Privacy Policy
The following privacy policy applies to the use of our website.
We attach great importance to privacy. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
01 responsible person
Responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR
Xiyu Tomorrow
Am Veringhof 23B
21107 Hamburg
hi@xiyutomorrow.com
If you wish to object to the collection, processing or use of your data by us in accordance with this Privacy Policy as a whole or for individual measures, you can address your objection to the person responsible.
You can save and print this privacy policy at any time.
02 General purposes of processing
We use personal information for the purpose of operating the website.
03 What data we use and why
03.1 Hosting
The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate the website.
In doing so, we or our hosting provider processes inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this website on the basis of our legitimate interests in an efficient and secure provision of our website acc. Art. 6 para. 1 sentence 1 f) in combination with Art. 28 GDPR.
03.2 Access data
We collect information about you when you use this website. We automatically collect information about your usage and interaction with us and register information about your computer or mobile device. We collect, store and use data about every access to our website (so-called server log files). Access data includes:
– Name and URL of the retrieved file
– Date and time of retrieval
– transferred amount of data
– message about successful retrieval (HTTP response code)
– browser type and browser version
– Operating system
– Referer URL (i.e. the previously visited page)
– Websites that are accessed by the user’s system through our website
– Internet service provider of the user
– IP address and the requesting provider
We use this log data without assignment to you or other profiling for statistical analysis for the purpose of operation, security and optimization of our website, but also for the anonymous recording of the number of visitors to our website (traffic) and the scope and nature of Use of our website and services, as well as for billing purposes, to measure the number of clicks received from cooperation partners. This information enables us to provide personalized and location-based content, analyze traffic, troubleshoot and improve our services.
This is also our legitimate interest in accordance with Article 6 paragraph 1 p. 1 f) GDPR.
We reserve the right to check the log data retrospectively if, on the basis of concrete evidence, the legitimate suspicion of unlawful use exists. We store IP addresses in the log files for a limited period if necessary for security purposes or for the provision of services or the billing of a service, eg. Eg if you use one of our offers. After termination of the order process or after receipt of payment, we will delete the IP address if it is no longer required for security purposes. We store IP addresses even if we have a specific suspicion of a crime in connection with the use of our website. In addition, as part of your account, we save the date of your last visit (for example, when registering, logging in, clicking links, etc.).
03.3 Cookies
03.4 Data to fulfill our contractual obligations
We process personal data that we need to fulfill our contractual obligations, such as name, address, e-mail address, ordered products, billing and payment data. The collection of this data is required for the conclusion of the contract.
The deletion of the data takes place after expiry of the warranty periods and legal retention periods. Any data associated with a user account (see below) will in any case be retained for the time this account is maintained.
The legal basis for the processing of this data is Article 6 (1) sentence 1 (b) GDPR, because this data is needed so that we can fulfill our contractual obligations to you.
03.5 user account
You can create a user account on our website. If you wish this, we need the personal data requested during login. Later logins will only require your email or username and the password you have chosen.
For the new registration we collect master data (eg name, address), communication data (eg e-mail address) and payment data (bank details) as well as access data (user name and password).
In order to ensure your proper registration and to prevent unauthorized log-ins by third parties, you will receive an activation link by e-mail after your registration in order to activate your account. Only after registration, we permanently store the data transmitted by you in our system.
You can have a user account created at any time deleted from us, without incurring any costs other than the transmission costs according to the basic rates. A text message to the contact details referred to in point 1 (eg e-mail, fax, letter) is sufficient. We will then delete your stored personal data, as far as we do not have to store them for the processing of orders or due to legal storage obligations.
The legal basis for the processing of this data is your consent in accordance with Art. 6 (1) sentence 1 a) GDPR.
03.6 E-Mail contact
If you contact us (eg via contact form or e-mail), we will process your details for the processing of the request as well as for the case that follow-up questions arise.
If the data processing takes place for the execution of pre-contractual measures, which take place upon your request, or, if you are already our customer, for the execution of the contract, the legal basis for this data processing is Art. 6 para. 1 p. 1 b) GDPR.
We process further personal data only if you consent to it (Article 6 (1) sentence 1 a) GDPR) or we have a legitimate interest in the processing of your data (Article 6 (1) sentence 1 f) GDPR) , A legitimate interest lies z. For example, respond to your email.
04 Google Analytics
We use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about the use of this website by the site visitors are usually transmitted to a Google server in the USA and stored there.
This is also our legitimate interest in accordance with Article 6 paragraph 1 p. 1 f) GDPR.
Google has submitted to the Privacy Shield Agreement between the European Union and the United States and certified. As a result, Google agrees to comply with the standards and regulations of European data protection law. Further information can be found in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
Google will use this information on our behalf to evaluate your use of the website, to compile reports on website activity, and to provide us with other services related to website activity and internet usage.
The IP address provided by Google Analytics within the framework of Google Analytics will not be merged with other data provided by Google. You can prevent the storage of cookies by a corresponding setting of your browser software; however, we point out that in this case you may not be able to use all the functions of this website in full.
In addition, you may prevent the transmission to Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=en.
05 storage duration
Unless specifically stated, we store personal data only as long as necessary to fulfill the purposes pursued.
In some cases, the legislator provides for the retention of personal data, for example in tax or commercial law. In these cases, the data will be stored by us only for these legal purposes, but not otherwise processed and deleted after expiration of the statutory retention period.
06 Your rights as a data controller
Under applicable law, you have various rights to your personal information. If you would like to assert these rights, please send your request by e-mail or by post with a clear identification of your person to the address stated in section 1.
Below is an overview of your rights.
06.1 Right to confirmation and information
You have the right to clear information about the processing of your personal data.
In detail:
You have the right at any time to obtain confirmation from us as to whether personal data relating to you are being processed. If this is the case, you have the right to request free information from us about the personal data stored with you and a copy of this data. Furthermore, there is a right to the following information:
– the processing purposes;
– the categories of personal data being processed;
– the recipients or categories of recipients to whom the personal data have been or are being disclosed, in particular in the case of beneficiaries in third countries or international organizations;
– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration;
– the right of rectification or erasure of the personal data concerning you or restriction of processing by the person responsible or a right to object to such processing;
– the existence of a right of appeal to a supervisory authority;
– if the personal information is not collected from you, all available information about the source of the data;
– the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, and the scope and intended impact of such processing on you.
If personal data are transmitted to a third country or to an international organization, you have the right to be informed about the appropriate guarantees under Art. 46 GDPR in connection with the transfer.
06.2 Right to rectification
You have the right to demand that we correct and, if necessary, complete your personal data.
In detail:
You have the right to demand immediate correction of incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.
06.3 Right to be deleted (“Right to be forgotten”)
In a number of cases, we are required to delete your personal information.
In detail:
According to Art. 17 (1) GDPR, you have the right to request that you delete your personal data without delay and we are obliged to delete your personal data immediately, if one of the following reasons applies:
– The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
– They revoke their consent, on which the processing was based on Art. 6 (1) sentence 1 a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
– In accordance with Art. 21 (1) GDPR, you object to the processing and there are no legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 (2) GDPR.
– The personal data were processed unlawfully.
– The deletion of personal data is required to fulfill a legal obligation under Union or national law to which we are subject.
– The personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
If we have made the personal data public and if we are obliged to delete it pursuant to Art. 17 (1) GDPR, we shall take appropriate measures, including technical ones, for data controllers, who are responsible for the personal data, taking into account the available technology and the implementation costs Process Data, informing you that you have requested the deletion of any links to such personal information or copies or replications of such Personal Information.
06.4 Right to restriction of processing
In a number of cases, you may request that we restrict the processing of your personal information.
In detail:
You have the right to ask us to restrict processing if one of the following conditions is met:
– you will contest the accuracy of your personal information for a period of time that enables us to verify the accuracy of your personal information,
– the processing is unlawful and you have objected to the deletion of personal data and have instead requested the restriction of the use of personal data;
– we no longer need the personal data for processing purposes, but you need the data to assert, exercise or defend your rights, or
– You have objected to the processing according to Art. 21 (1) GDPR, as long as it is not certain whether the legitimate reasons of our company outweigh yours.
06.5 The right to data portability
You have the right to receive, transmit or transmit any personal data concerning you in a machine-readable manner.
In detail:
You have the right to receive the personal information you have provided to us in a structured, common and machine-readable format, and you have the right to transfer that information to another person without hindrance, provided that
– the processing is based on a consent pursuant to Article 6 (1) sentence 1 a) GDPR or Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) (b) GDPR; and
– the processing is done using automated procedures.
In exercising your right to data portability in accordance with paragraph 1, you have the right to obtain that the personal data are transmitted directly by us to another party, as far as technically feasible.
06.6 Right to object
You have the right to object to the lawful processing of your personal data by us if this is based on your particular situation and if our interests in processing do not prevail.
In detail:
You have the right to object at any time to the processing of personal data relating to you on the basis of your particular situation, which occurs on the basis of Article 6 (1) sentence 1 (e) or (f) GDPR; this also applies to profiling based on these provisions. We no longer process personal information unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims.
If personal data are processed by us in order to operate direct mail, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
You have the right, for reasons arising from your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes under Article 89 (1) of the GDPR Unless the processing is necessary to fulfill a public interest task.
06.7 Automated decisions including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner.
There is no automated decision-making based on personal data collected.
06.8 Right to revoke a data protection consent
You have the right to revoke your consent to the processing of personal data at any time.
06.9 Right to complain to a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data is unlawful.
07 Data security
We make every effort to ensure the security of your data within the framework of applicable data protection laws and technical possibilities.
Your personal data is transmitted encrypted with us. We use the SSL (Secure Socket Layer) coding system, but point out that data transmission over the Internet (for example, when communicating via e-mail) may have security vulnerabilities. A complete protection of the data from access by third parties is not possible.
To safeguard your data, we maintain technical and organizational security measures in accordance with Art. 32 DSGVO, which we always adapt to state-of-the-art technology.
We also do not warrant that our offer will be available at specific times; Disturbances, interruptions or failures can not be excluded. The servers we use are regularly backed up carefully.
08 Disclosure of data to third parties
Basically, we only use your personal data within our company.
If and to the extent that we engage third parties in the performance of contracts (such as logistics service providers), these personal data will only be received to the extent that the transmission is required for the corresponding service.
In the event that we outsource certain parts of the data processing (“order processing”), we contractually obligate the processor to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the data subject’s rights.
2019