Data protection

Privacy Policy

 

Data controller is:

Bernd Loitz

Bundestrasse 94

6923 Lauterach

Austria

info@helmexpress.com

Thank you for visiting our online shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.

 

1. Access data and hosting

You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request.

These access data are analysed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to Art. 6 (1) 1 lit. f) GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website.

 

2. Data collection and use for processing the contract, making contact and for opening a customer account

We collect personal data that you voluntarily submit to us when you place an order or contact us (e.g. via contact form or by email). Mandatory fields are marked as such because we absolutely need those data to perform the contract or process your contact request and you would otherwise not be able to complete your order or send the contact request. It is evident in each input form what data are collected. We use the data that you disclose to us  to perform the contract and process your enquiries according to Art. 6 (1) 1 lit. b) GDPR. 
As far as you have given your consent according to Art. 6 (1) 1 lit. a) GDPR by creating Your customer account, we use Your data for the purpose of opening the customer account. 


Upon completion of the contract or deletion of your customer account, any further processing of your data will be restricted, and your data will be deleted upon expiry of the retention period applicable under relevant regulations, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by law, of which we inform you in this notice. Your customer account can be deleted at any time. For this purpose you can either send a message to the contact option specified below or use the relevant function available in the customer account.

 

3. Transfer of data

We disclose your data to the shipping company in the scope required for the delivery of the ordered goods according to Art. 6 (1) 1 lit. b) GDPR. Depending on the payment service provider you have selected during the ordering process, we disclose the payment details collected for order processing purposes to the bank commissioned to handle the payment and, as the case may be, to the payment service provider commissioned by us or to the selected payment service. Some of those data are collected by the selected payment service providers themselves if you open an account with them. In such a case, during the ordering process, you must register with your payment service provider using your access data. In this respect, the privacy notice of the relevant payment service provider applies.

Disclosure of data to a shipping provider

If, when or after placing your order, you have given your express consent to us doing so, we disclose your phone number to the selected shipping provider based on that consent according to Art. 6 (1) 1 lit. a) GDPR, in order to enable the shipping provider to contact you to advise you of the delivery or agree with you the delivery details.

You may revoke your consent at any time by sending a message to the contact option described below or by directly notifying the shipping provider at the contact address specified below. After you revoke your consent, we will delete the data disclosed for this purpose, unless you expressly consent to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.

DHL, Östereichische Post

 

4. Email newsletter

E-mail advertising if you subscribe to the newsletter

If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent according to Art. 6 (1) 1 lit. a) GDPR, using the data required or disclosed by you separately for this purpose..

You may unsubscribe from the newsletter service at any time. For this purpose you can either send a message to the contact option specified below or use the opt-out link in the newsletter. Upon unsubscription, we will delete your email address unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.

E-mail advertising if you do not subscribe to the newsletter and your right to opt out

If we receive your e-mail address in connection with the sale of a product or service and you have not opted out and you are not a consumer who has his habitual residence in Poland, we reserve the right to regularly email you offers for products from our product range that are similar to those you have already purchased. This serves the protection of our legitimate interests in promoting and advertising our products to customers that are overriding in the process of balancing of interests.

You can opt out of this use of your email address at any time by sending a message to the contact option specified below or by using the opt-out link in the advertising email, without incurring any costs beyond the cost of transfer calculated at the base rates.

The newsletter is sent to you by our service provider who processes data on our behalf and to whom we disclose your email address.

This service provider is based  in an EU or EEA member state.

 

5. Use of data for payment processing

Identity and credit assessment in the case of selecting Klarna's payment services

If you select the payment services offered by Klarna, we will ask you to provide your consent  according to Art. 6 (1) 1 lit. a) GDPR in order to transfer to Klarna the data required for the processing of the payment and for identity and credit assessment. In Germany, the identity and credit assessment may be carried out by credit reference agencies listed in Klarna's privacy policy.

Klarna uses the information it obtains about the statistical probability of default  for making a well-balanced decision about the establishment, performance or termination of the contractual relationship.

You may revoke your consent at any time by sending a message using the contact data below. The consequence may be that we will no longer be able to offer you certain payment options. You may revoke your consent to such use of your personal data also by notifying Klarna thereof at any time.

 

6. Integration of the Trusted Shops Trustbadge

The Trusted Shops Trustbadge is integrated on this website to display our Trusted Shops Trustmark as well as to offer Trusted Shops products to buyers after an order.

This is necessary to safeguard our legitimate prevailing interests in an optimal marketing by ensuring the safety of your purchase according to Article 6 (1) f GDPR. The Trustbadge and the services advertised with it are an offer of the Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne, Germany. The Trustbadge is made available by a CDN provider (Content-Delivery-Network) as part of order processing. The Trusted Shops GmbH uses also service provider from the USA. An adequate level of data protection is guaranteed. Further information to the data security of the Trusted Shops GmbH can be found here.

When the Trustbadge is called up, the web server automatically saves a server log file which contains, for example, your IP address, the date and time of the call, the amount of data transferred and the requesting provider (access data) and documents the call. Individual access data are stored in a security database for the analysis of security problems. The log files are automatically deleted 90 days after creation at the latest.

Further personal data will be transferred to Trusted Shops GmbH if you decide to use Trusted Shops products after completing an order or have already registered for use. The contractual agreement made between you and Trusted Shops applies. For this purpose personal data is automatically collected from the order data. Whether or not you are already registered as a Trusted Shops customer is automatically checked by means of a neutral parameter, the e-mail address hashed by cryptological one-way function. The e-mail address is converted to this hash value, which cannot be decrypted by Trusted Shops before it is transmitted. After checking for a match, the parameter is deleted automatically.

This is necessary for the fulfillment of our and Trusted Shops' legitimate prevailing interests in the provision of the buyer protection linked to the specific order and the transactional review services in accordance with Art. 6 para. 1 s. 1 lit. f GDPR. Further details, including your right to object, can be found in the Trusted Shops Privacy Policy linked above and within the Trustbadge. 

7. Cookies and web-analysis

To improve the user experience on our website and enable you to use its certain features in order to show suitable products or conduct market research, some pages of this website use the so-called cookies. This serves the protection of our legitimate interests in the optimised presentation of our offer according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests. A cookie is a small text file which is stored automatically on your end device. Some of the cookies we use are deleted after you close the browser session, i.e. when you close the browser (that’s the so-called session cookies). Other cookies are stored in your end-user device and enable us to recognise your browser when you visit us again (persistent cookies). To check the cookie storage period, you can use the Overview function in the cookie settings of your web browser. You can configure your browser for it to inform you whenever a page uses cookies and decide on a case-by-case basis whether to accept or reject the cookies on a given website or generally. Every browser has a different policy for managing the cookie settings. The browser’s policy is described in the Help menu of every browser and explains how you can change your cookie settings. To find out how to change the settings in your browser, see the links below:

 

Internet Explorer™: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies   

Safari™: https://support.apple.com/kb/PH21411?locale=de_DE&viewlocale=en_US

Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Opera™: http://help.opera.com/Windows/10.20/en/cookies.html

Please note that disabling cookies may limit your access to some features of our website.

 

Using of Google (Universal) Analytics for web analytics

For the purpose of website analytics, this website uses Google (Universal) Analytics, a web analytics service provided by Google. Google Analytics is an offer from Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.co.uk). This serves the protection of our legitimate interests in the optimised presentation of our offer according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests.  Google (Universal) Analytics uses methods, like e.g. cookies, that enable an analysis of your use of the website. The information collected automatically by cookies about your use of this website are as a rule transmitted to and stored on a Google server in the United States. At the same time, as IP anonymisation is enabled on this website, the IP address will be shortened before being transmitted within the area of member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be sent to a Google server in the USA and shortened there. Generally, Google does not associate the anonymised IP address, transmitted from your browser through Google Analytics, with any other data held by Google.

Where information is transmitted to and stored by Google on servers located in the United States, the U.S. company Google LLC is certified under the EU-US Privacy Shield. You will see the up-to-date certificate here. Based on this agreement between the USA and the European Commission, the latter has recognised entities certified to the Privacy Shield as those ensuring an adequate level of data protection.  

You may prevent the data generated by cookies and related to your use of the website (incl. your IP address) from being recorded and processed by Google by downloading and installing the browser plugin available through this link.

Alternatively to the browser plugin, you may click this link, to prevent Google Analytics from recording your data on this website in the future. In this process, an opt-out cookie will be stored on your end-user device. If you clear your cookies, you will have to click the link again.

 

8. Online Marketing

Google Ads remarketing
We use Google Ads to advertise our website in Google search results and on third-party websites. As far as you have given your consent according to Art. 6 (1) 1 lit. a) GDPR for every visit of the website the so-called remarketing cookie of Google is set by Google, which allows the automatic displaying of interest-based advertising using a pseudonymous cookie ID and information about your website visits. After the purpose of use has ceased to exist and the use of Ads Remarketing has ended from our side, the data collected in this context will be deleted.  

Any data processing that goes beyond that scope takes place only if you have allowed Google to associate your web and app browsing history with your Google account and to use information from your Google account to personalise ads that you see across the web. If, in such a case, you visit our website while being signed in to Google, Google will use your data together with Google Analytics data to build and define audience lists for cross-device remarketing. For this purpose, Google will temporarily join  your data with Google Analytics data to build audiences.

Google Ads is an offer from Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.co.uk). Where information is transmitted to and stored by Google on servers located in the United States, the U.S. company Google LLC is certified under the EU-US Privacy Shield. You will see the up-to-date certificate here. Based on this agreement between the USA and the European Commission, the latter has recognised entities certified to the Privacy Shield as those ensuring an adequate level of data protection.

You can revoke your consent at any time with future effect by clickng the remarketing cookie via this link. In addition, you can obtain information about the setting of cookies from the Digital Advertising Alliance and accordingly adapt the settings of your browser.

BingAds Remarketing
Through BingAds we advertise this website in the Bing, Yahoo and MSN search results as well as on third party websites. For this purpose a cookie is automatically set when you visit our website, which automatically makes interest-based advertising possible by means of a pseudonymous cookie ID and on the basis of the pages you have visited. This serves to protect our predominantly legitimate interests in an optimal marketing of our website in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR. he data collected in this context will be deleted after we have ceased to use BingAds Remarketing for the intended purpose and at the end of its use.

BingAds is an offer from Microsoft Corporation. Microsoft Corporation is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. As a result of this agreement between the US and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.

You can disable the remarketing cookie via this link. In addition, you can contact the Digital Advertising Alliance to learn about the use of cookies and to configure your settings.

AdRoll Retargeting

We use the services of AdRoll Advertising Limited, Level 6, 1, Burlington Plaza, Burlington Road, Dublin 4, Ireland to advertise this website in search results and on third-party websites. For this purpose, when you visit our website, this service providers' or their partners' cookie is automatically set on your browser, which allows the displaying of interest-based advertising using the pseudonymous cookie ID and information about your website visits. This serves the protection of our legitimate interests in the optimal marketing of our website according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests.

 

You may disable the retargeting cookie by using any of the links below: https://app.adroll.com/optout/safari   

Alternatively, you may disable third-party cookies; for this purpose go to the opt-out page of the network advertising initiative.

 

Live Chat Tool Userlike

If you use the live chat tool to contact us, the data you voluntarily enter there (name, e-mail address, message) will be processed by us in accordance with Art. 6 para. (1) 1 lit. b GDPR for the purpose of answering the enquiry within the framework of contract processing. In addition, the use of this tool serves to safeguard our legitimate interests in effective and improved customer communication in accordance with Art. 6 para. (1) 1 lit. f GDPR. The data is then deleted.

Within the scope of processing on our behalf, the third party provider Userlike provides us with the services for the provision of the live chat tool. All data collected in the course of using the chat tool is processed on its server

 

Google reCAPTCHA

To protect against misuse of our web forms and spam, we use the Google reCAPTCHA service. Google reCAPTCHA is an offer from Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.co.uk). By checking a manual entry, this service prevents automated software (so-called bots) from carrying out abusive activities on the website. In accordance with art. 6 (1) 1 lit. f) GDPR, this serves to protect our legitimate interests in the protection of our website from misuse as well as in a trouble-free presentation of our online presence that are overriding in the balancing of interests.

Google reCAPTCHA uses a code integrated into the website, a so-called JavaScript, as part of the verification methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website including your IP address is usually transmitted to a Google server in the USA and stored there. In addition, other cookies stored by Google services in your browser are evaluated by Google reCAPTCHA. 
No personal data is read out or saved from the input fields of the respective form. 

Where information is transmitted to and stored by Google on servers located in the United States, the U.S. company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. As a result of this agreement between the US and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.

You can prevent Google from collecting the data generated by the JavaScript or the cookie and relating to your use of the website (including your IP address) and from processing this data by preventing the execution of JavaScripten or the setting of cookies in your browser settings. Please note that this may limit the functionality of our website for your use. Further information about data processing by Google can be found in Google's privacy policy.

Google Fonts
This website contains the script code "Google Fonts". Google Fonts is an offer from Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.co.uk).  This serves to protect our legitimate interests in a uniform presentation of the contents on our website in accordance with Art. 6 (1) 1 lit. f) GDPR. 
This will establish a connection between the browser you are using and Google's servers. This gives Google knowledge that our website has been accessed via your IP address. 
Where information is transmitted to and stored by Google on servers located in the United States, the U.S. company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. As a result of this agreement between the US and the European Commission, the latter has established an adequate level of data protection for companies certified under the Privacy Shield.  
Further information about data processing by Google can be found in Google's privacy policy.

9. Social media

Using of social network plugins of Facebook, Instagram

Our website uses  so-called social network plugins (“plugins”).

If you call a page of our website that contains such a plugin, your browser will establish a direct link to the servers of Facebook, Google, Twitter or Instagram. Then, the content of the plugin will be transferred by the relevant provider directly to your browser and integrated within the page you are viewing. This allows the providers to obtain information that you viewed the page of our website in your browser, also if you do not have an account with the relevant provider or are currently not signed in. This information (including your IP address) will be sent from your browser directly to the relevant provider’s server (which may be in the USA) and stored there. If you have signed in to your social network account, the providers will be able to directly attribute your visit to our website to your social network account. If you interact with the plugins, e.g. click the 'Like' or 'Share' button, this information will be also sent directly to the provider’s server and stored there. In addition, the information will be published on the social network page and your contacts will be able to see it. This serves the protection of our legitimate interests in the optimal marketing of our website according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests.

YouTube video plugins
We have embedded third-party content on our website. This content is made available by Google ("Provider"). Google reCAPTCHA is an offer from Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.co.uk). In respect of YouTube videos which are embedded in our website, we have enabled the privacy enhanced mode. This means that YouTube does not collect or store information about visitors unless they play the video. Embedding the video serves the protection of our legitimate interests in the optimal marketing of our website according to Art. 6 (1) 1 lit. f) GDPR that are overriding in the process of balancing of interests.

To find out more about the purpose and scope of collection, further processing and use of the data by the Providers, and to learn about your rights in this respect and how you can customise your browser to better protect your privacy, please see the data privacy policies of Google.

To find out more about the purpose and scope of collection, further processing and use of the data by the providers on their websites, and to learn about  the available contact options and your rights in this respect and how you can customise your browser to better protect your privacy, please see the data privacy policies of the providers :

https://en-gb.facebook.com/policy.php 

https://help.instagram.com/155833707900388

https://policies.google.com/privacy

If you do not want the social networks to attribute the data collected through our website directly to your social network account, you must sign out of the relevant account before visiting our website. You may also use add-ons for your browser, e.g. the "NoScript" script blocker, to stop plugins.

Our online presence on Facebook, Youtube, Instagram

Our presence on social networks and platforms serves a better, active communication with our customers and interested parties. We inform there about our products and current special offers.
When you visit our websiteson social media, your data may be automatically collected and stored for market research and advertising purposes. So-called usage profiles are created from these data using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. For this purpose, cookies are usually used on your terminal. The visitor behaviour and the interests of the users are stored in these cookies. This serves in accordance with Art. 6 (1) 1 lit. f) GDPR to protect our legitimate interest in an optimised presentation of our offer and effective communication with customers and interested parties that are overriding in the balancing of interests. If you are asked by the respective social media platform operators for a consent into the data processing, e.g. with the help of a checkbox, the legal basis of data processing is Art. 6 (1) 1 lit. a) GDPR. 
If the aforementioned social media platforms are headquartered in the USA, the following applies: The European Commission has adopted a decision on appropriateness for the USA. This goes back to the EU-US Privacy Shield. A current certificate for the respective company can be viewed here.
For detailed information on the processing and use of the data by the providers on their pages as well as a contact option and your rights and setting options for the protection of your privacy, in particular opt-out options, please refer to the providers' data protection information linked below. If you still need help, you can contact us.

Facebook: https://www.facebook.com/about/privacy/

Data processing is carried out based on an agreement between jointly responsible parties pursuant to Art. 26 GDPR, which you can view here
You can find further information on data processing when visiting a Facebook fan page (information on Insights data) here.

Google/ YouTube: https://policies.google.com/privacy

Instagram: https://help.instagram.com/519522125107875 

 

Possibility to object (opt-out) :

Facebook: https://www.facebook.com/settings?tab=ads

Google/ YouTube: https://adssettings.google.com/authenticated

Instagram: http://instagram.com/about/legal/privacy/ 

 

10. Sending rating reminders by email

Rating reminder by Trusted Shops

If, when or after placing your order, you have given us your express consent to doing so according to Art. 6 (1) 1 lit. a) GDPR, we will disclose your e-mail address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne, Germany (www.trustedshops.com), so that they can email you a rating reminder.

You may revoke your consent at any time by sending a message to the contact option specified below or directly to Trusted Shops.

 

11. Contact possibilites and your rights

Being the data subject, you have the following rights according to:

• art. 15 GDPR, the right to obtain information about your personal data which we process, within the scope described therein;

•art. 16 GDPR, the right to immediately demand rectification of incorrect or completion of your personal data stored by us;

• art. 17 GDPR, the right to request erasure of your personal data stored with us, unless further processing is required

- to exercise the right of freedom of expression and information;

- for compliance with a legal obligation;

- for reasons of public interest or

- for establishing, exercising or defending legal claims;

•  art. 18 GDPR, the right to request restriction of processing of your personal data, insofar as

- the accuracy of the data is contested by you;

- the processing is unlawful, but you refuse their erasure;

- we no longer need the data, but you need it to establish, exercise or defend legal claims, or

- you have lodged an objection to the processing in accordance with art. 21 GDPR;

• art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller;

• art. 77 GDPR, the right to complain to a supervisory authority . As a rule, you can contact the supervisory authority at your habitual place of residence or workplace or at our company headquarters.

If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, restrict or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact us directly using the contact data provided in our site notice.

 

Right to object

If we process personal data as described above to protect our legitimate interests that are overriding in the process of balancing of interests, you may object to such data processing with future effect. If your data are processed for direct marketing purposes, you may exercise this right at any time as described above. If your data are processed for other purposes, you have the right to object only on grounds relating to your particular situation.

After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes.