Thank you for your interest in our company. Kindly Shop S.A attaches great importance to data protection. It is possible to use the Kindly Shop website without providing any personal data. However, if a person concerned wishes to make use of special services provided by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
All data collected and processed within the scope of visiting the website is collected and processed by Kindly Shop in Panama. The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the General Data Protection Law and in accordance with the country-specific data protection regulations applicable to Kindly Shop.
By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs the persons concerned about their rights. Kindly Shop, as the data processor, has implemented numerous technical and organizational measures to ensure that the personal data processed via this website is protected as securely as possible. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
- Definitions of terms
We use the following terms in this data protection declaration:
- a) Personal data
Personal data is any information related to an identified or identifiable natural person (hereinafter "data subject"). A natural person shall be considered identifiable if he or she 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- b) Data subject
The data subject shall hereinafter be 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 carried out with or without the aid of automated means relating to personal data, such as collection, recording, organization, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or integration, qualification, erasure or destruction.
- d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
- e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects of that natural person's work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements.
- f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures ensuring that the personal data is not attributed to an identified or identifiable natural person.
- g) Controller
The controller or data controller is 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 laid down by Union law or by the law of the Member States, the controller or the specific criteria for his designation may be laid down by Union law or by the law of the Member States.
- h) Processor
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
- j) Third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or processor.
- k) Consent
Consent shall mean any freely given, informed and unequivocal expression of intention by the data subject in the particular case, in the form of a statement or a statement of consent.
- Name and address of the controller
The person responsible within the meaning of the General Data Protection Law, and other provisions of a data protection nature is the Data Protection Commissioner:
Provincia de PANAMÁ,
Distrito de PANAMA, Corregimiento de SAN FELIPE, Urbanización Las Clementinas, Calle Segunda San Felipe, Casa 2 B
Phone: +507 65527644
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate configuration of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.
- Collection of general data and information
The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system enters our website (so-called referrer), and (4) the sub-sites which are 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 used to avert dangers in the event of attacks on our information technology systems, can be recorded.
When using this general data and information, Kindly Shop does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) guarantee 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 criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Kindly Shop both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
- Collection, storage, processing, forwarding and use of necessary data
We are entitled to collect, store, process and use your personal data in compliance with data protection regulations, e.g. data submitted via contact forms, e-mail contact or newsletter subscription.
In this respect, you agree to the collection, storage, processing, forwarding and use of the personal data by Kindly Shop required for the order of informational material or contract processing.
Personal data is data that contains information on the personal and material circumstances of a specific or identifiable natural person
You agree at any time revocably that we confirm to you your indicated personal data without restriction by e-mail. You warrant that only you or persons commissioned by you have access to your e-mail account. In the case of unencrypted e-mails, only limited confidentiality is guaranteed.
- Newsletter subscription
On the Kindly Shop website, users are given the opportunity to subscribe to our company's newsletter. The personal data transmitted to the data controller when ordering the newsletter is determined by the input mask used for this purpose.
Kindly Shop informs its customers and business partners about the company's offers at regular intervals by means of a newsletter. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) to the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to legally safeguard the data controller.
The personal data collected in the course of registering for the newsletter will be used exclusively for sending our newsletter, which we manage through our provider SquareSpace. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or registration in this respect, as might be the case in the event of changes to the newsletter offering or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. It is also possible at any time to unsubscribe from the newsletter dispatch directly on the website of the data controller or to inform the data controller of this in any other way.
- Newsletter tracking
The Kindly Shop newsletter contains so-called tracking pixels. A pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and analysis. This allows statistical evaluation of the success or failure of online marketing campaigns. The information collected and evaluated with the pixel-code is not linked to the personal data of the newsletter recipient, but is processed exclusively anonymously.
- Contact option via the website
Due to legal regulations, the website of Kindly Shop contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
- Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where required by the National Authority of Transparency and Access to Information or regulation or by another legislator in the laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the National Authority of Transparency and Access to Information and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
- Rights of the data subject
- a) Right to confirmation
Every data subject shall have the right, granted by the National Authority of Transparency and Access to Information directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our data protection officer or another employee of the controller.
- b) Right of access
Any person concerned by the processing of personal data has the right, granted by the National Authority of Transparency and Access to Information and regulatory authority, to obtain information on the personal data relating to him or her and a copy thereof, at any time and free of charge from the controller. Furthermore, the National Authority of Transparency and Access to Information has granted the data subject access to the following information:
The purposes of the processing
The categories of personal data processed
The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
If possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
The existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing the existence of a right of appeal to a supervisory authority
If the personal data are not collected from the data subject: All available information on the origin of the data
The existence of automated decision-making, including profiling, in accordance with Article 15 of the General Data Protection Law and, at least in such cases, meaningful information on the logic involved and the scope and intended impact of such processing for the data subject
The data subject also has the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she can contact our data protection officer or another employee of the data controller at any time.
- c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the National Authority of Transparency and Access to Information and regulatory authority, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, in the context of the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer or another employee of the data controller at any time.
- d) Right to deletion (right to be forgotten)
Any data subject shall have the right, granted by the Panamenian directive and regulation, to require the controller to erase personal data concerning him that is subject to one of the following conditions or is not necessary for processing, without delay:
The personal data has been collected or processed for purposes for which it is no longer necessary
The data subject withdraws his or her consent on which the processing was based pursuant to Art. 6 para. 1 letter a, General Data Protection Law or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing under Article 21(1) of the GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) of the GDPR.
The personal data has been processed unlawfully.
The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data is collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
If one of the above reasons applies and a person concerned wishes to have personal data stored at Kindly Shop deleted, he or she can contact our data protection officer or another employee of the data controller at any time. The data protection officer of Kindly Shop or another employee will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by Kindly Shop and if our company as the party responsible is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, Kindly Shop shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of all links to his or her personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The data protection officer of Kindly Shop or another employee will take the necessary steps in individual cases.
- e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the National Authority of Transparency and Access to Information and regulation, to request the controller to limit the processing if one of the following conditions is met.
The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defense of legal rights.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh 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 at Kindly Shop, he can contact our data protection officer or another employee of the data controller at any time. The data protection officer of Kindly Shop or another employee will arrange for the processing to be restricted.
- f) Right to data portability
Any data subject involved in the processing of personal data has the right, granted by the National Authority of Transparency and Access to Information and regulatory authority, to obtain personal data concerning him or her provided by the data subject to a controller in a structured, common and machine-readable format. He or she also has the right to communicate this data to another controller without being hindered by the controller to whom the personal data has been provided, insofar as the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out by means of automated procedures, insofar as the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority assigned to the controller.
Furthermore, when exercising his or her right to data portability pursuant to Art. 20 (1) GDPR Exemption Regulation, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
In order to assert the right to data transferability, the person concerned may at any time contact the data protection officer appointed by Kindly Shop or another employee.
- g) Right of objection
Any person data subject to the processing of personal data has the right, granted by the National Authority of Transparency and Access to Information and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.
In the event of objection, Kindly Shop will no longer process the personal data unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defense of legal claims.
If Kindly Shop processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to the processing for direct advertising purposes by Kindly Shop, Kindly Shop will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to him by Kindly Shop for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the person concerned may contact the data protection officer of Kindly Shop or another employee directly. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
- h) Automated case-by-case decisions including profiling
Any person data subject to the processing of personal data has the right under the National Authority of Transparency and Access to Information and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorized by national law to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the party responsible, or (2) is made with the explicit consent of the data subject, Kindly Shop shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data subject from the party responsible, to present his or her point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she may at any time contact our data protection officer or another employee of the data controller for this purpose.
- i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the National Authority of Transparency and Access to Information and regulation maker, to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw his or her consent, he or she may do so at any time by contacting our data protection officer or another employee of the data controller.
- Data protection for applications and in the application procedure
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller.
The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection and evaluation of data on the behavior of visitors to Internet pages. A web analysis service collects data on, among other things, from which website a data subject came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and to analyze the costs and benefits of Internet advertising.
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website and to provide other services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. When the cookie is set, Google is able to analyze the use of our website. Each time you access one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission statements.
The cookie is used to store personal information such as the access time, the location from which the access originated and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.
The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Further information and Google's applicable data protection regulations can be found at www.google.de/intl/de/policies/privacy/ and
Google Analytics is explained in more detail under this link
- Google Maps
Some pages on this website may use the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. In order to use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. You can find more information on the handling of user data in Google's data protection declaration: www.google.de/intl/policies/privacy/https://www.google.de/intl/de/policies/privacy/
- Google AdWords Conversions
Our website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Adwords places a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies expire after 30 days and are not personally identifiable. If the user visits certain pages on our site and the cookie has not expired, we and Google may recognize that the user clicked on the ad and was directed to that page. Each Google AdWords customer receives a different cookie. As a result, cookies cannot be tracked through AdWords customer websites. The information collected from the Conversion cookie is used to generate conversion statistics for AdWords customers who have opted for Conversion Tracking. Customers will know the total number of users who clicked on their ad and were directed to a page with a conversion tracking tag. However, they will not receive information that personally identifies users.
If you do not wish to participate in tracking, you can refuse to set a cookie as required, for example by setting your browser to disable the automatic setting of cookies or by setting your browser to block cookies from the "googleadservices.com" domain.
- Legal basis for the processing
The General Data Protection Law (GDPL) serves our company as a legal basis for processing operations in 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on the GDPL. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on the GDPL. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site was injured and his or her name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on the GDPL. Ultimately, processing operations could be based on the GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the Panamenian legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (GDPL).
- Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on the GDPL, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
- Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the agreement.
- Legal or contractual provisions governing the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data.
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, he or she must contact our data protection officer. Our data protection officer 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 a contract and whether there is an obligation to provide personal data and what consequences the non-availability of the personal data would have.
- Third countries
If we process personal data in a third country (i.e. outside Panama) or if this occurs in the context of the use of third party services or disclosure or transfer of data to third parties, this will only occur if it occurs in order to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests.