Data Protection - Customers

Privacy Policy for Customers, Interested Parties and Business Partners (in accordance with Art. 13 GDPR)

1. Name and contact details of the controller

novacare GmbH

Bruchstr. 48

67098 Bad Dürkheim

2. Contact details of the data protection officer

DSBX GmbH

Gablonzer Street 4

76185 Karlsruhe

E-mail: novacare@dsbx.one

3. Purposes and Legal Bases for Data Processing

Contract processing and CRM For the initiation, execution and settlement of contracts, we process data of business contacts (B2B) and private individuals (B2C) in the ERP system. A credit check with credit agencies is not carried out before the conclusion of a contract. The legal basis is Art. 6 para. 1 lit. b GDPR.


Online shop operation
We use the Shopify shop system to operate our online shops. In its basic version, Shopify integrates various third-party providers (e.g., for payment and shipping like PayPal, DHL, etc.). Additional services can also be connected through optionally available apps. The legal basis is Art. 6(1)(b) GDPR (performance of a contract).


Direct advertising for existing customers:
We primarily inform our existing customers about similar products in our range via email and occasionally by post (while adhering to the provisions of Section 7 (3) of the Unfair Competition Act). Newsletters provide a straightforward opt-out procedure (unsubscribe link). The legal basis is Article 6 (1) lit. f GDPR (legitimate interest in sales promotion and customer retention).


E-mail marketing and tracking:
We use the Klaviyo service for sending newsletters. Klaviyo records and analyses the click and open behaviour of recipients in order to provide this data for post-analysis. The legal basis for this tracking is your explicit consent in accordance with Art. 6(1)(a) GDPR.


Trade fair orders and lead capture:
At trade fairs, we use the MoreApp application to record orders and, in rare cases, to record customer data (leads without immediate purchase). The legal basis is Art. 6(1)(b) GDPR (pre-contractual measures) or Art. 6(1)(f) GDPR (legitimate interest in acquiring new customers).


Use of AI-supported systems

We use AI-powered applications to process your orders and improve our processes. Specifically, we process personal data as part of an AI-based order import as well as for the analysis and evaluation of order and customer data. For this, we use services from IONOS SE. In the future, AI functions from Microsoft (Microsoft Copilot) will also be used, for example, for creating response suggestions and for data analysis (e.g. in Excel).

Purposes: Processing and managing your orders, customer communication, as well as optimisation and evaluation of our business processes.

Legal basis: Art. 6(1)(b) GDPR (performance of a contract) for order processing; Art. 6(1)(f) GDPR (legitimate interest in efficient, economical processes) for analysis and evaluation purposes.

No use for training purposes: Personal data processed within the scope of these services will not be used by IONOS and Microsoft for the training or further development of AI models. Processing is carried out exclusively in accordance with instructions for the purposes mentioned; its use is therefore compliant with data protection regulations.

Order processing: The providers used (IONOS SE, Microsoft) operate as order processors for us on the basis of corresponding contracts (order processing agreement or Microsoft Data Protection Addendum). Where processing takes place outside the EU or EEA, this is secured by the EU standard contractual clauses.

No automated individual decision-making: There shall be no automated decision-making, including profiling, which produces legal effects or similarly significantly affects you.

 

4. Recipients or categories of recipients of the data

 

Hosting and cloud service provider Our systems are primarily operated on-premise; additionally, we use IONOS for hosting partial applications and Shopify for the online shops. Backups are encrypted and secured on-premise and additionally with IONOS.


Marketing and Sales Tools
Within the scope of order processing agreements, the providers Klaviyo Inc. and MoreApp are granted access to data. Furthermore, data is passed on to the payment and shipping service providers integrated via Shopify.

 

5. Data transfer to third countries

By using cloud services such as Shopify and Klaviyo, and integrating optional apps into the online shop, data is transmitted to service providers in third countries (particularly the USA). We ensure that these transfers are legitimized in accordance with data protection law: for certified US providers, we rely on the EU Commission's adequacy decision (EU-US Data Privacy Framework). For other providers, we conclude binding EU Standard Contractual Clauses (SCCs) to guarantee an appropriate level of data protection.


6. Storage duration

Contract data Once the contract has been fully processed, the data will be stored for the duration of the statutory tax and commercial retention periods (generally 6 years according to § 257 HGB and 10 years according to § 147 AO).


Prospect and Lead Data
Contact details of interested parties (e.g. captured via MoreApp) will be deleted once the purpose for their collection ceases to exist (e.g. if there is no further business interest) and no statutory retention obligations prevent this.


7. Provision of data and automated decision-making


Obligation to provide
The provision of your personal data is generally required for the conclusion of a contract or the performance of pre-contractual measures. If you do not provide the required data, we may not be able to conclude or fulfil the contract with you.


Automated Decision-Making
No automated decision-making, including profiling, takes place pursuant to Article 22 GDPR.


8. Rights of data subjects

You have the right to access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 GDPR), restriction of processing (Art. 18 GDPR), and data portability (Art. 20 GDPR). You can withdraw any consent you have given at any time with future effect (Art. 7(3) GDPR).


Special notice regarding the right of objection:

You have the right to object to the processing of your personal data for direct marketing purposes at any time and without giving reasons, with effect for the future (Art. 21(2) GDPR).


Furthermore, you have the right to lodge a complaint with the competent data protection supervisory authority (Art. 77 GDPR).

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