected] If you exercise your right to object, we will stop processing the data concerned, however, we reserve the right to further processing if we can prove compelling reasons worthy of protection for processing which outweigh your interests, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
POLICY VALIDITY AND CHANGES
This Policy applies from 8th November, 2019. If we change this Policy, we will announce its updated version on this page.