Data protection
This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within the context of providing our services, as well as within our online presence and its associated websites, functions, and content, and external online presences, such as our social media profiles (hereinafter collectively referred to as "online presence"). Regarding the terminology used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible
LEMA MEDICAL GmbH
Tengstrasse 9
80798 Munich
Managing Director: Eylem Yildiz
Telephone: +49 (0) 89 998 280 590
Email: info@lemamedical.de
Website: www.yfy-skincare.de
Registration number: HRB 254826
Commercial Register: Munich
Types of data processed
– Inventory data (e.g., personal master data, names or addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Metadata/communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online service (hereinafter we will refer to the persons concerned collectively as "users").
Purpose of processing
– Provision of the online service, its functions and content.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and encompasses virtually any handling of data.
“Pseudonymisation” means 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.
“Profiling” means any type 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
The term “controller” refers to the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Article 13 of the GDPR, we inform you of the legal bases for our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e., the EU and the EEA, the following applies if the legal basis is not specified in the privacy policy:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for processing data to fulfill our services and implement contractual measures, as well as to answer inquiries, is Article 6(1)(b) GDPR;
The legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR;
In the event that the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis.
The legal basis for the processing required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6(1)(e) GDPR.
The legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR.
The processing of data for purposes other than those for which it was collected is governed by the provisions of Article 6(4) GDPR.
The processing of special categories of data (pursuant to Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.
Security measures
In accordance with legal requirements, and taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input of, transfer of, and ensuring the availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the deletion of data, and responses to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and processes, in accordance with the principles of data protection by design and by default.
Cooperation with processors, joint controllers and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit it to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract), if users have consented, if a legal obligation requires it or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transmit or otherwise grant access to data to other companies within our corporate group, this is done in particular for administrative purposes as a legitimate interest and, furthermore, on a basis that complies with legal requirements.
Transfers to third countries
If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA), or the Swiss Confederation), or if this occurs in the context of using third-party services or disclosing or transferring data to other persons or companies, this will only be done if it is necessary for the performance of our (pre-)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to explicit consent or contractually required transfer, we will only process or have data processed in third countries with a recognized level of data protection, which includes US processors certified under the "Privacy Shield," or on the basis of special guarantees, such as contractual obligations through so-called standard contractual clauses of the EU Commission, the existence of certifications, or binding internal data protection regulations (Articles 44 to 49 GDPR). Information page of the EU Commission ).
Rights of data subjects
Right to information: You have the right to request confirmation as to whether data concerning you is being processed, and to access this data as well as further information and a copy of the data in accordance with legal requirements.
Right to rectification: In accordance with legal requirements, you have the right to request the completion of your personal data or the correction of inaccurate personal data concerning you.
Right to erasure and restriction of processing: In accordance with legal requirements, you have the right to request that the data in question be erased without undue delay, or alternatively, in accordance with legal requirements, to request a restriction of the processing of the data.
Right to data portability: You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, in accordance with the legal requirements, or to request its transmission to another controller.
Complaint to supervisory authority: You also have the right, in accordance with legal requirements, to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to withdraw any consent you have given with effect for the future.
Right to object
Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Cookies and the right to object to direct marketing
Cookies are small files that are stored on users' computers. Various types of information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or even after their visit to an online service. Temporary cookies, also known as "session cookies" or "transient cookies," are deleted after a user leaves an online service and closes their browser. Such a cookie might, for example, store the contents of a shopping cart in an online store or a login status. "Permanent" or "persistent" cookies remain stored even after the browser is closed. These can, for example, save login status so that users remain logged in when they return to the site after several days. Similarly, user interests can be stored in such a cookie for audience measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the operator of the online service (otherwise, if they are only the operator's own cookies, they are called first-party cookies).
We may use temporary and permanent cookies, and we explain this in our privacy policy.
If we ask users for their consent to the use of cookies (e.g., as part of a cookie consent banner), the legal basis for this processing is Article 6(1)(a) GDPR. Otherwise, users' personal data processed via cookies is handled in accordance with the following explanations within this privacy policy, based on our legitimate interests (i.e., our interest in analyzing, optimizing, and operating our online services economically, as defined in Article 6(1)(f) GDPR), or if the use of cookies is necessary for the performance of our contractual obligations, pursuant to Article 6(1)(b) GDPR, or if the use of cookies is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, pursuant to Article 6(1)(e) GDPR.
If users do not wish to have cookies stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Disabling cookies may lead to functional limitations of this online service.
A general objection to the use of cookies for online marketing purposes can be made via the US website for many services, especially in the case of tracking. http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ This will be explained. Furthermore, the storage of cookies can be prevented by disabling them in your browser settings. Please note that some features of this website may then not be available.
Deletion of data
The data we process will be deleted or its processing restricted in accordance with legal requirements. Unless expressly stated otherwise in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it.
Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for any other purpose. This applies, for example, to data that must be retained for commercial or tax law reasons.
Changes and updates to the privacy policy
We ask that you regularly review the content of our privacy policy. We will update the privacy policy as soon as changes to our data processing activities make this necessary. We will inform you if any changes require action on your part (e.g., consent) or any other individual notification.
Business-related processing
In addition, we process
– Contract details (e.g., subject matter of the contract, term, customer category).
– Payment details (e.g., bank account details, payment history)
from our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer account
We process our customers' data as part of the order process in our online shop to enable them to select and order the chosen products and services, as well as to facilitate payment and delivery or execution.
The data processed includes inventory data, communication data, contract data, and payment data. The individuals affected by this processing include our customers, prospective customers, and other business partners. Processing is carried out for the purpose of providing contractual services within the framework of operating an online shop, including invoicing, delivery, and customer service. We use session cookies to store the contents of the shopping cart and persistent cookies to store the login status.
The processing of your data is carried out to fulfill our services and implement contractual measures (e.g., processing orders) and to the extent required by law (e.g., legally mandated archiving of business transactions for commercial and tax purposes). The information marked as required is necessary for establishing and fulfilling the contract. We only disclose data to third parties in connection with delivery, payment, or within the scope of legal permissions and obligations, as well as when this is based on our legitimate interests, about which we inform you in this privacy policy (e.g., to legal and tax advisors, financial institutions, freight companies, and authorities).
Users can optionally create a user account, which allows them to view their orders. During registration, users are informed of the required mandatory information. User accounts are not public and cannot be indexed by search engines. If users terminate their user account, their data relating to the user account will be deleted, unless its retention is necessary for commercial or tax law reasons. Information in the customer account remains until its deletion, with subsequent archiving in the event of a legal obligation or our legitimate interests (e.g., in the case of legal disputes). It is the users' responsibility to back up their data before the end of the contract if they have terminated their account.
As part of the registration and subsequent login processes, as well as the use of our online services, we store the IP address and the time of each user action. This storage is based on our legitimate interests, as well as the user's interest in protection against misuse and other unauthorized use. This data is generally not shared with third parties, unless it is necessary for the pursuit of our legal claims as a legitimate interest or there is a legal obligation to do so.
The data will be deleted after the expiry of statutory warranty periods and other contractual rights or obligations (e.g., payment claims or performance obligations arising from contracts with customers), whereby the necessity of retaining the data is reviewed every three years; in the case of retention due to statutory archiving obligations, the data will be deleted after their expiry.
External payment service providers
We use external payment service providers through whose platforms users and we can process payment transactions. These payment service providers may include, each with a link to its privacy policy: PayPal ( https://www.paypal.com/de/webapps/mpp/ua/privacy-full ), Klarna ( https://www.klarna.com/international/privacy-policy/ ), Skrill ( https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/ ), Giropay ( https://www.giropay.de/agb/index.html ), Visa (https://www.visa.de/legal/global-privacy-notice.html ), Mastercard ( https://www.mastercard.de/de-de/datenschutz.html ), American Express (https://www.americanexpress.com/de-de/firma/legal/datenschutz-center/?inav=de_legalfooter_privacycenter) , Stripe ( https://stripe.com/de/privacy ).
We use payment service providers for the performance of contracts on the basis of Article 6(1)(b) GDPR. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to Article 6(1)(f) GDPR in order to offer our users effective and secure payment options.
The data processed by payment service providers includes master data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amount, and recipient-related information. This information is required to process the transactions. However, the entered data is processed and stored only by the payment service providers. This means we do not receive any account or credit card information, but only confirmation or rejection of the payment. The payment service providers may transmit the data to credit reference agencies for identity and creditworthiness verification. Please refer to the terms and conditions and privacy policies of the payment service providers for further information.
The terms and conditions and privacy policies of the respective payment service providers apply to payment transactions and can be accessed on their respective websites or transaction applications. We also refer you to these for further information and to exercise your rights of withdrawal, access, and other data subject rights.
Administration, financial accounting, office organization, contact management
We process data for administrative tasks, the organization of our business operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process when providing our contractual services. The legal bases for this processing are Article 6(1)(c) and (f) of the GDPR. Customers, prospective customers, business partners, and website visitors are affected by this processing. The purpose of and our legitimate interest in this processing lies in administration, financial accounting, office organization, and data archiving—tasks that serve to maintain our business operations, fulfill our obligations, and provide our services. The deletion of data relating to contractual services and contractual communication is carried out in accordance with the information provided for these processing activities.
In this process, we disclose or transmit data to the tax authorities, advisors such as tax consultants or auditors, as well as other fee collection agencies and payment service providers.
Furthermore, based on our legitimate business interests, we store information about suppliers, event organizers, and other business partners, for example, for later contact. We generally store this predominantly business-related data permanently.
Business analyses and market research
In order to operate our business efficiently and to identify market trends, the wishes of our contractual partners and users, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Art. 6 para. 1 lit. f GDPR, whereby the data subjects include contractual partners, prospective customers, customers, visitors, and users of our online services.
The analyses are conducted for the purposes of business evaluations, marketing, and market research. In doing so, we may consider the profiles of registered users, including information such as the services they have used. These analyses help us improve user-friendliness, optimize our offerings, and enhance our business efficiency. The analyses are for our internal use only and will not be disclosed externally, unless they are anonymous analyses with aggregated data.
If these analyses or profiles are personally identifiable, they will be deleted or anonymized upon termination of the user's account; otherwise, they will be deleted two years after the contract was concluded. Furthermore, company-wide business analyses and general trend assessments will be created anonymously whenever possible.
Registration function
Users can create a user account. During registration, users are informed of the required mandatory information, which is processed on the basis of Article 6 Paragraph 1 Letter b GDPR for the purpose of providing the user account. The processed data includes, in particular, login information (name, password, and email address). The data entered during registration is used for the purposes of using the user account and its intended purpose.
Users may be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data relating to the user account will be deleted, subject to any statutory retention obligations. It is the users' responsibility to back up their data before the end of the contract if they have terminated their account. We are entitled to irretrievably delete all user data stored during the contract period.
When you use our registration and login functions, as well as your user account, we store your IP address and the time of each action. This storage is based on our legitimate interests, as well as the user's interest in protection against misuse and other unauthorized use. We generally do not share this data with third parties, unless it is necessary for pursuing our claims or we are legally obligated to do so pursuant to Art. 6 para. 1 lit. c GDPR. IP addresses are anonymized or deleted after a maximum of 7 days.
Comments and posts
When users leave comments or other contributions, their IP addresses may be stored for 7 days based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. This is done for our security in case someone leaves unlawful content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves could be held liable for the comment or contribution and are therefore interested in the author's identity.
Furthermore, we reserve the right, based on our legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR, to process user data for spam detection purposes.
On the same legal basis, we reserve the right to store users' IP addresses for the duration of surveys and to use cookies to prevent multiple voting.
The personal information provided in the comments and posts, including contact and website information as well as the content itself, will be stored by us permanently until the user objects.
Contact
When you contact us (e.g., via contact form, email, telephone, or social media), your information will be processed in accordance with Art. 6 para. 1 lit. b (within the framework of contractual/pre-contractual relationships) and Art. 6 para. 1 lit. f (other inquiries) of the GDPR for the purpose of processing and handling your inquiry. Your information may be stored in a customer relationship management system ("CRM system") or a comparable system for managing inquiries.
We delete inquiries when they are no longer needed. We review the necessity of retaining inquiries every two years; statutory archiving obligations also apply.
Hosting and email delivery
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services, which we use for the purpose of operating this online service.
In this process, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors of this online service on the basis of our legitimate interests in the efficient and secure provision of this online service pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Google Tag Manager
Google Tag Manager is a solution that allows us to manage website tags via a single interface (and thus integrate Google Analytics and other Google marketing services into our online offerings). The Tag Manager itself (which implements the tags) does not process any personal data of users. Regarding the processing of users' personal data, please refer to the following information about Google services. Terms of Use: https://www.google.com/intl/de/tagmanager/use-policy.html .
Google Analytics
We use Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google uses cookies. The information generated by the cookie about your use of the website is generally transmitted to and stored on a Google server in the USA.
Google will use this information on our behalf to evaluate users' use of our online services, to compile reports on activity within these online services, and to provide us with other services related to the use of these online services and internet usage. Pseudonymous user profiles may be created from the processed data.
We only use Google Analytics with IP anonymization enabled. This means that Google shortens the IP address of users within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser settings; furthermore, users can prevent Google from collecting and processing data generated by the cookie and related to their use of the online service by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de .
If we request users' consent (e.g., as part of cookie consent), the legal basis for this processing is Article 6(1)(a) GDPR. Otherwise, users' personal data is processed on the basis of our legitimate interests (i.e., our interest in analyzing, optimizing, and operating our online services economically, in accordance with Article 6(1)(f) GDPR).
Insofar as data is processed in the USA, we would like to point out that Google is certified under the Privacy Shield Agreement and thereby guarantees compliance with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
For further information on Google's data usage, settings and opt-out options, please see Google's Privacy Policy ( https://policies.google.com/privacy ) and the settings for Google's ad display. (https://adssettings.google.com/authenticated ).
Users' personal data will be deleted or anonymized after 14 months.
Google Universal Analytics
We use Google Analytics in its " Universal Analytics " configuration. "Universal Analytics" refers to a Google Analytics method where user analysis is based on a pseudonymous user ID, thus creating a pseudonymous user profile with information from the use of different devices (so-called "cross-device tracking").
Target group creation with Google Analytics
We use Google Analytics to display ads served through Google's and its partners' advertising services only to users who have shown an interest in our online offerings or who exhibit certain characteristics (e.g., interests in specific topics or products, determined based on the websites they visit) that we transmit to Google (so-called "remarketing" or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interests of users.
Google AdWords and conversion measurement
We use the online marketing tool Google "AdWords" to place ads in the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are displayed to users who are likely to be interested in the ads. This allows us to display ads for and within our online services in a more targeted way, so that users only see ads that potentially match their interests. For example, if a user is shown ads for products they have previously viewed on other websites, this is called "remarketing." For these purposes, when our website and other websites where the Google advertising network is active are accessed, Google immediately executes a code and integrates so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") into the website. These tags store an individual cookie, i.e., a small file, on the user's device (comparable technologies may also be used instead of cookies). This file records which websites the user has visited, which content they are interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online service.
Furthermore, we receive an individual "conversion cookie." The information collected with the help of this cookie is used by Google to create conversion statistics for us. However, we only receive the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that can personally identify users.
User data is processed pseudonymously within the Google advertising network. This means that Google does not store or process, for example, the name or email address of users, but rather processes the relevant data on a cookie-based basis within pseudonymous user profiles. From Google's perspective, this means that ads are not managed and displayed for a specifically identified person, but rather for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has explicitly permitted Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the USA.
If we request users' consent (e.g., as part of cookie consent), the legal basis for this processing is Article 6(1)(a) GDPR. Otherwise, users' personal data is processed on the basis of our legitimate interests (i.e., our interest in analyzing, optimizing, and operating our online services economically, in accordance with Article 6(1)(f) GDPR).
Insofar as data is processed in the USA, we would like to point out that Google is certified under the Privacy Shield Agreement and thereby guarantees compliance with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
For more information about Google's data usage, settings and opt-out options, please see Google's Privacy Policy ( https://policies.google.com/technologies/ads ) and the settings for Google's ad display. (https://adssettings.google.com/authenticated ).