In its data protection regulation DSGVO, the European Union has created an extensive body of legislation that affects and burdens virtually all forms of companies in the EU. Even the tax offices, customs authorities and the local pigeon fancier association must, in accordance with the DSGVO, provide comprehensive reports on their data protection and inform consumers/customers accordingly. As a result, each of us has already received hundreds of such declarations and nobody reads them any more - except for the parasites who enrich themselves as free riders on this, initially well-intentioned consumer protection regulation.
Apart from the fact that many sectors of the economy have to ensure special precautions in the sense of the Money Laundering Act (GwG), the Fee Duty Regulation or clear traceability under customs law, we also have to comply with the Foodstuffs Commodities Regulation, the Animal Feed Act and, in individual cases, the Trademark Protection Act, to store the data of customers and recipients of our goods in officially accessible areas. In our opinion, the "prerequisite for the granting of a customs authorisation" in the cross-border movement of goods and merchandise alone puts the protection of personal data in a questionable light, as we have to name the employees responsible for a number of sensitive, internal work processes. This becomes more understandable, however, if one considers that a 12-litre decorative vase in the form of a coffee mug is classified under customs law as a drinking cup for table and board.
Also, the topic of guaranteed availability seems to be almost inseparably connected with porcelain and in many places, periods of time are demanded that are far above the DSGVO. So how are we supposed to give a 10-year or more after-sale guarantee if we no longer know what for? How should the goods get to the customer, if not through "an external third party" transport company? The simple pallet note alone would require a complete overhaul if it were to be processed in accordance with DSGVO, and the small parcel delivered to the neighbour turns out to be a real DSGVO disaster.
While the intelligence services are vying for the most extensive data storage possible, most of our society is plagued by a regulation that is already ad absurdum at the political level by parliamentary resolution, because the trade in highly sensitive bank data as the most exemplary violation of the DSGVO is legally permissible. Personalised advertising is good after all and often helps to make our lives more comfortable or to spend less on a product. When we order a television, laptop or mobile phone from an online shop, it is great if we are made aware of a new accessory a year later that improves the performance of the device. If we know that your business is breaking 250 cups a month, it would be in your best interest if we could inform you about a suitable special offer.
For more than 20 years we have been conducting drop shipments on behalf of our dealers and resellers to their end customers. We have never (!) made use of this "address treasure". At Holst Porzellan you were in good and serious hands before, during and after the DSGVO, because our customers are important to us. That is why we at Holst Porzellan start our data protection declaration with a simple, understandable promise:
We don't mess around with your data and do our best to ensure that your data is safe with us.
Data protection is a matter of trust and we want to give you the certainty that your data is in good hands with us. The protection and legally compliant collection, processing and use of your data is an important concern for us, so that your privacy and personal sphere is protected. Since 25.05.2018 ﬁndet the DSGVO direct application. This is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (Basic Data Protection Regulation), (OJ No. L 1198. 1, ber. No. L314S. 72). In order that you feel safe when visiting our online shop - and in every respect as a customer of Holst Porzellan - we strictly observe the legal provisions of the Federal Data Protection Act and the Telemedia Act.
With this information (data protection declaration) we would therefore like to give you an overview of how Holst Porzellan guarantees the protection of your data, what kind of data is collected for what purpose and how it is used.
Use of our website as an information portal
The use of the website is basically possible for all visitors without having to register as a user. No software or hardware techniques are used to collect the e-mail address or other personal data without the consent or knowledge of the user. Some of our pages are only accessible to certain customer or user groups. These closed areas are only accessible to authorized trading partners, whose data collection is explained in the section Trading Partners. All other Internet pages created by Holst Porzellan are free and accessible to everyone, without the need for any legal basis in terms of the DSGVO.
Use of our website as a purchasing platform
It is possible to buy the goods we offer via the Holst Porzellan website. The goods displayed by us are marked in the module entrepreneur with the respective list price plus VAT, in individual cases with a special price plus VAT and in the module consumer with the sales price including VAT, in individual cases with a special price including VAT. This form of presentation is to be understood in the legal sense as so-called "invitatio ad offerendum", i.e. the invitation to our customers and interested parties to submit an offer. The mere offering of our goods on the website does not constitute an offer to conclude a contract, but is to be understood as an invitation to submit an offer to the customer in a quantity customary in the trade. We can reject this offer of the customer/interested party if there are good reasons for this. As good reasons we understand e.g.
- the goods have been sold in the meantime.
- the description of the item is faulty, so that the quality of the goods does not correspond to the description.
- the goods are ordered by a competitor or a company close to the competition for the purpose of observing the competition.
- there is insufficient creditworthiness of the purchaser (see below)
The use of our website as a purchasing platform is of the customer's own free will and at his sole, unilateral instigation. Our website in the Entrepreneur module is aimed at the commercial end consumer, trading companies for resale, companies for further processing and other legal entities that do not fall within the direct scope of the DSGVO. We use your company and personal data only for orders placed by you, i.e. orders via the shopping cart function, and only within the legal framework and with your consent. You can revoke any consent you may have given at any time for the future.
We are obliged to inform you in detail about our data collection and use of your company and personal data in the following. In some cases we need personal data from you, namely
- when you contact us
- when ordering or cancelling newsletters
Use of personal data
We store personal data in order to ensure optimal order processing and only pass on personal data to other companies for this purpose, e.g. to a carrier who carries out the shipping of the ordered goods for us. The recipient may only use the data passed on in this way to fulfil his or her task. Any other use is not permitted.
If we make advance payments, e.g. when purchasing on account, we usually carry out a credit check. We obtain information on your previous payment history as well as creditworthiness information based on mathematical-statistical methods using your address data from the company Creditreform Bielefeld, Riegel & Unger KG, Sunderweg 3, 33649 Bielefeld, which as a credit agency stores data for the purpose of providing information. We are permitted this type of collection in accordance with Art. 6 Par. 1 lit. f DSGVO. On the basis of the result of the credit assessment, we only decide whether you will be granted the option of payment on credit. We will not sell or otherwise pass on any data to third parties without your consent. Something else applies only if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship with you.
The data will be stored in accordance with the statutory storage obligations under § 146 et seq. tax code or § 257 HGB and will be deleted upon the customer's request after expiry of the storage obligations.
Transfer of data to third parties
In order to fulfil orders placed with us in accordance with the contract, we must provide individual stages of the supply and service chain with customer-related data. Name and address of our customers, if necessary the designation of company divisions (e.g. "Kitchen") or persons expressly designated by name and entitled to receive the data. If, in the course of our processing, we pass on your data to other persons and companies, transmit it to them directly or indirectly or grant them other access to this data, this is done exclusively on the basis of a legal permission and if a transmission of the data to third parties is necessary for the fulfilment of the contract in accordance with Art. 6 Para. 1 letter b DSGVO, or if you have consented or another legal obligation provides for this. If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 DSGVO.
In accordance with the requirements of Art. 32 DSGVO and taking into account the state of the art and the nature of the scope, circumstances and purposes of the processing, as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we have taken suitable organisational measures to ensure a level of protection for our customers commensurate with the risk.
In particular, these measures include safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, forwarding, safeguarding of availability and its separation. In addition, task processes within Holst Porzellan ensure that the rights of those affected are exercised, data is deleted and data that falls within the scope of the DSVGO is endangered. In accordance with Art. 25 DSGVO, we take the protection of personal data into account within the scope of our influence when selecting the software and hardware that we use for data storage.
Right of access to information
Every customer who has a business relationship with us may obtain information about his stored personal data (Article 15 DSGVO), request its correction (Article 16 DSGVO), deletion (Article 17 DSGVO) or restriction of processing (Article 18 DSGVO) and assert the right to data transferability (Article 20 DSGVO). You may also amend or revoke your declaration of consent at any time without stating reasons with effect for the future (Article 21 DSGVO). In addition, Article 77 DSGVO gives you the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority at your usual place of residence or workplace or at our registered office for this purpose. Please note that data processing that took place before the revocation is not affected by this. For the above-mentioned purposes, please contact the above-mentioned contact address.
Right of objection
If you wish to object to the collection, processing or use of your data by Holst Porzellan GmbH in accordance with these data protection regulations as a whole or for individual measures, you can send your objection by e-mail or letter to the above address. However, this does not apply to the data required to process your order. Please note that for tax reasons we are obliged to archive data of orders. After receipt of your objection, we will no longer use, process and transmit the data concerned for any other purpose than for processing and archiving your order, and we will stop sending you any further advertising material.
Right to deletion of data
According to the Federal Data Protection Act, our customers have a right to free information about their stored data, as well as a right to correction, blocking or deletion of data. We take the protection of your data very seriously. In order to ensure that your data will not be given to third parties, please send your request by e-mail or by post to Holst Porzellan GmbH in text form, clearly identifying your company.
Right of withdrawal
You have the right to revoke previously granted consent in accordance with Art. 7 Para. 3 DSGVO with effect for the future.
The data stored by us will be deleted or limited in their processing in accordance with articles 17 and 18 of the DSGVO as soon as there are no legal obligations to store the data and they are no longer required for their intended purpose. According to legal requirements in Germany, the storage is in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting vouchers, trading books, documents relevant for taxation, etc.).
If you register - voluntarily - for a customer account, you set up a password-protected direct access to your master data (in particular title, name, address, telephone number, e-mail address) and order data stored by us. Registering in our online shop should make future shopping easier for you. Thus, your address data, payment methods and the shipping service provider will be pre-selected for your next order. Please treat your personal access data confidentially and do not make them available to unauthorized third parties. We cannot accept liability for misused passwords unless we are responsible for the misuse. For legal reasons, our online shop saves the IP address of the visitor in full with time and date during certain processes. This is done when registering for the newsletter and when setting up a customer account.
E-mail advertising with newsletter subscription
If you register for our newsletter, we will use the data required for this purpose or data provided separately by you to send you our e-mail newsletter regularly on the basis of your consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO.
You can unsubscribe from the newsletter at any time and can either be done by sending a message to the above-mentioned contact option or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.
Postal advertising and your right of objection
Furthermore, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by letter post. This serves to protect our legitimate interests, which outweigh the interests of our customers, in a promotional approach in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO.
In order to provide you and all other future interested parties with a simple and objective assessment of our performance, we are always interested in an evaluation of our work. Provided that you have given us your express consent to this during or after your order by activating a corresponding checkbox or clicking a button intended for this purpose ("Evaluate later"), we will transmit your e-mail address for the reminder to submit an evaluation of your order to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne (www.trustedshops.de), so that they will remind you by e-mail of the possibility to submit an evaluation. This consent can be revoked at any time by sending a message to the contact option described below or directly to Trusted Shops.
For the display of our Trusted Shops seal of approval and the possibly collected evaluations as well as for the offer of the Trusted Shops products for buyers after an order the Trusted Shops Trustbadge is integrated on this web page.
This serves the protection of our in the context of a balancing of interests predominant entitled interests in an optimal marketing of our offer. The Trustbadge and the services advertised thereby are an offer of the Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne.
When you call up the Trustbadge, the web server automatically saves a so-called server log file, which contains e.g. your IP address, date and time of the call, transferred data volume and the requesting provider (access data) and documents the call. This access data is not evaluated and is automatically overwritten at the latest seven days after the end of your visit to the site.
Other personal data is only transmitted to Trusted Shops if you decide to use Trusted Shops products after completing an order or if you have already registered for use. In this case the contractual agreement made between you and Trusted Shops applies.
Social media plug-ins
Facebook: Social plugins from Facebook are used on our website to make our offer more personal. For this we use a "Recommend" button, recognizable by the Facebook logo (white "f" on a blue background). This is an offer of the US-American company Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA). If you call up a page of our website that contains such a plugin, your browser will not establish a direct connection with the Facebook servers until you click on the symbol. The content of the plugin is transmitted by Facebook directly to your browser, which integrates it into the website. Through the integration of the plugin, Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by clicking the "Recommend" button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.
Google+: Our website also uses the "G+" button of the social network Google Plus, which is operated by Google Inc. ("Google"). The button can be recognized by the white "G+" sign on a red background. If you call up a page of our website that contains such a button, your browser will only establish a direct connection with the Google servers after clicking on the symbol. The content of the "G+" button is transmitted by Google directly to your browser and integrated into the website by it. We therefore have no influence on the extent of the data that Google collects with the button. According to Google, no personal data is collected without clicking the button. Such data, including the IP address, is only collected and processed for logged-in members. For the purpose and scope of data collection and the further processing and use of data by Google, as well as your rights and setting options for the protection of your privacy, please refer to Google's data protection information. If you are a Google Plus member and do not want Google to collect data about you via our website and link it with your membership data stored by Google, you must log out of Google Plus before visiting our website.
Cookies are used when you visit our website. Cookies are small files that are stored on your computer and contain certain settings and data for exchange with our system via your browser. The storage of cookies helps us to design our website and our offers for you accordingly and makes it easier for you to use it, for example by storing certain entries made by you so that you do not have to repeat them constantly.
There are basically two different types of cookies, so-called session cookies, which are deleted as soon as you close your browser and temporary/permanent cookies, which are stored on your data carrier for a longer period of time. Most of the cookies we use are session cookies which are automatically deleted from your computer at the end of the browser session (end of session). Session cookies are needed, for example, to offer you the shopping cart function over several pages.
Accepting cookies is not a prerequisite for visiting our website. However, we would like to point out that the use of the shopping basket function and the ordering of products is only possible if you allow us to set cookies. No personal data is stored in the cookies we use. The cookies we use are therefore not attributable to any particular person and therefore not to you. When the cookie is activated, it is assigned an identification number. An assignment of your personal data to this identification number is not possible at any time and is not carried out. Your name, your IP address or similar data that would allow the cookie to be assigned to you will not be used at any time. On the basis of cookie technology, we only receive pseudonymised information, for example about which pages of our shop have been visited, which products have been viewed, etc.
You can set your browser to accept cookies only if you agree to this. We would like to point out that the revocation of your consent to the storage and processing of cookies will only take effect for the computer and browser on which you make the appropriate settings.
On this website, information about the surfing behaviour of website visitors is collected and stored in anonymous form for marketing purposes. Our online shop uses analytics and uses so-called cookies and counting pixels, which are retrieved from your computer or stored there and which enable an analysis of your use of our website and navigation within our online shop (so-called session information). These cookies and tracking pixels allow us to analyse surfing behaviour in an anonymous form. For example, these are statistics about which pages of our shop are particularly popular or how many users visit certain pages of the shop, which city a website visitor comes from, which browser type and operating system the website visitor uses and which pages he has visited on the website.
Under no circumstances can the data obtained be used to personally identify the visitor to this website. The collected data is only used to improve the offer. For this reason, all IP addresses are shortened, so that IP addresses are only processed in anonymous form. There is no other use or transfer to third parties.
Unfortunately, there are more and more attempts at phishing on the Internet. These are fake e-mails sent with fraudulent intent, which misuse the brand Holst Porzellan GmbH as an alleged sender. Holst Porzellan does not create these e-mails and does not send them, so we cannot influence the sending of these illegal e-mails. As it can be assumed that the fake messages contain a virus, we strongly advise against opening attached files or links and, if necessary, revealing personal data. We recommend to delete the message immediately. If you are ever unsure, please feel free to call us at the number given above or send us an e-mail.
The DSVGO is a relatively new regulation that places high demands on many companies and institutions. In many places there is legal uncertainty and a lack of practical experience. In order to improve our service to you, we constantly update this website. We therefore recommend that you read Holst Porzellan's data protection declaration again from time to time.
Contact us at
Holst Porzellan GmbH