For the French version

Overview

Data protection is of the highest priority for us. Our website can be used without providing personal data; however, if a data subject wishes to use special enterprise services via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, shall always be in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection policy, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, through this data protection declaration, data subjects are informed of the rights to which they are entitled.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

Name and Address of the controller

The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union, and other provisions related to data protection is:

Back2Basics sàrl

15 rue de Grass L-8378 Kleinbettingen, Luxembourg

+352 691 87 37 17

contact@nutri-bay.com

www.nutri-bay.com

 

Definitions

This data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable to the general public, as well as to our customers and business partners. To ensure this, we would first like to explain the terminology used.

In this data protection declaration, we use the following terms:

a.) Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b.) Data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c.) Processing

Processing is any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d.) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e.) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.

f.) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g.) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h.) Processor

Processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

i.) Recipient

Recipient is a natural or legal person, public authority, agency, or another body to which personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall comply with the applicable data protection rules according to the purposes of the processing.

j.) Third party

Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k.) Consent

Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, through a statement or clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Cookies

Our website uses cookies. Cookies are text files stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain different cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without cookie settings.

Through the use of cookies, the information and offers on our website can be optimized for the user. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to use our website. For example, a website user who uses cookies does not have to enter access data each time the website is accessed, because this is handled by the website, and the cookie is therefore stored on the user's computer system. Another example is the shopping cart cookie used in an online shop. The online store remembers the items a customer has placed in the virtual shopping cart through a cookie.

The data subject may prevent cookies from being set through our website at any time by selecting the corresponding setting in the Internet browser used, thereby permanently refusing the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject disables the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

Collection of general data and information

Our website collects a series of general data and information when a data subject or automated system accesses the website. This general data and information are stored in the server log files. The information collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, we analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Rights of the data subject

a.) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b.) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

1. the purposes of the processing;
2. the categories of personal data concerned;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
6. the existence of the right to lodge a complaint with a supervisory authority;
7. where the personal data are not collected from the data subject, any available information as to their source;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c.) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d.) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
2. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
3. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
4. The personal data have been unlawfully processed.
5. The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
6. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact any employee of the controller. An employee shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested those controllers to erase any links to, or copies or replications of, those personal data, insofar as processing is not required. An employee will arrange the necessary measures in individual cases.

e.) Right to restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

1. The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
2. The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
3. The controller no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise, or defense of legal claims.
4. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending verification of whether the legitimate grounds of the controller override those of the data subject.
5. If one of the aforementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by us, they may contact any employee of the controller at any time. The employee will arrange for the restriction of processing.

f.) Right to data portability

Each data subject shall have the right granted by the European legislator to receive the personal data concerning them that they have provided to a controller in a structured, commonly used, and machine-readable format. They shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and that the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and where doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may contact any employee.

g.) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her that is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

We shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee. In addition, the data subject is free, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h.) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into or performing a contract between the data subject and a data controller, or (2) is based on the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, including at least the right to obtain human intervention from the controller, to express their point of view, and to contest the decision.

If the data subject wishes to exercise their rights concerning automated individual decision-making, they may contact any employee at any time.

i.) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, they may contact any employee at any time.

Legal basis for processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured at our company and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject that require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, sentence 2, GDPR).

Routine erasure and blocking of personal data

The data controller shall process and store the data subject's personal data only for as long as necessary to achieve the purpose of storage, or to the extent permitted by the European or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, or if a retention period prescribed by the European or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to conduct our business for the benefit of all our employees and shareholders.

Period for which the personal data will be stored

The criterion used to determine the period for which personal data is stored is the applicable statutory retention period. After that period expires, the corresponding data is routinely deleted, provided it is no longer necessary to fulfill or initiate a contract.

Provision of personal data as a statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; Possible consequences of failing to provide such data

We clarify that providing personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In some cases, it may be necessary for the data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact an employee.

The employee clarifies to the data subject whether the provision of personal data is required by law or contract, or is necessary for entering into a contract; whether there is an obligation to provide the personal data; and the consequences of failing to provide it.

Payment Method: Data protection provisions regarding the use of PayPal as a payment processor

On this website, the controller has integrated PayPal components. PayPal is an online payment service provider. Payments are processed through PayPal accounts, which are virtual private or business accounts. PayPal can also process virtual payments by credit card when a user does not have a PayPal account. A PayPal account is managed using an email address, which is why there are no traditional account numbers. PayPal enables online payments to third parties and the receipt of payments. PayPal also performs trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject selects "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data subject's data to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal usually includes first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. Processing the purchase contract also requires such personal data as is connected with the respective order.

The data is transmitted for payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, where there is a legitimate interest in the transfer. The personal data exchanged between PayPal and the controller for data processing will be transmitted by PayPal to credit agencies. This transfer is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent necessary to fulfill contractual obligations or to process the data as ordered.

The data subject may withdraw consent to the handling of personal data by PayPal at any time. Withdrawal shall not affect personal data that must be processed, used, or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

Registration on our website

The data subject has the possibility to register on the controller's website by providing personal data. The personal data transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for the controller's internal use and its own purposes. The controller may arrange for the data to be transferred to one or more processors, such as a parcel delivery service, which also uses the personal data for an internal purpose attributable to the controller.

When the data subject registers on the controller’s website, the IP address assigned by the Internet service provider (ISP) and used by the data subject, as well as the date and time of registration, are also stored. This data is stored because it is the only way to prevent misuse of our services and, where necessary, investigate offenses that have been committed. Accordingly, storing this data is necessary to protect the controller. This data is not disclosed to third parties unless there is a statutory obligation to disclose it or the disclosure serves the purpose of criminal prosecution.

The data subject’s registration, including the voluntary provision of personal data, is intended to enable the controller to offer content or services that, by their nature, may be offered only to registered users. Registered persons may change the personal data provided during registration at any time or have them completely deleted from the controller’s records.

The data controller shall, at any time, provide each data subject with information upon request about the personal data stored concerning them. In addition, the data controller shall correct or erase personal data at the data subject’s request or instruction, insofar as there are no statutory retention obligations. All of the controller’s employees are available to the data subject as contact persons in this regard.

Newsletter Subscription

On our website, users are given the opportunity to subscribe to the enterprise’s newsletter. The input form used for this purpose determines which personal data are transmitted and when the newsletter is ordered from the controller.

We regularly inform our customers and business partners about the enterprise’s offers by means of a newsletter. The enterprise’s newsletter may be received by the data subject only if (1) the data subject has a valid email address and (2) the data subject subscribes to the newsletter. For legal reasons, a confirmation email is sent to the email address provided by the data subject when subscribing to the newsletter for the first time, as part of the double opt-in procedure. This confirmation email is used to verify that the data subject, as the owner of the email address, is authorized to receive the newsletter.

During newsletter registration, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of registration, as well as the date and time of registration. This data collection is necessary to determine any later misuse of the data subject’s email address and therefore serves to protect the controller’s legal interests.

The personal data collected as part of newsletter registration will be used solely to send our newsletter. In addition, newsletter subscribers may be informed by email when this is necessary to operate the newsletter service or manage the relevant registration, such as in the event of changes to the newsletter offering or technical circumstances. Personal data collected through the newsletter service will not be transferred to third parties. A data subject may terminate their newsletter subscription at any time. Consent to the storage of personal data provided for newsletter delivery may be revoked at any time. A corresponding link for revoking consent is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to inform the controller in another way.

Newsletter Tracking

Our newsletters contain tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see whether and when an email was opened by a data subject and which links in the email were accessed by data subjects.

The controller stores and analyzes such personal data collected through the tracking pixels contained in the newsletters in order to optimize newsletter delivery and better tailor the content of future newsletters to the data subject’s interests. This personal data will not be disclosed to third parties. Data subjects are entitled to revoke their consent to receive newsletters at any time.

After revocation, the controller will delete this personal data. We automatically consider unsubscribing from the newsletter to constitute revocation.

Contact options via the website

Our website contains information that enables quick electronic contact with our enterprise, as well as direct communication with us via an email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data voluntarily transmitted by a data subject to the data controller are stored for the purpose of processing the request or contacting the data subject. This personal data is not transferred to third parties.