Privacy Policy

(1) Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data in connection with our eBay offers. Personal data is any information that relates to an identified or identifiable natural person.

(2) The person responsible (“controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. The controller within the meaning of the GDPR for the personal data processed by the provider of this eBay merchandise is: Michael Winter, Am Alten Rhein 10, 40593 Düsseldorf, phone 0211 46823812, e-mail winter@wine-trader.de (hereinafter referred to as “we”). Beyond that, eBay’s privacy policy applies in addition (eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow), available at pages.ebay.de/help/policies/privacy-policy.html .

(3) When you conclude a contract with us on eBay, eBay will transmit to us your eBay username (unless you buy as “guest”), your name and the billing address as stored in your eBay user account or otherwise provided when placing your order. If you have specified additional information with the order (e.g. a different shipping address or a phone number), they also will be transmitted to us.

(4) We process the data referred to in paragraph 3 electronically for the proper performance of the contract, in particular for shipping, invoicing, accounting, and processing of returns and complaints. This data processing is based on Article 6 par. 1 b GDPR.We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.

(5) To conclude a contract between you and us, it is necessary that we receive your name and a delivery address. The necessity of providing this data arises, among other things, from eBay’s Terms and Conditions as well as from various statutory regulations (such as § 312i par. 1 and 3 BGB, § 14 par. 4 UStG). Without providing this data, you cannot conclude a contract with us.

(6) When we ship physical goods in order to perform a contract, we may transmit your name and shipping address to Deutsche Post (Deutsche Post AG, 53113 Bonn) or DHL (DHL Paket GmbH, 53113 Bonn) as the shipping service provider, for the purpose of delivering the shipment to you and, if necessary, for returns back to us, on the basis of Article 6 par. 1 b GDPR.

(7) From the beginning of 2019, electronic marketplaces are obliged under the VAT Act (Section 22f UStG) to record the place of dispatch and destination of a delivery as well as the time and amount of turnover and to communicate this data to the tax authorities on request. Therefore, these details of a delivery that you have ordered may be transmitted to the tax authorities according to Article 6 par. 1 c GDPR.

(8) If you send us a message on eBay via the function “Contact seller”, eBay will transmit us your eBay username, or, if you do not have an eBay user name, other data identifying you as the sender, along with your message (legal basis: Article 6 par. 1 a GDPR). If you send us a message by e-mail, we will save your message along with the sender details (your name and e-mail address) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 (1) f GDPR). For the reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR. We will erase the information collected from your message no later than six months after the last communication with you, subject to the following paragraph.

(9) If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.

(10) You may find Social Media Buttons on the eBay website; they can be recognized by the logos of the social media platforms (hereinafter “platforms”) (Facebook: blue “f”, Pinterest: red “p”, Twitter: blue bird silhouette). These are links to the respective platforms based in the United States (USA). Clicking on such a link calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform in the USA. However, we neither collect nor otherwise process any data related to the use of these social media buttons.

(11) We do not use any automated decision-making or profiling.

(12) With regard to your personal data we process, you have the following rights:
a) You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
b) You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
c) You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
d) You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
e) We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
f) You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
g) As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.

(13) RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.

(14) IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.

(15) If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.