Privacy Policy

 

We are very pleased you have taken an interest in our company. Data protection is very important to the management of beWell Lifestyle Drink Systems GmbH. It is possible in principle to use the web pages of beWell Lifestyle Drink Systems GmbH without providing any personal data. If a data subject wishes to make use of particular services provided by our company via our website, processing of personal data may, however, be necessary. If the processing of personal data is required and there is no legal basis for such use, we will generally obtain the consent of the data subject.

Personal data, such as the name, address, email address or telephone number of a data subject, is always processed in line with the General Data Protection Regulation (GDPR) and in compliance with the state-specific data protection regulations that apply to beWell Lifestyle Drink Systems GmbH. The aim of this Privacy Policy is to inform the public about the type, scope and purpose of the personal data we collect, use and process. This Privacy Policy also explains the rights data subjects have in this regard.

As the party responsible for processing, beWell Lifestyle Drink Systems GmbH has implemented a variety of technical and organisational measures to ensure that personal data processed via this website is protected as seamlessly as possible. Nevertheless, data transmission over the Internet may be subject to security risks, which means that absolute protection cannot be guaranteed. Accordingly, any data subject is entitled to provide us with personal data in alternative ways, such as by telephone.

 

  1. Terminology

This Privacy Policy by beWell Lifestyle Drink Systems GmbH is based on the term definitions that were used by the European Union in enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand both for the public and for our customers and business partners. To achieve this, we would first like to explain the terms that have been used.

The terms used in this Privacy Policy include:

  • a) personal data

Personal data is all information that relates to an identified or identifiable natural person (hereinafter referred to as a “data subject”). An identifiable natural person means one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) data subject

Data subject means any identified or identifiable natural person, whose personal data is processed by the controller.

  • c) processing

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

  • (d) restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.

  • e) profiling

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

  • f) pseudonymisation

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

  • d) responsible person or controller

The responsible person or controller means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of processing are determined by European Union law or the law of the Member States, the controller or the specific criteria for its nomination may be stipulated by the European Union law or the law of the Member States.

  • h) processor

Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

  • i) recipient

Recipient means a natural or legal person, public authority, agency or any other body to whom data is disclosed, whether a third party or not. Public authorities that may receive personal data as part of a specific investigative act pursuant to European Union law or the law of the Member States, are not deemed to be recipients, however.

  • j) third party

Third party means any natural or legal person, public authority, agency or any body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process data.

  • k) consent

Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them.

 

  1. Name and address of the party responsible for processing

The responsible party within the meaning of the GDPR, other data protection legislation applicable in the Member States of the European Union and other regulations concerning data protection is:

beWell Lifestyle Drink Systems GmbH

Taunusanlage 8

60329 Frankfurt am Main

Germany

Tel.: +49 (0)69 710 456 267

Email: info@bewell.gmbh

Website: www.bewellplus15.de

 

  1. Cookies

Cookies are used on the web pages of beWell Lifestyle Drink Systems GmbH. Cookies are text files stored and saved on a computer system by a web browser.

Many web pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for a cookie. It consists of a character string, which can be used to assign web pages and servers to the specific web browser on which the cookie has been saved. This enables the visited web pages and servers to differentiate the individual browser of the data subject from other web browsers that contain other cookies. A specific web browser can be recognised and identified via the unique cookie ID.

By using cookies beWell Lifestyle Drink Systems GmbH is able to provide services to users of this website that are more user-friendly than would be possible without the use of cookies.

A cookie allows us to optimise the information and offers on our website for the user. Cookies enable us, as already mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. Users of a website that uses cookies do not have to enter their access data each time they visit, for example, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie for a basket in the online shop. The online shop uses cookies to remember the items that customers have added to their baskets.

Data subjects can prevent cookies being used by our website at any time using the settings for their web browser, thereby permanently refusing permission for cookies. Cookies that have already been stored by a web browser or other software programs can also be deleted. All standard web browsers allow this. If cookies are deactivated in the web browser by the data subject, some functions of our website may not be fully usable under certain circumstances.

  1. Capture of general data and information

The website of beWell Lifestyle Drink Systems GmbH captures a variety of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is saved in the server’s log files. It may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites called at by a system accessing our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to protect against threats in the event of attacks on our information technology systems.

beWell Lifestyle Drink Systems GmbH does not draw conclusions about the data subject when using this general data and information. This information is rather used to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for this, (3) guarantee the lasting functionality of our information technology systems and the technology of our website and (4) to provide the authorities with information necessary for prosecution in the event of a cyber attack. This anonymously gathered data and information is evaluated statistically by beWell Lifestyle Drink Systems GmbH and with the aim of increasing data protection and security in our company, in order to ensure an optimum level of security for the personal data we process. The anonymous data in the server log files is stored separately to all personal data entered by a data subject.

  1. Contact via the website

Due to legal obligations the website of beWell Lifestyle Drink Systems GmbH includes information that facilitates fast electronic contact with our company and direct communication with us, which also comprises a general address for so-called electronic mail (email address). If a data subject makes contact with the controller via email or via a contact form, the personal data provided by the data subject is saved automatically. Such personal data provided voluntarily to the controller by a data subject is saved for the purposes of handling or making contact with the data subject. No personal data is passed to third parties.

  1. Routine deletion and blocking of personal data

The controller only processes and keeps the data subject’s personal data for the period necessary to achieve the purpose of retention, or when this is stipulated by the European Union or another legislator in laws or regulations to which the controller is subject.

The personal data is routinely blocked or deleted in compliance with legal requirements once the purpose of retention has lapsed or the retention period stipulated by the European Union or another competent legislator has expired.

  1. Rights of the data subject
  • a) Right of confirmation

All data subjects have the right granted by the European Union to obtain from the controller confirmation as to whether or not personal data concerning them is being processed. Any data subject wishing to exercise this right may contact an employee of the controller at any time in this regard.

  • b) Right of access

All data subjects have the right granted by the European Union to obtain free access from the controller at any time to personal data concerning them and to obtain a copy of this information. The European Union has also granted data subjects the right of access to the following information:

  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  • the right to lodge a complaint with a supervisory authority
  • where the personal data is not collected from the data subject: any available information as to its source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Data subjects also have a right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, data subjects have the right to be informed of the appropriate safeguards relating to the transfer.

Any data subject wishing to exercise this right of access may contact an employee of the controller at any time in this regard.

  • c) Right to rectification

All data subjects have the right granted by the European Union to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, data subjects also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Any data subject wishing to exercise this right may contact an employee of the controller at any time in this regard.

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

All data subjects have the right granted by the European Union to demand from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and if the processing is no longer necessary:

  • 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 grounds applies and a data subject wishes personal data held by beWell Lifestyle Drink Systems GmbH to be erased, the data subject may contact an employee of the controller at any time in this regard. The employee of beWell Lifestyle Drink Systems GmbH will arrange for the erase request to be fulfilled without undue delay.

Where beWell Lifestyle Drink Systems GmbH has made the personal data public and our company is obliged as the controller pursuant to Article 17(1) GDPR to erase the personal data, beWell Lifestyle Drink Systems GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, this personal data, providing processing is no longer necessary. The employee of beWell Lifestyle Drink Systems GmbH will arrange the necessary steps in the individual case.

  • e) Right to restriction of processing

All data subjects have the right granted by the European Union to obtain from the controller the 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 the restriction of its use instead.
  • the controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence 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 grounds applies and a data subject requests the restriction of personal data held by beWell Lifestyle Drink Systems GmbH, the data subject may contact an employee of the controller at any time in this regard. The employee of beWell Lifestyle Drink Systems GmbH will arrange for the restriction of processing.

  • f) Right to data portability

All data subjects have the right granted by the European Union to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this 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 point Article 6(1)(b) GDPR and the processing is carried out by automated means, providing processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising their right to data portability pursuant to Article 20(1) GDPR, data subjects also have the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

Any data subject may contact an employee of beWell Lifestyle Drink Systems GmbH at any time to exercise the right to data portability.

  • g) Right to object

All data subjects have the right granted by the European Union to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, beWell Lifestyle Drink Systems GmbH will stop processing personal data, unless we can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the data subject, or the processing is necessary for the establishment, exercise or defence of legal claims.

Where beWell Lifestyle Drink Systems GmbH processes personal data for direct marketing purposes, data subjects have the right to object at any time to processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. Where the data subject objects to beWell Lifestyle Drink Systems GmbH processing data for direct marketing purposes, beWell Lifestyle Drink Systems GmbH will no longer process the personal data for such purposes.

Where personal data are processed by beWell Lifestyle Drink Systems GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, data subjects, on grounds relating to their particular situation, also have the right to object to processing of personal data concerning them, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Any data subject may contact an employee of beWell Lifestyle Drink Systems GmbH directly to exercise the right to object. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, data subjects may also exercise their right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

All data subjects have the right granted by the European Union not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision is (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

Where the decision is necessary (1) for entering into, or performance of, a contract between the data subject and a data controller, or (2) is based on the data subject’s explicit consent, beWell Lifestyle Drink Systems GmbH will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

Any data subject wishing to exercise this right with regard to automated decision making may contact an employee of the controller at any time.

  • i) Right to withdraw data protection consent

All data subjects have the right granted by the European Union to withdraw their consent to processing of personal data at any time.

Any data subject wishing to exercise their right to withdraw consent may contact an employee of the controller at any time.

  1. Legal basis for processing

Article 6(1)(a) GDPR provides the legal basis for our company for processing tasks, whereby we obtain consent for a specific processing purpose. Where processing of personal data is necessary for the performance of a contract to which the data subject is party, such as is the case, for example, with processing operations required for the delivery of goods or the provision of some other service or consideration, this processing is based on Article 6(1)(b) GDPR. This also applies to processing operations necessary for steps to be taken prior to entering into a contract, such as in the case of enquiries about our products or services. Where a legal obligation to which our company is subject requires personal data to be processed, such as to fulfil fiscal obligations, for example, this processing is based on Article 6(1)(c) GDPR. In rare cases the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details or other vital information had to be passed to a doctor, hospital or other third party. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This provides the legal basis where processing operations are not covered by any of the above bases and processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to perform such processing operations in particular because they are explicitly mentioned by the European Union. The EU considers in this regard that a legitimate interest could exist if the data subject is a client of the controller (Recital 47 sentence 2 GDPR).

  1. Processing based on legitimate interests pursued by the controller or a third party

Where processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to pursue our business activities to the benefit of all our employees and our shareholders.

  1. Period for which personal data is retained

The criterion for how long personal data is retained is the applicable statutory retention period. The data is routinely deleted once the period has lapsed, providing it is no longer required for performance or initiation of a contract.

  1. Legal or contractual requirements to make personal data available; necessity for conclusion of contract; data subject’s obligation to make personal data available; potential consequences of failure to provide data

We hereby advise you that making personal data available is a legal requirement to some extent (e.g. tax regulations) or may arise due to contractual requirements (e.g. identification of the contractual partner). For conclusion of contract a data subject may sometimes be required to make personal data available to us, which we then have to process. Data subjects are obliged to make personal data available to us, for example, if our company is concluding a contract with them. Failure to make personal data available would mean that the contract could not be concluded with the data subject. Data subjects must contact one of our employees before making personal data available. Our employee will explain to the data subject on a case-by-case basis whether the provision of personal data is legally or contractually stipulated, whether there is an obligation to make personal data available, and what the consequences of failing to make this personal data available would be.

  1. Existence of automated decision-making

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

This Privacy Policy was created by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as the External Data Protection Officer Passau, in cooperation with the data protection lawyer Christian Solmecke.