1. General information

We, as the operator of https://www.primal-state.de/, take the protection of personal data very seriously. We treat personal data confidentially and in accordance with the statutory data protection regulations and on the basis of this data protection declaration. The legal basis can be found in particular in the data protection General Data Protection Regulation (GDPR).

When you use this website, various personal data will be processed depending on the type and extent of use. Personal data is information that relates to an identified or identifiable natural person (hereinafter "data subject"); a natural person is considered identifiable if he or she can be identified directly or indirectly (e.g. by means of assignment to an online identifier). This includes information such as the name, address, telephone number and date of birth.

This privacy policy informs you in accordance with Art. 12 ff. GDPR about how we handle your personal data when you use our website. In particular, it explains which data we collect and what we use it for. It also informs you how and for what purpose this happens.

1. responsible person

The controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.). The controller within the meaning of the GDPR and the applicable national data protection laws as well as other data protection regulations is:

Primal State Performance GmbH (hereinafter: Primal State)
Pappelallee 78/79
10437 Berlin
Email: datenschutz@primal-state.de
Tel.: 030 63915199

You can also use these contact details to reach our data protection officer or another contact relevant to data protection. Please contact us at any time if you have specific questions about your data, its deletion or your rights.

1. access data and hosting

For the purpose of the technical provision of the website, it is necessary that we process certain information automatically transmitted by your browser so that our website can be displayed in your browser and you can use the website. This information is automatically recorded each time our website is accessed and automatically saved in so-called server log files. These are:

• browser type and version
• operating system used
• Website from which access is made (referrer URL)
• hostname of the accessing computer
• date and time of access
• IP address of the requesting computer

The storage of the aforementioned access data is necessary for technical reasons in order to provide a functional website and to ensure system security. This also applies to the storage of your IP address, which is necessary and, under other conditions, can at least theoretically enable it to be assigned to you personally. In addition to the purposes mentioned above, we use server log files exclusively to design and optimize our website in line with your needs, purely statistically and without drawing any conclusions about you personally. This data is not merged with other data sources, nor is the data evaluated for marketing purposes.

The access data collected when using our website is only stored for the period for which this data is required to achieve the above purposes. Your IP address is stored on our web server for a maximum of 7 days for IT security purposes.

If you visit our website to find out about our range of products and services or to use them, the basis for the temporary storage and processing of access data is Art. 6 Paragraph 1 Clause 1 Letter b of GDPR (legal basis), which permits the processing of data to fulfill a contract or to carry out pre-contractual measures. In addition, Art. 6 Paragraph 1 Clause 1 Letter f of GDPR serves as the legal basis for the temporary storage of technical access data. Our legitimate interest here is to be able to provide you with a technically functioning and user-friendly website and to ensure the security of our systems.

hosting services provided by a third party

As part of processing on our behalf, a third-party provider provides us with the services for hosting and displaying the website. This serves to protect our legitimate interests in a correct presentation of our offer, which prevail within the framework of a balancing of interests, in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR. All data collected as part of the use of this website or in the forms provided for this purpose in the online shop as described below are processed on their servers. Processing on other servers only takes place within the framework explained here.

This service provider is located within a country of the European Union or the European Economic Area.

1. Data processing for contract processing and when opening a customer account

We collect personal data when you voluntarily provide it to us as part of your order, when contacting us (e.g. via contact form or email) or when opening a customer account. Mandatory fields are marked as such because in these cases we absolutely need the data to process the contract or to process your contact or opening the customer account and you cannot complete the order and/or open the account or send the contact without providing this data. Which data is collected can be seen from the respective input forms. We use the data you provide in accordance with Art. 6 Paragraph 1 Clause 1 Letter b of GDPR to process the contract and process your inquiries. After the contract has been fully processed or your customer account has been deleted, your data will be restricted for further processing and deleted after the tax and commercial retention periods have expired, unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we inform you in this declaration. You can delete your customer account at any time by sending a message to the contact option described below or using a function provided for this purpose in your customer account.

1. data transfer

In order to fulfil the contract in accordance with Art. 6 Paragraph 1 Clause 1 Letter b of GDPR, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service in order to process payments. In some cases, the selected payment service providers also collect this data themselves if you create an account with them. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the data protection declaration of the respective payment service provider applies.

data transfer to payment service providers

If you pay in advance, the payment is processed by Komfortkasse. In this case, we pass on some of your order data (name, order number, email address, amount, currency, country) to LTC Information Services GmbH as part of the payment processing. You can find Komfortkasse's data protection regulations here: https://komfortkasse.eu/datenschutz . The data is passed on exclusively for the purpose of payment processing.

data transfer to shipping service providers

If you have given us your express consent to do so during or after your order, we will pass on your telephone number to the selected shipping service provider in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR so that they can contact you before delivery for the purpose of notifying or coordinating the delivery.

Consent can be revoked at any time by sending a message to the contact option described below or directly to the shipping service provider at the contact address listed below. After revocation, we will delete the data you have provided for this purpose unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration.

Deutsche Post AG
data protection officer
Gabriela Krader, LL.M.
53250 Bonn
Germany

1. email newsletters and direct mail advertising

email advertising with newsletter registration

If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to regularly send you our e-mail newsletter based on your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR.

You can unsubscribe from the newsletter at any time by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration.

E-mail advertising without registration for the newsletter and your right of objection

If we receive your email address in connection with the sale of a product or service and you have not objected to this, we reserve the right to regularly send you offers for similar products from our range to those you have already purchased by email on the basis of Section 7 Paragraph 3 of the German Act Against Unfair Competition. This serves to protect our legitimate interests in advertising to our customers, which prevail in the context of a balancing of interests. You can object to this use of your email address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising email, without incurring any costs other than the transmission costs according to the basic rates.

The newsletter is sent as part of processing on our behalf by Infusion Software, Inc. (www.infusionsoft.com), to whom we pass on your email address for this purpose. Infusion Software, Inc. is based in the USA. To ensure compliance with European data protection standards, including when data is transferred from the EU or EEA to the USA and possibly further processed there, Infusion Software, Inc. relies on the so-called standard contractual clauses of the European Commission, which we have contractually agreed with Infusion Software, Inc.

Postal advertising and your right to object

In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by post. This serves to protect our legitimate interests in advertising to our customers, which prevail within the framework of a balancing of interests, in accordance with Art. 6 Para. 1 Clause 1 Letter f of GDPR.

1. Integration of the Trusted Shop Trustbadge

The Trusted Shops Trustbadge is integrated into this website to display our Trusted Shops seal of approval and the collected reviews as well as to offer Trusted Shops products to buyers after an order.

This serves to safeguard our legitimate interests in the optimal marketing of our offer in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR, which prevail within the framework of a balancing of interests. The Trustbadge and the services advertised with it are an offer from Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When the Trustbadge is called up, the web server automatically saves a so-called server log file, which contains, for example, your IP address, date and time of retrieval, amount of data transferred and the requesting provider (access data) and documents the retrieval. This access data is not evaluated and is automatically overwritten no later than seven days after the end of your visit to the site. Other personal data is only transferred to Trusted Shops if you have consented to this, decide to use Trusted Shops products after completing an order or have already registered to use them. In this case, the contractual agreement concluded between you and Trusted Shops applies.

1. Cookies and web analytics

In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to safeguard our legitimate interests in an optimized presentation of our offer in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR, which predominate in the context of a balancing of interests. Cookies are small text files that are automatically saved on your device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies). You can find out how long they are stored for in the overview in the cookie settings of your web browser. You can set your browser so that you are informed when cookies are set and decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:

• Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
• Safari™: https://support.apple.com/kb/ph21411?locale=de_DE
• Chrome™: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
• Firefox™: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
• Opera™: http://help.opera.com/Windows/10.20/de/cookies.html

If you do not accept cookies, the functionality of our website may be limited.

Use of Google (Universal) Analytics for web analysis

If you have given your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR (cookie consent functionality active on our website from May 25, 2018), this website uses Google (Universal) Analytics, a web analysis service provided by Google LLC (www.google.de), for the purpose of website analysis. Google (Universal) Analytics uses methods such as cookies that enable analysis of your use of the website. The automatically collected information about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics is generally not merged with other Google data. Once the purpose no longer applies and we no longer use Google Analytics, the data collected in this context will be deleted.

Google LLC has its headquarters in the USA. To ensure compliance with European data protection standards, including when data is transferred from the EU or EEA to the USA and possibly further processed there, Google LLC relies on the so-called standard contractual clauses of the European Commission, which we have contractually agreed with Google LLC.

You can withdraw your consent at any time with effect for the future by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de . This will prevent the collection of 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.

As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie will be stored on your device. If you delete your cookies, you will be asked to give your consent again.

1. advertising via marketing networks

Google AdWords Remarketing

We use Google Adwords to advertise this website in Google search results and on third-party websites. If you have given us your consent in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR (cookie consent functionality active on our website from May 25, 2018), when you visit our website, Google will set the so-called remarketing cookie, which automatically enables interest-based advertising using a pseudonymous cookie ID and based on the pages you visit. Once the purpose no longer applies and we no longer use Google AdWords remarketing, the data collected in this context will be deleted.

Any further data processing will only take place if you have given Google your consent to link your web and app browsing history to your Google account and to use information from your Google account to personalize ads that you see on the web. In this case, if you are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. To do this, Google will temporarily link your personal data to Google Analytics data to create target groups.

Google LLC has its headquarters in the USA. To ensure compliance with European data protection standards, including when data is transferred from the EU or EEA to the USA and possibly further processed there, Google LLC relies on the so-called standard contractual clauses of the European Commission, which we have contractually agreed with Google LLC.

You can revoke your consent at any time with effect for the future by deactivating the remarketing cookie via this link . You can also find out more about the use of cookies and make settings for this at the Digital Advertising Alliance .

Pinterest Conversion Tracking

This website uses the conversion tracking technology of the social network Pinterest (Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland), which enables website visitors who are already interested in the website and its content/offers and who are Pinterest members to also see advertisements and offers relevant to them on Pinterest. For this purpose, a so-called conversion tracking pixel from Pinterest is integrated into the pages, which tells Pinterest when you visit the website that you have visited the Primal State Performance GmbH website and which parts of our offer you are interested in. If, for example, you have shown an interest in subscriptions on the website, you may be shown an advert for these subscriptions on Pinterest.
You can object to the collection of data for the display of interest-based advertising on Pinterest at any time in your Pinterest account settings at https://www.pinterest.de/settings (there under “Individual customization” you can deactivate the button “Use information from our partners to better tailor recommendations and ads on Pinterest to you”) or at https://help.pinterest.com/de/article/personalization-and-data#info-ad (there you can deactivate the checkbox under “Disable individual customization”).

1. social media

Facebook fan page

For the information service offered here, Prima State uses the technical platform and services “Facebook” of Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin, Ireland (“Meta”).

According to the ECJ, there is joint responsibility within the meaning of Art. 26 GDPR between Meta and the operator of a Facebook fan page for the personal data processed via the Facebook fan page. For this reason, Meta and Prima State have concluded an agreement on joint responsibility, which you can access here.

Prima State provides you with the following information on data processing on our Facebook fan page:

(1) Responsible persons

The processing of your personal data on the Prima State Facebook fan page is carried out jointly with:

Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin, Ireland

(2) Data processing

When you access a Facebook fan page, the IP address of your device is transmitted to Meta. According to Meta, this IP address is anonymized and deleted after 90 days, at least if it is a German IP address. Meta also stores further information about its users' devices, e.g. the Internet browser used. This may enable Meta to assign IP addresses to individual users. If you are logged into your Facebook account while you visit our fan page, there will be a cookie with your Facebook ID on your device. This cookie enables Meta to understand that you have visited our fan page and how you have used it. Meta uses this information to present you with content or advertising tailored to you.

If you do not want this, you should log out of your Facebook account or deactivate the "stay logged in" function. We also recommend that you delete the cookies on your device and close and restart your browser. This process will delete Facebook information that Meta can use to link to you.

However, if you want to use the interactive functions of our fan page, you would have to log in to Facebook again using your Facebook login information. This will allow Meta to link to you again.

How Meta uses the data from visits to Facebook pages for its own purposes, to what extent activities on the Facebook page are assigned to individual users, how long Meta stores this data and whether data from a visit to the Facebook page is passed on to third parties is not conclusively and clearly stated by Meta and is not known to us. As a user of our fan page, we can only refer you to Meta's statements on data protection.

The data collected about you in this context will be processed by Meta and may be transferred to countries outside the European Union.

Meta describes in general terms what information it receives and how it is used in its data usage guidelines. There you will also find information about how to contact Meta and the options for configuring advertisements.

Meta’s full data policy can be found here:

https://www.facebook.com/about/privacy/previous

Objection options (so-called opt-out) can be set here: https://www.facebook.com/settings?tab=ads and here http://www.youronlinechoices.com

We, as operators of the Facebook fan page, cannot assess the transmission and further processing of users' personal data in third countries, such as the USA, and the associated potential risks for you as a user.

(3) Insight function

In addition, Meta provides a range of statistical data for Prima State as a fan page operator as part of the so-called "Insights" function. These statistics are generated and provided by Meta. We as the operator of the fan page have no influence on the generation of data, and in particular we cannot prevent this function. As part of the "Insights" function, the following information is presented to us for the categories "fans", "subscribers", "people reached" and "people interacting" for a selectable period of time:

Page activities such as page views, page previews, actions on the page; reach activities such as likes, people reached and recommendations; post activities such as post interactions, video views, comments, shares.

In addition, we are provided with statistical information about the Facebook groups linked to our fan page. In accordance with the Facebook Terms of Use, which each user has agreed to when creating a Facebook profile, we can also identify the page's subscribers and fans and view their profiles and other information shared by them.

Meta provides further information on this at the following link:

https://www.facebook.com/help/pages/insights

Prima State uses this data, which is available in aggregated form, to make contributions and activities on the fan page more attractive for users, such as for planning the content and timing of contributions. The legal basis for this data processing is Art. 6 Paragraph 1 Clause 1 Letter f of GDPR, namely our legitimate interest in optimizing our offering.

(4) Storage period

We store the information transmitted by Meta for a maximum period as long as your interest in deletion or anonymization does not outweigh it.

If you no longer wish the data processing described here in the future, please unlink your user profile from our fan page by using the functions “I no longer like this page” and/or “Unsubscribe from this page”.

(5) Your rights as a data subject

We recommend that you address any requests for information or other questions regarding your rights listed at the end of this privacy policy directly to Meta, as only Meta has full access to user data. If you still send us your request, it will of course still be processed and also forwarded to Meta.

integration of YouTube videos

We use the provider YouTube to embed videos. YouTube is operated by YouTube LLC, with headquarters at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Inc., with headquarters at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

When you access the pages of our website that contain such a plugin, a connection is established to the YouTube servers and the plugin is displayed. This transmits to the YouTube server which of our websites you have visited. If you are logged in as a YouTube member, YouTube assigns this information to your personal user account. When you use the plugin, e.g. by clicking the start button of a video, this information is also assigned to your user account. You can prevent this assignment by logging out of your YouTube user account and other user accounts of YouTube LLC and Google Inc. before using our website and deleting the corresponding cookies from the companies. You also have the option of deactivating third-party cookies using the cookie banner integrated on our website. However, you will then no longer be able to access the corresponding content via our website.

For information on the purpose and scope of data collection and the further processing and use of data by YouTube, as well as your rights and setting options to protect your privacy, please see YouTube's privacy policy: https://policies.google.com/privacy?hl=de&gl=de .

1. Sending review reminders by email

review reminder by Trusted Shops
If you have given us your express consent to do so during or after your order in accordance with Art. 6 Paragraph 1 Clause 1 Letter a of GDPR, we will transmit your email address to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne ( www.trustedshops.de ) so that they can send you a review reminder by email.

This consent can be revoked at any time by sending a message to the contact option described below or directly to Trusted Shops.

1. duration of data storage

We initially process and store your personal data for the period for which the respective purpose of use requires corresponding storage (see above for the individual processing purposes). This may also include the periods of initiation of a contract (pre-contractual legal relationship) and the execution of a contract. On this basis, personal data is regularly deleted as part of the fulfillment of our contractual and/or legal obligations, unless its temporary further processing is necessary for the following purposes:

• fulfillment of legal retention obligations
• Preservation of evidence taking into account the statute of limitations

1. contact

If you contact us using a contact option provided in this privacy policy or in the imprint or using our contact form, your details and the contact details you provide (e.g. name, email address) will be stored by us for the purpose of processing your request and in the event of follow-up questions. We do not pass this data on to third parties.

We will delete your inquiry(s) and your contact details once your inquiry has been answered. Your data will generally be stored for 6 months and deleted after this period, unless you send us any follow-up inquiries or we need to process the data for other purposes.

This data processing is carried out on the basis of Art. 6 Paragraph 1 Clause 1 Letter a of GDPR in conjunction with the consent you have given.

1. data security

We protect personal data using suitable technical and organizational measures to ensure an appropriate level of protection and to protect the personal rights of the persons concerned. The measures taken serve, among other things, to prevent unauthorized access to the technical facilities we use and to protect personal data from unauthorized access by third parties. In particular, this website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as your contact requests that you send to us as the website operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data that you send to us cannot be read by third parties. Nevertheless, we would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is therefore not possible.

15. Contact options and your rights

As a data subject, you have the following rights:

• pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
• pursuant to Art. 16 GDPR, you have the right to immediately request the rectification of inaccurate or completion of your personal data stored by us;
• pursuant to Art. 17 GDPR, you have the right to request the erasure of your personal data stored by us, unless further processing is necessary – to exercise the right to freedom of expression and information; – to fulfil a legal obligation; – for reasons of public interest or – to assert, exercise or defend legal claims;
• pursuant to Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data if – you contest the accuracy of the data; – the processing is unlawful but you refuse to delete it; – we no longer need the data, but you require it to assert, exercise or defend legal claims or – you have objected to the processing pursuant to Art. 21 GDPR;
• You are entitled to object to the processing of your personal data under the conditions of Art. 21 GDPR, so that we must stop processing your personal data. The right of objection only exists within the limits provided for in Art. 21 GDPR. In addition, our interests may conflict with the termination of processing, so that we are entitled to process your personal data despite your objection. We will take into account any objection to any direct marketing measures immediately and without re-weighing the existing interests.

Information about your right of objection according to Art. 21 GDPR

You have the right to object at any time to the processing of your data based on Art. 6 (1) sentence 1 lit. f GDPR (data processing on the basis of a balance of interests) or Art. 6 (1) sentence 1 lit. e GDPR (data processing in the public interest) if there are reasons for doing so that arise from your particular situation.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

The objection can be made in any form and should, if possible, be addressed to:

Primal State Performance GmbH, Pappelallee 78/79, 10437 Berlin

Email: datenschutz@primal-state.de

• pursuant to Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another controller;
• pursuant to Art. 77 GDPR, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or of our company headquarters. In particular, you can contact a supervisory authority with a complaint.

A list of the German data protection supervisory authorities and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data, or if you wish to revoke any consent you have given or object to a specific use of data, please contact our company data protection officer.

Company Data Protection Officer:

Fresh Compliance GmbH
Gina Bleckmann
Fürbringerstraße 15
10961 Berlin

16. Obligation to provide data

In principle, you are not obliged to provide us with your personal data. However, if you do not do so, we will not be able to provide you with our website without restrictions or answer your enquiries. Personal data that we do not necessarily need for the processing purposes mentioned above is marked as voluntary information.