Terms of personal data protection
Privacy Policy
1) Introduction and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. Below, we inform you about how your personal data is handled when using our website. Personal data includes all data with which you can be personally identified.
1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Roman Slánek, Fencl rybářské potřeby s.r.o., nám. ČSA 68, 33301 Stod, Czech Republic, E-Mail: info@kescher-fencl.de. The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
2) Data Collection When Visiting Our Website
When using our website for purely informational purposes, i.e., if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to the site server (so-called "server log files"). When you call up our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the time of access
- Amount of data sent in bytes
- Source/reference from which you reached the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Processing is carried out in accordance with Art. 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used for other purposes. However, we reserve the right to check the server log files retrospectively should concrete evidence point to unlawful use.
3) Hosting & Content Delivery Network
For the hosting of our website and the display of page content, we use a provider that provides its services itself or through selected sub-contractors exclusively on servers within the European Union.
All data collected on our website is processed on these servers.
We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.
4) Cookies
To make visiting our website attractive and to enable the use of certain functions, we use cookies—small text files that are stored on your device. Some of these cookies are automatically deleted after closing the browser (so-called "session cookies"), while others remain on your device for longer and allow the saving of page settings (so-called "persistent cookies"). In the latter case, you can see the storage duration in your web browser's cookie settings overview.
Insofar as personal data is also processed by individual cookies used by us, processing is carried out in accordance with Art. 6(1)(b) GDPR either for the performance of a contract, in accordance with Art. 6(1)(a) GDPR in the case of consent granted, or in accordance with Art. 6(1)(f) GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.
You can set your browser so that you are informed about the setting of cookies and decide individually on their acceptance or exclude the acceptance of cookies for certain cases or generally.
Please note that if cookies are not accepted, the functionality of our website may be restricted.
5) Contacting Us
When contacting us (e.g., via contact form or e-mail), personal data is processed—exclusively for the purpose of processing and answering your request and only to the extent necessary for this.
The legal basis for the processing of this data is our legitimate interest in answering your request according to Art. 6(1)(f) GDPR. If your contact is aimed at a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that no statutory storage obligations conflict with this.
6) Data Processing Upon Opening a Customer Account
In accordance with Art. 6(1)(b) GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. The data required for opening an account can be seen from the input mask of the corresponding form on our website.
Your customer account can be deleted at any time and can be done by sending a message to the above-mentioned address of the controller. After deletion of your customer account, your data will be deleted, provided that all contracts concluded through it have been fully processed, no statutory retention periods conflict with this, and no legitimate interest on our part to continue storage persists.
7) Use of Customer Data for Direct Advertising
7.1 Subscription to our E-Mail Newsletter
If you subscribe to our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of further data is voluntary and is used to address you personally. For the newsletter dispatch, we use the so-called double opt-in procedure, which ensures that you only receive newsletters if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the e-mail address provided.
By activating the confirmation link, you grant us your consent for the use of your personal data in accordance with Art. 6(1)(a) GDPR. In doing so, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data collected by us during registration for the newsletter is used strictly for the intended purpose.
You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a corresponding message to the controller mentioned at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distributor immediately, unless you have expressly consented to further use of your data or we reserve the right to further data usage that is legally permitted and about which we inform you in this statement.
7.2 Shopping Cart Reminders by E-Mail
In the event that you abandon your purchase with us before completing the order, you have the option of being reminded of the content of your virtual shopping cart once by e-mail.
The only mandatory information for sending this reminder is your e-mail address. The provision of further data is voluntary and may be used to address you personally. For e-mail dispatch, we use the so-called double opt-in procedure, which ensures that you only receive a notification if you have expressly confirmed your relevant consent by clicking on a verification link sent to the e-mail address provided.
By activating the confirmation link, you grant us your consent for the use of your personal data in accordance with Art. 6(1)(a) GDPR for the purpose of sending a shopping cart reminder. In doing so, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data collected by us when registering for our e-mail notification service is used strictly for the intended purpose.
You can unsubscribe from shopping cart reminders at any time by sending a corresponding message to the controller mentioned at the beginning. After unsubscribing, your e-mail address will be deleted immediately from our distribution list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to further data usage that is legally permitted and about which we inform you in this statement.
8) Data Processing for Order Processing
8.1 Insofar as necessary for the performance of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6(1)(b) GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data provided by you during the order process in order to inform you personally within the scope of our statutory information obligations in accordance with Art. 6(1)(c) GDPR. Your contact data will be used strictly for the purpose of notifications about updates owed by us and will only be processed by us to the extent necessary for the respective information.
To process your order, we also work together with the service provider(s) listed below, who support us entirely or partially in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
8.2 Disclosure of Personal Data to Shipping Service Providers
- DPD
As a transport service provider, we use the following provider: DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg, Germany
We pass on your e-mail address and/or phone number to the provider in accordance with Art. 6(1)(a) GDPR before the delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent for this in the ordering process. Otherwise, we only pass on the recipient's name and the delivery address to the provider for the purpose of delivery in accordance with Art. 6(1)(b) GDPR. Disclosure only takes place insofar as this is necessary for the delivery of goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.
Consent can be revoked at any time with effect for the future towards the controller designated above or towards the provider.
8.3 Use of Payment Service Providers
- Apple Pay
If you choose the payment method "Apple Pay" from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment processing takes place via the "Apple Pay" function of your device operated with iOS, watchOS, or macOS by charging a payment card stored in "Apple Pay". Apple Pay uses security features integrated into the hardware and software of your device to protect your transactions. To authorize a payment, entering a code previously set by you as well as verification via the "Face ID" or "Touch ID" function of your device is required.
For the purpose of payment processing, the information provided by you during the order process, along with information about your order, is transmitted to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay for the execution of the payment. Encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm payment success.
Insofar as personal data is processed during the described transmissions, processing takes place exclusively for the purpose of payment processing in accordance with Art. 6(1)(b) GDPR.
Apple stores anonymized transaction data, including the approximate purchase amount, approximate date and time, and whether the transaction was completed successfully. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve "Apple Pay" and other Apple products and services.
When you use Apple Pay on the iPhone or Apple Watch to complete a purchase made via Safari on the Mac, the Mac and the authorization device communicate via an encrypted channel on Apple servers. Apple does not process or store any of this information in a format that can identify you. You can deactivate the ability to use Apple Pay on your Mac in the settings of your iPhone. Go to "Wallet & Apple Pay" and deactivate "Allow Payments on Mac".
Further information on data protection at Apple Pay can be found at the following internet address: https://support.apple.com/de-de/HT203027
- Google Pay
If you choose the payment method "Google Pay" from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), payment processing takes place via the "Google Pay" application of your mobile device operated with at least Android 4.4 ("KitKat") and equipped with an NFC function by charging a payment card stored in Google Pay or a payment system verified there (e.g., PayPal). To authorize a payment via Google Pay in the amount of more than €25, prior unlocking of your mobile device via the respective established verification measure (such as facial recognition, password, fingerprint, or pattern) is required.
For the purpose of payment processing, the information provided by you during the order process, along with information about your order, is transmitted to Google. Google then transmits your payment information stored in Google Pay to the source website in the form of a one-time transaction number, with which a successful payment is verified. This transaction number does not contain any information about the actual payment data of your means of payment stored in Google Pay, but is created and transmitted as a one-time valid numeric token. For all transactions via Google Pay, Google acts solely as an intermediary for processing the payment process. The execution of the transaction takes place exclusively in the relationship between the user and the source website by charging the means of payment stored in Google Pay.
Insofar as personal data is processed during the described transmissions, processing takes place exclusively for the purpose of payment processing in accordance with Art. 6(1)(b) GDPR.
Google reserves the right to collect, store, and evaluate certain process-specific information for every transaction made via Google Pay. This includes the date, time, and amount of the transaction, merchant location and description, a description provided by the merchant of the goods or services purchased, photos you have attached to the transaction, the name and e-mail address of the seller and buyer or the sender and recipient, the payment method used, your description for the reason of the transaction, and, if applicable, the offer associated with the transaction.
According to Google, this processing takes place exclusively in accordance with Art. 6(1)(f) GDPR based on the legitimate interest in proper accounting, verification of transaction data, and optimization and maintenance of the functionality of the Google Pay service.
Google also reserves the right to merge the processed transaction data with other information collected and stored by Google when using other Google services.
The terms of use for Google Pay can be found here:
Further information on data protection at Google Pay can be found at the following internet address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de
- iDeal
On this website, one or more online payment methods of the following provider are available: Currence Holding BV, Beethovenstraat 300 Amsterdam, Netherlands
When selecting a payment method of the provider for which you make an advance payment (e.g., credit card payment), your payment data provided during the order process (including name, address, bank and payment card information, currency, and transaction number) as well as information about the content of your order will be passed on to them in accordance with Art. 6(1)(b) GDPR. The disclosure of your data in this case takes place exclusively for the purpose of payment processing with the provider and only insofar as it is necessary for this.
- Klarna
On this website, one or more online payment methods of the following provider are available: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden
When selecting a payment method of the provider for which you make an advance payment (e.g., credit card payment), your payment data provided during the order process (including name, address, bank and payment card information, currency, and transaction number) as well as information about the content of your order will be passed on to them in accordance with Art. 6(1)(b) GDPR. The disclosure of your data in this case takes place exclusively for the purpose of payment processing with the provider and only insofar as it is necessary for this.
When selecting a payment method for which the provider makes an advance payment (e.g., invoice or installment purchase or direct debit), you will also be asked in the order process to provide certain personal data (first and last name, street, house number, zip code, city, date of birth, e-mail address, phone number, if applicable, data for an alternative means of payment).
To safeguard our legitimate interest in determining the creditworthiness of our customers, this data is forwarded by us to the provider for the purpose of a credit check in accordance with Art. 6(1)(f) GDPR. The provider checks, on the basis of the personal data provided by you as well as other data (such as shopping cart, invoice amount, order history, payment experiences), whether the payment option selected by you can be granted with regard to payment and/or default risks.
For the decision within the scope of the application review, in addition to internal provider criteria, identity and creditworthiness information from the following credit agencies can also be included in accordance with Art. 6(1)(f) GDPR:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report can contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, flows into the calculation of score values, but is not limited to this.
You can object to this processing of your data at any time by sending a message to us or the provider. However, the provider may remain entitled to process your personal data if this is necessary for contractual payment processing.
- Paypal
On this website, one or more online payment methods of the following provider are available: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
When selecting a payment method of the provider for which you make an advance payment, your payment data provided during the order process (including name, address, bank and payment card information, currency, and transaction number) as well as information about the content of your order will be passed on to them in accordance with Art. 6(1)(b) GDPR. The disclosure of your data in this case takes place exclusively for the purpose of payment processing with the provider and only insofar as it is necessary for this.
When selecting a payment method for which we make an advance payment, you will also be asked in the order process to provide certain personal data (first and last name, street, house number, zip code, city, date of birth, e-mail address, phone number, if applicable, data for an alternative means of payment).
To safeguard our legitimate interest in determining your creditworthiness in such cases, this data is forwarded by us to the provider for the purpose of a credit check in accordance with Art. 6(1)(f) GDPR. The provider checks, on the basis of the personal data provided by you as well as other data (such as shopping cart, invoice amount, order history, payment experiences), whether the payment option selected by you can be granted with regard to payment and/or default risks.
The credit report can contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, flows into the calculation of score values, but is not limited to this.
You can object to this processing of your data at any time by sending a message to us or the provider. However, the provider may remain entitled to process your personal data if this is necessary for contractual payment processing.
8.4 Electronic Withdrawal Function for Distance Contracts
Consumers who conclude contracts on this website where a statutory right of withdrawal exists have the option to declare the withdrawal via an electronic withdrawal function in accordance with the applicable withdrawal provisions.
When using the withdrawal function, in addition to information for identifying the contract to be withdrawn, further personal information such as the first and last name as well as the e-mail address of the consumer must be provided or confirmed.
The collection of this information and its transmission to us takes place here in accordance with Art. 6(1)(b) GDPR and only to the extent that it is necessary for the proper processing of the withdrawal. Also based on Art. 6(1)(b) GDPR, the provided personal data is used to confirm receipt of the withdrawal notice by e-mail. A further legal basis for processing is Art. 6(1)(c) GDPR. We are legally obliged to provide an electronic withdrawal function for distance consumer contracts subject to payment.
9) Web Analytics Services
Google Analytics 4
This website uses Google Analytics 4, a web analytics service from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which enables an analysis of your use of our website.
By default, when visiting the website, Google Analytics 4 sets cookies, which are stored as small text snippets on your device and collect certain information. The scope of this information also includes your IP address, which, however, is truncated by Google by the last digits to exclude a direct personal reference.
The information is transmitted to Google servers and processed there. Transmissions to Google LLC based in the USA are also possible.
Google uses the collected information on our behalf to evaluate your use of the website, to compile reports on website activities for us, and to provide further services associated with website use and internet use. The IP address transmitted by your browser within the framework of Google Analytics and truncated is not merged with other Google data. The data collected within the framework of the use of Google Analytics 4 is stored for a duration of two months and subsequently deleted.
All processing described above, in particular the setting of cookies on the device used, only takes place if you have given us your express consent for this in accordance with Art. 6(1)(a) GDPR. Without your consent, Google Analytics 4 will not be used during your site visit. You can revoke your given consent at any time with effect for the future. To exercise your right of revocation, please deactivate this service via the "Cookie Consent Tool" provided on the website.
We have concluded a data processing agreement with Google, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.
Further legal information on Google Analytics 4 can be found at https://business.safety.google/intl/de/privacy/, https://policies.google.com/privacy?hl=de&gl=de and under https://policies.google.com/technologies/partner-sites
Demographic Features
Google Analytics 4 uses the special "demographic features" function and can use it to create statistics that make statements about the age, gender, and interests of site visitors. This is done by analyzing advertising and information from third-party providers. This allows target groups to be identified for marketing activities. However, the collected data cannot be assigned to a specific person and is deleted after storage for a duration of two months.
Google Signals
As an extension to Google Analytics 4, Google Signals can be used on this website to create cross-device reports. If you have activated personalized ads and have linked your devices with your Google account, Google can, subject to your consent to the use of Google Analytics in accordance with Art. 6(1)(a) GDPR, analyze your usage behavior across devices and create database models, among other things for cross-device conversions. We do not receive any personal data from Google, only statistics. If you want to stop cross-device analysis, you can deactivate the "Personalized Advertising" function in the settings of your Google account. To do this, follow the instructions on this page: https://support.google.com/My-Ad-Center-Help/answer/12155764?hl=cs
Further information on Google Signals can be found under the following link: https://support.google.com/analytics/answer/7532985?hl=cs
UserIDs
As an extension to Google Analytics 4, the "UserIDs" function can be used on this website. If you have consented to the use of Google Analytics 4 in accordance with Art. 6(1)(a) GDPR, have set up an account on this website, and log in to this account on different devices, your activities, including conversions, can be analyzed across devices.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision of the European Commission.
10) Retargeting/ Remarketing and Conversion Tracking
Meta Pixel
Within our online presence, we use the "Meta Pixel" service provided by the following company: Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Meta").
If a user clicks on an advertisement placed by us on Facebook and/or Instagram, the URL of our linked page is extended by a parameter using "Meta Pixel". After redirection, this URL parameter is entered into the user's browser by a cookie that our linked page itself sets.
On one hand, this enables Meta to determine the visitors to our online presence as a target group for the display of advertisements (so-called "Ads"). Accordingly, we use the service to ensure that the Facebook and/or Instagram ads we place are shown only to users who have shown an interest in our online offerings or who possess specific characteristics (e.g., interests in certain topics or products, determined based on visited websites) that we transmit to Meta (so-called "Custom Audiences").
On the other hand, the "Meta Pixel" allows us to track whether users were redirected to our website after clicking on an advertisement and what actions they perform there (so-called "Conversion Tracking").
The collected data is anonymous to us, meaning it does not allow us to draw any conclusions about the identity of the users. However, the data is stored and processed by Meta, so that a connection to the respective user profile is possible and Meta can use the data for its own advertising purposes.
All processing described above, in particular the setting of cookies to read information on the terminal device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) (a) GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" provided on the website.
We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.
The information generated by Meta is generally transmitted to a Meta server and stored there; in this context, transmission to servers of Meta Platforms Inc. in the USA may also occur.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.
11) Rights of the Data Subject
11.1 The applicable data protection law grants you the following data subject rights (access and intervention rights) vis-à-vis the controller regarding the processing of your personal data, with reference to the stated legal basis for the respective exercise requirements:
- Right of access pursuant to Art. 15 GDPR;
- Right to rectification pursuant to Art. 16 GDPR;
- Right to erasure pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to be informed pursuant to Art. 19 GDPR;
- Right to data portability pursuant to Art. 20 GDPR;
- Right to withdraw consent given pursuant to Art. 7 (3) GDPR;
- Right to lodge a complaint pursuant to Art. 77 GDPR.
11.2 RIGHT TO OBJECT
WHERE WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
12) Duration of storage of personal data
The duration of the storage of personal data is determined based on the respective legal basis, the purpose of the processing and – if applicable – additionally based on the respective statutory retention period (e.g., commercial and tax law retention periods).
When processing personal data on the basis of express consent pursuant to Art. 6 (1) (a) GDPR, the data concerned is stored until you revoke your consent.
If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, this data is routinely deleted after the expiry of the retention periods, provided it is no longer required for the fulfillment of the contract or initiation of the contract and/or there is no longer a legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the other information in this declaration regarding specific processing situations, stored personal data is otherwise deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
