Data Protection Declaration
We attach great importance to data protection. The collection and processing of your personal data takes place in compliance with the applicable data protection regulations, especially the General Data Protection Regulation (GDPR).
1 Data Controller
The data controller for the collection, processing, and use of your personal data in terms of Art. 4 No. 7 GDPR is:
Partyfruits s.r.o. Branch Vienna, 1230 Vienna, Karl Schwed Gasse 123.
Email: [email protected]
2 General Purposes of Processing
We use personal data for the purpose of operating the website.
3 What Data We Use and Why
The hosting services we use serve the provision of the following services: infrastructure and platform services, computing capacity, storage space, and database services, security services, and technical maintenance services, which we use to operate the website.
In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects, and visitors to this website based on our legitimate interests in an efficient and secure provision of our website in accordance with Art. 6 Para. 1 S. 1 f) GDPR in conjunction with Art. 28 GDPR.
This website uses the e-commerce platform lightspeed.com. The relevant data protection information can be found at:
3.2 Access Data
We collect information about you when you use this website. We automatically record information about your usage behavior and interaction with us and register data about your computer or mobile device. We collect, store, and use data on every access to our website (so-called server log files). The access data includes:
- Name and URL of the retrieved file
- Date and time of access
- Transferred data volume
- Message about successful retrieval (HTTP response code)
- Browser type and version
- Operating system
- Referrer URL (i.e., the previously visited page)
- Websites accessed by the user's system via our website
- Internet service provider of the user
- IP address and the requesting provider
We use this log data without associating it with your person or any other profiling for statistical evaluations for the operation, security, and optimization of our website, as well as for anonymous recording of the number of visitors to our website (traffic), the scope, and type of use of our website and services, and also for billing purposes, to measure the number of clicks received from cooperation partners. This information allows us to provide personalized and location-based content, analyze data traffic, identify and rectify errors, and improve our services.
This also constitutes our legitimate interest in accordance with Art. 6 Para. 1 S. 1 f) GDPR.
We reserve the right to check the log data retrospectively if there is a legitimate suspicion of illegal use based on concrete evidence. We store IP addresses in the log files for a limited period if this is necessary for security purposes or for providing or billing a service, e.g., if you use one of our offers. After the ordering process has been terminated or after payment has been received, we delete the IP address if it is no longer required for security purposes. We also store IP addresses if we have a concrete suspicion of a crime in connection with the use of our website. In addition, as part of your account, we store the date of your last visit (e.g., registration, login, clicking links, etc.).
We use so-called session cookies to optimize our website. A session cookie is a small text file that is sent by the respective servers when visiting a website and is stored temporarily on your hard drive. This file contains a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognized when you return to our website. These cookies are deleted after you close your browser. They serve, for example, so that you can use the shopping cart function across multiple pages.
To a lesser extent, we also use persistent cookies (also small text files stored on your device), which remain on your device and allow us to recognize your browser on your next visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is from 1 month to 10 years. This allows us to present our offer more user-friendly, more effectively, and safer, and to show, for example, information on the page that is tailored to your interests.
Our legitimate interest in using cookies in accordance with Art. 6 Para. 1 S. 1 f) GDPR is to make our website more user-friendly, effective, and secure.
The cookies store the following data and information, among others:
- Log-in information
- Language settings
- Entered search terms
- Information about the number of visits to our website and the use of individual functions of our website.
When the cookie is activated, it is assigned an identification number, and no personal data will be associated with this identification number. Your name, IP address, or similar data that would allow the cookie to be associated with you are not included in the cookie. Based on the cookie technology, we only receive pseudonymized information, for example, which pages of our shop were visited, which products were viewed, etc.
You can set your browser to inform you about the setting of cookies and decide on a case-by-case basis whether to accept them or to exclude the acceptance of cookies in specific cases or in general, or to completely prevent cookies. This may limit the functionality of the website.
3.4 Data for the Fulfillment of Our Contractual Obligations
We process personal data that we need to fulfill our contractual obligations, such as name, address, email address, ordered products, billing and payment information. The collection of this data is necessary for the conclusion of the contract.
For the “Instant Transfer” service, Sofort GmbH does not provide support to the online provider, so there is no data processing relationship according to Art. 28 GDPR. Instead, Sofort GmbH provides the end customer with a payment service directly. When using Instant Transfer, the end customer directly commissions Sofort GmbH to initiate the transfer in his online banking portal. Sofort GmbH directly interfaces with the end customer through the payment mask and thus has a direct relationship with them. The data protection information can be accessed directly at the following link: https://www.sofort.com/payment/wizard/getCmsContent/data_protection/DE/0/de.
The data is deleted after the expiration of warranty periods and statutory retention periods. Data linked to a user account (see below) will remain for the duration of the account's existence.
The legal basis for processing this data is Art. 6 Para. 1 S. 1 b) GDPR, as we need this data to fulfill our contractual obligations to you.
3.5 User Account
You can create a user account on our website. If you wish to do so, we need the personal data requested during login. When logging in later, only your email or username and the password you have chosen are required.
For new registration, we collect master data (e.g., name, address), communication data (e.g., email address), payment data (bank details), and access data (username and password).
To ensure your proper registration and prevent unauthorized logins by third parties, you will receive an activation link by email after registering to activate your account. Only after successful registration do we permanently store the data you provided in our system.
You can have a once-created user account deleted by us at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form to the contact details listed under number 1 (e.g., email, fax, letter) is sufficient for this. We will then delete your stored personal data unless we still need to process it for order processing or due to statutory retention obligations.
The legal basis for processing this data is your consent in accordance with Art. 6 Para. 1 S. 1 a) GDPR.
To sign up for the newsletter, the data requested in the registration process is required. The newsletter registration is logged. After registration, you will receive a message to the specified email address asking you to confirm the registration ("Double Opt-in"). This ensures that no third parties can sign up with your email address.
You can revoke your consent to receive the newsletter at any time and thus unsubscribe from the newsletter.
We store the registration data as long as it is needed for sending the newsletter. We store the log of the registration and the shipping address as long as there was an interest in proving the originally given consent, typically the limitation periods for civil law claims, thus a maximum of three years.
The legal basis for sending the newsletter is your consent according to Art. 6 Para. 1 S. 1 a) in conjunction with Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG. The legal basis for logging the registration is our legitimate interest in proving that the shipment was made with your consent.
You can cancel the registration at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form to the contact details listed under number 1 (e.g., email, fax, letter) is sufficient for this. Of course, you will also find an unsubscribe link in every newsletter.
3.7 Product Recommendations
Regardless of the newsletter, we regularly send you product recommendations by email. This way, we provide you with information about products from our offer that you might be interested in based on your recent purchases of goods or services from us. We strictly follow legal requirements. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form to the contact details listed under number 1 (e.g., email, fax, letter) is sufficient for this. Of course, you will also find an unsubscribe link in every email.
The legal basis for this is the legal permission according to Art. 6 Para. 1 S. 1 f) GDPR in conjunction with § 7 Para. 3 UWG.
3.8 Email Contact
If you contact us (e.g., via a contact form or email), we process your information to handle the request and in case follow-up questions arise.
If the data processing is for pre-contractual measures based on your request, or if you are already our customer, for the execution of the contract, the legal basis for this data processing is Art. 6 Para. 1 S. 1 b) GDPR.
We only process additional personal data if you give consent (Art. 6 Para. 1 S. 1 a) GDPR) or if we have a legitimate interest in processing your data (Art. 6 Para. 1 S. 1 f) GDPR). A legitimate interest, for example, is responding to your email.
4 Google Analytics
We use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and allow an analysis of your use of the website. The information generated by the cookie about the use of this website by visitors is usually sent to a Google server in the USA and stored there.
This also represents our legitimate interest in accordance with Art. 6 Para. 1 S. 1 f) GDPR.
Google has committed to the Privacy Shield agreement concluded between the European Union and the USA and is certified. As a result, Google commits to comply with the standards and regulations of European data protection law. Further information can be found in the linked entry below: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
We have activated IP anonymization on this website (anonymizeIp). As a result, however, your IP address will be truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to us.
The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we point out that in this case, you may not be able to use all the functions of this website to the fullest extent.
In addition, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively, to the browser plugin or within browsers on mobile devices, you can click the following link to set an opt-out cookie that prevents the future collection by Google Analytics within this website (this opt-out cookie only works in this browser and only for this domain. If you delete the cookies in your browser, you must click this link again): [Deactivate Google Analytics].
5 Storage Duration
Unless specifically stated, we store personal data only for as long as is necessary to achieve the purposes pursued.
In some cases, the legislator prescribes the retention of personal data, such as in tax or commercial law. In these cases, the data is only stored by us for these legal purposes and not processed in any other way and deleted after the statutory retention period has expired.
6 Your Rights as a Data Subject
Under applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by email or by post, clearly identifying yourself, to the address mentioned in section 1.
Below is an overview of your rights.
6.1 Right to Confirmation and Information
You have the right to clear information about the processing of your personal data.
You have the right to obtain confirmation from us at any time as to whether personal data concerning you is being processed. If this is the case, you have the right to request from us free information about the personal data stored about you, together with a copy of this data. Furthermore, there is a right to the following information:
- The purposes of 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, especially in third countries or international organizations;
- If possible, the planned duration for which the personal data will be stored, or if this is not possible, the criteria used to determine this duration;
- The existence of a right to rectification or deletion of personal data concerning you or a right to restrict 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 you, any available information about the source of the data;
- The existence of automated decision-making, including profiling according to Art. 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 you.
If personal data is transferred to a third country or an international organization, you have the right to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
6.2 Right to Rectification
You have the right to request from us the rectification and, if necessary, completion of personal data concerning you.
You have the right to request us to immediately correct any inaccurate personal data concerning you. Considering the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary statement.
6.3 Right to Erasure ("Right to be Forgotten")
In several instances, we are obliged to delete personal data concerning you.
According to Art. 17 para. 1 GDPR, you have the right to request that we immediately delete personal data concerning you, and we are obliged to delete personal data immediately if one of the following reasons applies:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- You revoke your consent on which the processing was based according to Art. 6 para. 1 a) GDPR or Art. 9 para. 2 a) GDPR, and there is no other legal ground for processing.
- You object to the processing pursuant to Art. 21 para. 1 GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data was processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under EU law or the law of the member states to which we are subject.
- The personal data was collected concerning the offered services of the information society according to Art. 8 para. 1 GDPR.
If we have made the personal data public and are obliged to delete it according to Art. 17 para. 1 GDPR, we will take appropriate measures, considering available technology and implementation costs, to inform data processors who process the personal data that you have requested the deletion of any links to this personal data or of copies or replications of this personal data.
6.4 Right to Restriction of Processing
In several cases, you are entitled to request that we restrict the processing of your personal data.
You have the right to request that we restrict the processing if one of the following conditions applies:
- You dispute the accuracy of the personal data for a period that allows us to verify the accuracy of the personal data.
- The processing is unlawful, and you refuse to delete the personal data and instead request the restriction of the use of the personal data.
- We no longer need the personal data for processing purposes, but you need the data to assert, exercise or defend legal claims.
- You have objected to processing pursuant to Art. 21 para. 1 GDPR, pending verification whether our company's legitimate reasons outweigh yours.
6.5 Right to Data Portability
You have the right to receive, transmit, or have personal data concerning you transmitted in machine-readable format.
You have the right to receive personal data concerning you that you have provided to us in a structured, common, and machine-readable format, and you have the right to transmit this data to another controller without hindrance from us if
- the processing is based on consent pursuant to Art. 6 para. 1 a) GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1 s. 1 b) GDPR and
- the processing is carried out using automated procedures.
When exercising your right to data portability according to paragraph 1, you have the right to ensure that the personal data is transferred directly from us to another controller, provided this is technically feasible.
6.6 Right to Object
You have the right to object to our legitimate processing of your personal data if this arises from your particular situation and our interests in processing do not prevail.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you that is carried out based on Art. 6 para. 1 s. 1 e) or f) GDPR; this also applies to profiling based on these provisions. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.
If we process personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this applies to profiling to the extent related to such direct marketing.
You have the right, for reasons arising from your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes according to Art. 89 para. 1 GDPR unless the processing is necessary for a task carried out in the public interest.
6.7 Automated Decisions including Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effects on you or similarly significantly affects you.
No automated decision-making based on the collected personal data takes place.
6.8 Right to Withdraw Data Protection Consent
You have the right to withdraw consent to the processing of personal data at any time.
6.9 Right to Complain to a Supervisory Authority
You have the right to complain to a supervisory authority, especially in the member state of your residence, workplace, or place of the alleged infringement, if you believe that the processing of personal data concerning you is unlawful.
7 Data Security
We strive to ensure the security of your data to the fullest extent possible under applicable data protection laws and technical capabilities.
Your personal data is transmitted encrypted with us. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) encoding system, but would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
To protect your data, we maintain technical and organizational security measures in accordance with Art. 32 GDPR, which we constantly adapt to the state of the art.
We also do not guarantee that our offer is available at specific times; disruptions, interruptions, or failures cannot be ruled out. The servers we use are regularly backed up carefully.
8 Transfer of Data to Third Parties, No Data Transfer to Non-EU Countries
In principle, we only use your personal data within our company.
If and to the extent we involve third parties in the fulfillment of contracts (e.g., logistics service providers), they will only receive personal data to the extent that the transmission is necessary for the corresponding service.
In the event that we outsource certain parts of data processing ("order processing"), we contractually obligate processors to use personal data in accordance with the requirements of data protection laws and to ensure the protection of the rights of the affected person.
A transfer of data to entities or persons outside the EU, apart from the cases mentioned in this declaration in Section 3.1 (Hosting) and Section 4 (Google Analytics), does not take place and is not planned.
9 Data Protection Officer
If you have any further questions or concerns about data protection, please contact us: [email protected]