Privacy policy

1. data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the operator's contact details in the legal notice of this website.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.

What rights do you have with regard to your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time at the address given in the legal notice if you have further questions on the subject of data protection.

Analysis tools and tools from third-party providers

When you visit this website, your surfing behavior may be statistically evaluated. This is mainly done with so-called analysis programs.

Detailed information on these analysis programs can be found in the following privacy policy.

2. hosting and content delivery networks (CDN)

External hosting

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster's servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our hoster will only process your data to the extent necessary to fulfill its performance obligations and follow our instructions with regard to this data.

Conclusion of a contract for order processing

In order to guarantee data protection-compliant processing, we have concluded an order processing contract with our hoster.

3 General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Note on the responsible body

The controller responsible for data processing on this website is:

noil venture GmbH
Innstraße 1a
83022 Rosenheim

Phone: +49 8031 2355242
E-mail: info@pergolese.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).

Note on data transfer to the USA

Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are obliged to disclose personal data to security authorities without you as the data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) may process, evaluate and permanently store your data on US servers for surveillance purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED 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 (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted payment transactions on this website

If there is an obligation to provide us with your payment data (e.g. account number for direct debit authorization) after the conclusion of a fee-based contract, this data is required for payment processing.

Payment transactions via the usual means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

With encrypted communication, the payment data you transmit to us cannot be read by third parties.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data. You can contact us at any time at the address given in the legal notice if you have further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. To do so, you can contact us at any time at the address given in the legal notice. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we generally need time to check this. You have the right to request the restriction of the processing of your personal data for the duration of the review.
• If the processing of your personal data was/is carried out unlawfully, you can request the restriction of data processing instead of erasure.
• If we no longer need your personal data, but you need it for the exercise, defense or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

4. data collection on this website

Cookies

Our Internet pages use so-called "cookies". Cookies are small text files and do not cause any damage to your end device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your device when you visit our website (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.

Cookies that are required to carry out the electronic communication process (necessary cookies) or to provide certain functions that you have requested (functional cookies, e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies has been requested, the cookies in question are stored exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in this privacy policy and, if necessary, request your consent.

Cookie consent with Borlabs Cookie

Our website uses Borlabs Cookie's cookie consent technology to obtain your consent to the storage of certain cookies in your browser and to document this in compliance with data protection regulations. The provider of this technology is Borlabs - Benjamin A. Bornschein, Georg-Wilhelm-Str. 17, 21107 Hamburg, Germany (hereinafter referred to as Borlabs).

When you enter our website, a Borlabs cookie is stored in your browser, in which the consents you have given or the revocation of these consents are stored. This data is not passed on to the provider of Borlabs Cookie.

The data collected will be stored until you ask us to delete it or delete the Borlabs cookie yourself or until the purpose for storing the data no longer applies. Mandatory statutory retention periods remain unaffected. Details on data processing by Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/

Borlabs cookie consent technology is used to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 sentence 1 lit. c GDPR.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are

• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

This data is not merged with other data sources.

This data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website - the server log files must be recorded for this purpose.

Contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions - in particular retention periods - remain unaffected.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, we will store and process your inquiry, including all personal data (name, inquiry), for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested.

The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

Registration on this website

You can register on this website in order to use additional functions on the site. We will only use the data you enter for the purpose of using the respective offer or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise we will refuse your registration.

In the event of important changes, for example to the scope of the offer or technically necessary changes, we will use the e-mail address provided during registration to inform you in this way.

The data entered during registration is processed for the purpose of implementing the user relationship established by the registration and, if necessary, for the initiation of further contracts (Art. 6 para. 1 lit. b GDPR).

The data collected during registration will be stored by us for as long as you are registered on this website and will then be deleted. Statutory retention periods remain unaffected.

Comment function on this website

For the comment function on this page, in addition to your comment, information about the time the comment was created and, if you are not posting anonymously, the user name you have chosen will be saved.

Storage duration of the comments

The comments and the associated data (e.g. IP address) are stored and remain on this website until the commented content has been completely deleted or the comments must be deleted for legal reasons (e.g. offensive comments).

Legal basis

The comments are stored on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent at any time. All you need to do is send us an informal email. The legality of the data processing operations already carried out remains unaffected by the revocation.

5. analysis tools and advertising

Google Analytics

IP anonymization

We have activated the IP anonymization function on this website. This means that your IP address will be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing 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.

Browser plugin

You can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

You can find more information on how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order processing

We have concluded an order processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic characteristics in Google Analytics

This website uses the "demographic characteristics" function of Google Analytics to display suitable advertisements to website visitors within the Google advertising network. This allows reports to be generated that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section "Objection to data collection".

Storage duration

Data stored by Google at user and event level that is linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) is anonymized or deleted after 26 months. For details, please see the following link: https://support.google.com/analytics/answer/7667196?hl=de

Google Ads

The website operator uses Google Ads. Google Ads is an online advertising program of Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be displayed based on the user data available at Google (e.g. location data and interests) (target group targeting). As the website operator, we can evaluate this data quantitatively by analyzing, for example, which search terms led to the display of our advertisements and how many advertisements led to corresponding clicks.

The use of Google Ads is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in marketing its products and services as effectively as possible.

Google Conversion Tracking

This website uses Google Conversion Tracking. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

With the help of Google conversion tracking, Google and we can recognize whether the user has performed certain actions. For example, we can evaluate which buttons on our website were clicked how often and which products were viewed or purchased particularly frequently. This information is used to create conversion statistics. We find out the total number of users who have clicked on our ads and what actions they have taken. We do not receive any information with which we can personally identify the user. Google itself uses cookies or comparable recognition technologies for identification purposes.

The use of Google Conversion Tracking is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user behavior in order to optimize both its website and its advertising. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.

You can find more information about Google Conversion Tracking in Google's privacy policy: https://policies.google.com/privacy?hl=de.

Facebook Pixel

This website uses Facebook's visitor action pixel to measure conversions. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.

This allows the behavior of site visitors to be tracked after they have been redirected to the provider's website by clicking on a Facebook ad. This allows the effectiveness of Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.

The data collected is anonymous for us as the operator of this website; we cannot draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook Data Usage Policy. This allows Facebook to place advertisements on Facebook pages and outside of Facebook. This use of the data cannot be influenced by us as the site operator.

The use of Facebook Pixel is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in effective advertising measures including social media. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

You can find further information on protecting your privacy in Facebook's privacy policy: https://de-de.facebook.com/about/privacy/.

You can also deactivate the remarketing function "Custom Audiences" in the settings for advertisements at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged in to Facebook to do this.

If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

6. plugins and tools

YouTube with enhanced data protection

This website integrates videos from YouTube. The operator of the pages is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the transfer of data to YouTube partners is not necessarily excluded by the extended data protection mode. For example, YouTube establishes a connection to the Google DoubleClick network regardless of whether you watch a video.

As soon as you start a YouTube video on this website, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

Furthermore, YouTube may store various cookies on your end device after starting a video or use comparable recognition technologies (e.g. device fingerprinting). In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to record video statistics, improve user-friendliness and prevent fraud attempts.

After the start of a YouTube video, further data processing operations may be triggered over which we have no influence.

The use of YouTube is in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.

You can find more information about data protection at YouTube in their privacy policy at: https://policies.google.com/privacy?hl=de.

7. eCommerce and payment providers

Processing of data (customer and contract data)

We collect, process and use personal data only insofar as it is necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the fulfillment of a contract or pre-contractual measures. We collect, process and use personal data about the use of this website (usage data) only insofar as this is necessary to enable or charge the user for the use of the service.

The customer data collected will be deleted after completion of the order or termination of the business relationship. Statutory retention periods remain unaffected.

Data transmission upon conclusion of contract for online stores, retailers and shipping of goods

We only transfer personal data to third parties if this is necessary in the context of contract processing, for example to the companies entrusted with the delivery of the goods or the credit institution commissioned with payment processing. Any further transmission of data will not take place or will only take place if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for data processing is Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

Stripe

On this website we offer, among other things, payment with the services of Stripe. The provider for customers within the EU is Stripe Payments Europe, Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

When paying via Stripe, your payment data will be forwarded to Stripe via an interface on our site in order to process the payment. You can find details on this in Stripe's privacy policy at the following link: https://stripe.com/de/privacy.

Your data is transmitted to Stripe on the basis of Art. 6 para. 1 lit. b GDPR (contract processing) and on the basis of our legitimate interest in the use of reliable and secure payment processes (Art. 6 para. 1 lit. f GDPR).

PayPal

On this website we offer, among other things, payment via PayPal. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal").

If you select payment via PayPal, the payment data you enter will be transmitted to PayPal.

The transmission of your data to PayPal is based on Art. 6 para. 1 lit. a GDPR (consent) and Art. 6 para. 1 lit. b GDPR (processing for the performance of a contract). You have the option of withdrawing your consent to data processing at any time. A revocation does not affect the effectiveness of data processing operations in the past.

Instant bank transfer

On this website we offer, among other things, payment via "Sofortüberweisung". The provider of this payment service is Sofort GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "Sofort GmbH").

With the help of the "Sofortüberweisung" procedure, we receive a payment confirmation from Sofort GmbH in real time and can immediately begin to fulfill our obligations.

If you have opted for the "Sofortüberweisung" payment method, you transmit the PIN and a valid TAN to Sofort GmbH, with which it can log into your online banking account. After logging in, Sofort GmbH automatically checks your account balance and carries out the transfer to us using the TAN you have transmitted. It then immediately sends us a transaction confirmation. After logging in, your turnover, the credit limit of the overdraft facility and the existence of other accounts and their balances are also checked automatically.

In addition to the PIN and the TAN, the payment data entered by you and your personal data will also be transmitted to Sofort GmbH. Your personal data includes your first and last name, address, telephone number(s), email address, IP address and any other data required for payment processing. The transmission of this data is necessary to establish your identity beyond doubt and to prevent attempts at fraud.

The transmission of your data to Sofort GmbH is based on Art. 6 para. 1 lit. a GDPR (consent) and Art. 6 para. 1 lit. b GDPR (processing for the performance of a contract). You have the option of withdrawing your consent to data processing at any time. A revocation does not affect the effectiveness of data processing operations in the past.

For details on payment by instant bank transfer, please see the following links: https://www.sofort.de/datenschutz.html and https://www.klarna.com/sofort/.