Privacy policy
It is generally possible to use the websites of SGW Simply Great Whisky GmbH without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to SGW Simply Great Whisky GmbH. Through this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects about their rights.
1. Definitions
Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’). A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing
Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or any other form of provision, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling
Profiling is any form of automated processing of personal data consisting of the use of such 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.
Pseudonymisation
Pseudonymisation is 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.
Controller or processor
The controller or processor is the natural or legal person, public authority, agency or 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 such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient
A recipient is a natural or legal person, public authority, agency or another body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
Third party
A third party is a natural or legal person, public authority, agency or another body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
SGW Simply Great Whisky GmbH
Gleimstr. 28
DE 10437 Berlin
Contact person: Caroline Schwarz
Tel. 030-44044101
Email: info@greatwhisky.de
3. Cookies
1. General
The websites of SGW Simply Great Whisky GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser.
By using cookies, SGW Simply Great Whisky GmbH can provide users of this website with more user-friendly services that would not be possible without the use of cookies.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programmes. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
A so-called session cookie is set so that you can order from our online shop. This is a small text file that is automatically deleted from your computer at the end of the browser session. This file is used exclusively to use certain applications, e.g. our shopping basket system.
2. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google 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 this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area.
Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated 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 activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser software; however, please note that if you do this, you may not be able to use the full functionality of this website. 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 this data by downloading and installing the browser plug-in available under the following link: to the browser plug-in.
As an alternative to the browser plugin, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie will be stored on your device. If you delete your cookies, you will need to click the link again.
We would like to point out that on this website, Google Analytics has been extended by the code ‘anonymizeIp’ to ensure anonymous collection of IP addresses (so-called IP masking).
3. Google AdWords
In the event of an order (and only then), a so-called ‘conversion’ (a type of feedback cookie) is logged. If you have accessed our website via ‘Google AdWords’, Google will set a cookie the moment you click on the AdWords link. This is used exclusively for statistical purposes and expires automatically after 30 days. No other evaluation of the data takes place.
4. PayPal
The controller has integrated components from PayPal on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no traditional account number. PayPal enables online payments to be made to third parties or payments to be received. PayPal also acts as a trustee and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject selects ‘PayPal’ as the payment option during the ordering process in our online shop, the data subject's data will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data necessary for payment processing.
The personal data transmitted to PayPal usually includes the first name, last name, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. Personal data related to the respective order is also necessary for the execution of the purchase contract.
The purpose of the transfer of data is to process payments and prevent fraud. The controller will transfer personal data to PayPal in particular if there is a legitimate interest in the transfer. The personal data exchanged between PayPal and the controller may be transferred by PayPal to credit agencies. The purpose of this transfer is to verify identity and creditworthiness.
PayPal may pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil contractual obligations or if the data is to be processed on behalf of PayPal.
The data subject has the option of revoking their consent to the processing of personal data by PayPal at any time. Revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.
The applicable data protection provisions of PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
5. DHL
DHL Paket GmbH is a company of the Deutsche Post DHL Group.
Personal data is transferred to DHL for the purpose of processing the delivery. This includes the full address and other data necessary for the delivery.
Furthermore, DHL's data protection regulations apply.
6. DPD
DPD is a subsidiary of GeoPost S.A.
Personal data is transferred to DPD for the purpose of processing the delivery. This includes the full address and other data necessary for delivery.
Furthermore, DPD's data protection regulations apply.
7. YouTube videos
If YouTube videos are embedded, data may be transferred to Google when these videos are played.
Please refer to Google's data protection regulations to find out what data is transferred.
8. Collection of general data and information
The website of SGW Simply Great Whisky GmbH collects a range 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 stored in the server log files. The following may be recorded (1) 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 file, date and time of access to the website, (5) the amount of data transferred, (6) an Internet Protocol address (IP address), (7) notification of successful retrieval, and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems.
When using this general data and information, SGW Simply Great Whisky GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by SGW Simply Great Whisky Ltd. for statistical purposes and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
9. Collection, processing and use of personal data
You can visit our website without providing any personal information. We only store access data without personal reference, such as the page from which you visit us or the name of the requested file. This data is evaluated exclusively for the purpose of improving our offer and does not allow any conclusions to be drawn about your person.
Personal data is only collected if you voluntarily provide it to us when placing an order or opening a customer account.
We use the data you provide without your separate consent exclusively for the fulfilment and processing of your order.
10. Data transfer
Unless specifically mentioned, we will pass on your data to the shipping company commissioned with the delivery in order to fulfil the contract, insofar as this is necessary for the delivery of the goods ordered. Depending on which payment service provider you select during the ordering process, we will pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to the payment service provider commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves, provided you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the data protection declaration of the respective payment service provider applies.
11. Subscription to our newsletter
On the website of SGW Simply Great Whisky GmbH, users are given the opportunity to subscribe to our company's newsletter. The personal data transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.
SGW Simply Great Whisky GmbH informs its customers and business partners about the company's offers at regular intervals by means of a newsletter. The data subject can only receive our company's newsletter if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter.
The personal data collected as part of the newsletter registration process will be used exclusively for the purpose of sending our newsletter. Furthermore, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or for registration, as may be the case in the event of changes to the newsletter offer or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can cancel their subscription to our newsletter at any time. The consent to the storage of personal data that the data subject has given us for the purpose of sending the newsletter can be revoked at any time.
For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify that the owner of the email address has authorised the receipt of the newsletter as the data subject.
For the purpose of revoking consent, a corresponding link can be found in every newsletter.
1. Newsletter tracking
The newsletters of SGW Simply Great Whisky GmbH may contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded tracking pixel, SGW Simply Great Whisky GmbH can recognise whether and when an email has been opened by a data subject and which links in the email have been accessed by the data subject.
12. Contact options via the website
Due to legal requirements, the website of SGW Simply Great Whisky GmbH contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
13. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Authority or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
14. Rights of the data subject
1. Right to confirmation
Every data subject has the right granted by the European Directive and Regulation to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
2. Right to information
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
§ the purposes of the processing
§ the categories of personal data being processed
§ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
§ if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
§ the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
§ the existence of a right to lodge a complaint with a supervisory authority
§ if the personal data is not 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) of the 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
Furthermore, the data subject has the right to obtain information on whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
3. Right to rectification
Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.
4. Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to request that the controller erase personal data concerning them without undue delay, provided that one of the following reasons applies and insofar as the processing is not necessary:
§ The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
§ The data subject withdraws their consent on which the processing was based in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
§ The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
§ The personal data has been unlawfully processed.
§ The erasure of the personal data is necessary 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) of the GDPR.
If the personal data has been made public by SGW Simply Great Whisky GmbH and our company is obliged to erase the personal data as the controller pursuant to Art. 17 (1) GDPR, SGW Simply Great Whisky GmbH shall take reasonable measures, taking into account the available technology and implementation costs, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data, unless the processing is necessary.
5. Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions is met:
§ 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, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
§ The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise or defend legal claims.
§ The data subject has objected to the processing pursuant to Art. 21(1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh 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 SGW Simply Great Whisky GmbH, they may contact an employee of the controller at any time. The employee of SGW Simply Great Whisky GmbH will arrange for the restriction of processing.
6. Right to data portability
Every data subject affected by the processing of personal data has the right, granted by the European legislator, 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 whom the personal data was provided, provided that 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 using automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
7. Right to object
Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, SGW Simply Great Whisky GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If SGW Simply Great Whisky GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to SGW Simply Great Whisky Ltd. processing their personal data for direct marketing purposes, SGW Simply Great Whisky Ltd. will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by SGW Simply Great Whisky GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of SGW Simply Great Whisky GmbH or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Automated decision-making in individual cases, including profiling
Every person affected by the processing of personal data has the right granted by the European legislator 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 (1) is not necessary for the conclusion or performance of a contract between the data subject and the 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.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the explicit consent of the data subject, SGW Simply Great Whisky GmbH shall implement appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which shall include at least the right to obtain human intervention on the part of the controller, to express one's own point of view and to contest the decision.
9. Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.
You may have expressly given the following consents during the ordering process. We would like to point out that you can revoke your consent at any time with effect for the future.
15. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were to be injured and their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).
16. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.
17. Duration for which personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of a contract.
18. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded.
19. SSL
Your personal data is encrypted using SSL and transmitted via the Internet.
20. Hosting services provided by a third party
As part of processing on our behalf, a third-party provider provides us with services for hosting and displaying the website. This serves to safeguard our legitimate interests in the correct presentation of our offer, which prevail in the context of a balancing of interests. All data collected in the context of using this website or in the forms provided for this purpose in the online shop, as described below, is processed on its servers. Processing on other servers only takes place within the scope explained here.
This service provider is based within a country of the European Union or the European Economic Area.
21. Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.
