PRIVACY POLICY

We are delighted that you are interested in our company. Data protection is of particular importance to the management of Growww GmbH & Co. KG. Our websites can generally be used without providing any personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. Where processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, for example the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and the country-specific data protection provisions applicable to Growww GmbH & Co. KG. With this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, Growww GmbH & Co. KG has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of Growww GmbH & Co. KG is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand, both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

Among others, we use the following terms in this privacy policy:

• a) Personal data

  Personal data means any information relating to an identified or identifiable natural person (hereinafter “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 to 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 means any identified or identifiable natural person whose personal data is processed by the controller.

• c) Processing

  Processing means any operation or set of operations which is performed on 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 means 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 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.

• g) Controller

  Controller means 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. 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 means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i) Recipient

  Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which 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.

• j) Third party

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

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Growww GmbH & Co. KG
Riehler Platz 3
50668 Cologne
Germany

Tel.: +49-(0)221-71568111
Email: contact@growww.de
Website: www.growww.de

3. Collection of general data and information

Each time a data subject or an automated system accesses the website of Growww GmbH & Co. KG, a series of general data and information is collected. This general data and information is stored in the server log files. The data 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 referrer), (4) the sub-pages accessed via an accessing system on our website, (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) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

Growww GmbH & Co. KG draws no conclusions about the data subject from this data. However, the data, in particular the IP address, is personal data. We process it on the basis of Art. 6(1)(f) GDPR, because it is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. The data is therefore evaluated, on the one hand, statistically in aggregated form and, on the other, with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The data in the server log files is stored separately from all personal data provided by a data subject.

Server log files are deleted after 90 days. For evaluation, we use the server-side statistics software AWStats. The statistics generated with it remain available for up to twelve months retroactively, may contain IP addresses and are deleted thereafter.

Our websites are hosted by Host Europe GmbH, c/o Spaces, Gertrudenstraße 30-36, 50667 Cologne, Germany. Host Europe GmbH processes the server log files on our behalf on the basis of a data processing agreement pursuant to Art. 28 GDPR.

The fonts on our websites are delivered from our own server. No data is retrieved from Google or other font providers for this purpose.

Klinik-Check (check.growww.de): The above information also applies to the Klinik-Check. After the last question, your browser additionally retrieves a small image file from our own server. This tells us how often the Klinik-Check has been completed. Your answers and your result are neither transmitted nor stored in the process. In the Klinik-Check we do not use cookies and we do not store or read any information on your device.

4. Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

5. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.

• b) Right of access

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller, free of charge and at any time, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipients to whom the personal data has 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 concerning the data subject or restriction of processing, or to object to such processing
  • the existence of the right to lodge a complaint with a supervisory authority
  • where the personal data is not collected from the data subject: any available information as to its source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 has a right of access as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.

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

• c) Right to rectification

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has 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 contact an employee of the controller at any time.

• d) Right to erasure (right to be forgotten)

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:

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

  If one of the above grounds applies and a data subject wishes to have personal data stored by Growww GmbH & Co. KG erased, he or she may contact an employee of the controller at any time. The employee of Growww GmbH & Co. KG will ensure that the request for erasure is complied with without undue delay.

  Where the personal data has been made public by Growww GmbH & Co. KG and our company, as controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, Growww GmbH & Co. KG, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copy or replication of, that personal data, insofar as processing is not necessary. The employee of Growww GmbH & Co. KG will arrange the necessary measures in individual cases.

• e) Right to restriction of processing

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:

  • 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, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
  • The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Growww GmbH & Co. KG, he or she may contact an employee of the controller at any time. The employee of Growww GmbH & Co. KG will arrange the restriction of the processing.

• f) Right to data portability

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which was provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and 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 his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

  To assert the right to data portability, the data subject may contact an employee of Growww GmbH & Co. KG at any time.

• g) Right to object

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

  In the event of an objection, Growww GmbH & Co. KG will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

  If Growww GmbH & Co. KG processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Growww GmbH & Co. KG to processing for direct marketing purposes, Growww GmbH & Co. KG 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 Growww GmbH & Co. KG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  To exercise the right to object, the data subject may contact any employee of Growww GmbH & Co. KG directly or any other employee. The data subject is also 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

  Every data subject affected by the processing of personal data has 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, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is 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 based on the data subject’s explicit consent.

  If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, Growww GmbH & Co. KG will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

  If the data subject wishes to exercise rights relating to automated decisions, he or she may contact an employee of the controller at any time.

• i) Right to withdraw consent under data protection law

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

  If the data subject wishes to exercise the right to withdraw consent, he or she may contact an employee of the controller at any time.

6. Legal basis of the processing

Art. 6(1)(a) GDPR serves our company 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, for processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6(1)(d) GDPR.

Finally, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations which are not covered by any of the aforementioned legal bases, if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests, fundamental rights and freedoms of the data subject. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, second sentence, GDPR).

7. Legitimate interests in the processing pursued by the controller or a third party

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

For the processing of the server log files, including the counting of completed Klinik-Checks, our legitimate interest lies in the secure and error-free operation of our websites and in the statistical evaluation of their use.

8. Period for which the personal data will be stored

The criterion for the period of storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely erased, provided that it is no longer necessary for the performance or initiation of a contract.

By way of derogation, server log files are deleted after 90 days. The statistics generated from them are deleted after twelve months.

9. Statutory or contractual requirements to provide personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner).

Occasionally it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which we must subsequently process. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.

10. Existence of automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Neu-Ulm, in cooperation with the IT and data protection law attorney Christian Solmecke.

As of: 4 October 2026