We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Phytoplanta GmbH. The use of the Internet pages of the Phytoplanta GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could 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, e-mail 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 the Phytoplanta GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Phytoplanta GmbH has 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. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
Phone: +49 9874 367950
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
One function of cookies is to simplify website processes by saving settings for future use (e.g. saving of previously selected options). If individual cookies which we have implemented also process personal data, pursuant to Art. 6(1)(b) GDPR this processing takes place either for performance of the contract, or pursuant to Art. 6(1)(b) GDPR for the protection of our legitimate interest in the best possible functionality of the website as well as a customer-friendly and effective website experience.
- You can change your settings so that
- you are notified when cookies are saved,
- cookies are only accepted on an individual basis,
- cookies are only accepted for certain cases or are disabled altogether,
- or you can enable automatic deletion of cookies upon closing of the browser.
- Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
- Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
- Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
- Safari: https://support.apple.com/kb/ph21411?locale=de_DE
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Most browsers also provide a so-called “do-not track” function. When this function is activated, the browser lets advertising networks, websites and applications know that you do not wish to be “tracked” for the purposes of behavioural advertising and the like.
Information and instructions on how you can modify these functions can be obtained using the following links, listed here by browser:
- Google Chrome: https://support.google.com/chrome/answer/2790761?co=GENIE.Platform%3DDesktop&hl=de
- Mozilla Firefox: https://www.mozilla.org/de/firefox/dnt/
- Internet Explorer: https://support.microsoft.com/de-de/help/17288/windows-internet-explorer-11-use-do-not-track
- Opera: http://help.opera.com/Windows/12.10/de/notrack.html
- Safari: https://support.apple.com/kb/PH21416?locale=de_DE
Please be aware that the disabling of cookies can limit the functionality of our website.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The legal basis for the processing of your data is Art. 6(1)(f) GDPR. The storage of this data takes place in the context of our legitimate interest, since it is only in this manner that abuse of our services can be prevented, and this data makes it possible to investigate any crimes committed. Therefore the storage of this data is necessary to secure the controller’s processing activities. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The Phytoplanta GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter. By confirming, the data subject grants us his consent pursuant to Art. (6)(1)(a) GDPR for us to use his personal data in order to send him the desired newsletters.
During the registration for the newsletter, 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 the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way. By unsubscribing, the email address of the data subject is immediately removed from our newsletter mailing list if he has not expressly consented to continued use of the collected data or continued processing is otherwise legally permitted.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Phytoplanta GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
a) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller information about his or her personal data stored at any time and a copy of this information. Furthermore, access to the following information is granted:
- the purposes of the processing;
- the categories of personal data concerned;
- 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;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- 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;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- 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.
Pursuant to Art. 16 GDPR, the data subject has the right to demand the immediate correction of his or her incorrect personal data. Furthermore, the data subject has the right to demand the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.
c) Right to erasure (Right to be forgotten)
Pursuant to Art. 17 GDPR, the data subject has the right to demand from the controller that his personal data be immediately erased, as long as the processing is not required for the exercise of the right to freedom of expression and information, for fulfilment of a legal obligation, for reasons in the public interest or for the assertion, exercise or defence of legal claims.
d) Right of restriction of processing
Pursuant to Art. 18 GDPR, the data subject has the right to demand that the controller restrict the processing if one of the following conditions is met:
- 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.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Pursuant to Art. 20 GDPR, the data subject must receive the personal data relating to him or her which have been provided by the data subject to a responsible person in a structured, common and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as 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 the processing is carried out by automated means, as long as the processing is not 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 his or her 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 when doing so does not adversely affect the rights and freedoms of others.
f) The right to lodge a complaint with a supervisory authority
The data subject has the right pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority. Generally, the data subject may contact the supervisory authority of the Bundesland (German federal state) of our registered office (as provided above) or if applicable in their place of ordinary sojourn or employment.
g) Right to object
The person concerned has the right, in accordance with Art. 21 GDPR, to object at any time to the processing of personal data concerning him or her on the basis of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Phytoplanta GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Phytoplanta GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to 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 the Phytoplanta GmbH to the processing for direct marketing purposes, the Phytoplanta GmbH 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 processing of personal data concerning him or her by the Phytoplanta GmbH 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 of the Phytoplanta GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
The person concerned has the right 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 is 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 the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Phytoplanta GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Phytoplanta GmbH.
i) Right to withdraw data protection consent
Pursuant to Art. 7(3) GDPR, the data subject has the right at any time to revoke consent to the processing of personal data. If the objection pertains to the processing of personal data for the purposes of direct advertising, the data subject has a general right to revoke consent without any requirement that a specific reason or situation be provided.
If you would like to make use of this right to revocation or right to object, an email to firstname.lastname@example.org is sufficient.
Outside of this, sharing of data with recipients external to the company takes place only if statutory provisions allow or require this, if sharing is necessary for the fulfilment of legal obligations or the data subject has provided his consent.
If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
You can prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent the collection of data generated by cookies and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available at URL http://tools.google.com/dlpage/gaoptout?hl=de.
A click on the following link prevents Google Analytics from capturing the data by setting a so-called opt-out cookie:
Deactivation of Google Analytics
The legal basis for its use is Article 6 (1) f ( legitimacy of processing), as there is a legitimate interest to protect this website from bots and spam.
reCAPTCHA is a free service that protects websites from spam and abuse. It uses risk analysis techniques to distinct people and automated requests (bots). With the new API, a significant number of your valid human users will pass the
reCAPTCHA challenge without having to solve a CAPTCHA. We use reCAPTCHA to secure contact information and forms.
By the use of reCAPTCHA data is transferred to Google, which Google uses to determine whether the visitor is a human or a (spam)bot. To learn which data is collected by Google and for what purpose this data is used, read https://policies.google.com/privacy?hl=en-GB.
Please Note: The German version of the Data Protection is the sole legally binding version. The English translation merely serves to simplify the communication and does not have any influence on the content or interpretation of the agreement.