Privacy policy

Privacy Policy

Commitment & Statement of Information Obligation

FERTILABS GmbH ("FERTILABS") is pleased about your interest in the website and / or the webshop / online shop. Protecting your privacy is very important to FERTILABS. Below, FERTILABS would like to provide you with detailed information about the handling of your data, which is always carried out in accordance with legal regulations (GDPR, TKG 2021). In this privacy policy, FERTILABS informs you about data processing when using this website / online shop. Personal data is processed in accordance with the principles of legality, good faith, transparency, accuracy, purpose limitation, data minimization, and storage duration limitation.

2. Contact with FERTILABS

The management of FERTILABS is responsible for compliance with all legal framework conditions for the protection of personal data.

If you contact FERTILABS via web form or email, FERTILABS will store the information you provide for processing your inquiry and subsequent communication between you and FERTILABS. Without explicit consent, this data will not be shared.

If you need more information about the data protection process at FERTILABS, have questions, or wish to file a complaint, contact FERTILABS via email at info@vilavit.com or by mail at the address provided below:

FERTILABS GmbH Limited Liability Company Brahmsplatz 5/3 1040 Vienna Commercial Register Number: 591713t

Contact info@vilavit.com

3. Data Storage

FERTILABS wants to inform you that to enable a comfortable user experience and shopping process in the FERTILABS webshop and for subsequent contract processing by the webshop operator, the IP data of the connection holder will be stored using cookies, as well as:

  • First name
  • last name
  • Delivery and/or billing address, city, country
  • Phone number, email
  • Payment method
  • Personal data is processed exclusively for the purpose of fulfilling the business purpose. This involves fulfilling contractual obligations in accordance with Art. 6(1)(b) GDPR and fulfilling legal obligations in accordance with Art. 6(1)(c) GDPR.

If you, as a contracting party, do not wish to provide your necessary personal data for fulfilling contractual obligations, the conclusion of the contract or the execution of the order may be impossible under certain circumstances. A current contract cannot be executed under these circumstances and may need to be terminated.

If the processing of personal data goes beyond contractual or legal obligations, FERTILABS will obtain your separate consent in accordance with Art. 6(1)(a) GDPR. In the case of consent, the data will be processed exclusively for the stated purpose. Consent granted can be revoked in writing at any time.

Data will not be transmitted to third parties, except for the transmission of credit card data to processing banks or payment service providers for the purpose of deducting the purchase price, to the transport or shipping companies commissioned by FERTILABS for delivery of the goods, and to FERTILABS' tax advisor for fulfilling tax obligations.

With your separate and case-specific consent, FERTILABS processes your data for conducting voluntary surveys and contests.

In the event of a contract conclusion, your personal data will only be stored for the duration of the business relationship and beyond that in accordance with legal retention periods (tax retention period of 7 years) as necessary to fulfill the purpose.

The data of name, address, purchased goods, and purchase date will be stored beyond that until the expiration of product liability (10 years). Data processing is based on the legal provisions of § 96(3) TKG and Art. 6(1)(a) (consent) and/or lit b (necessary for contract fulfillment) of the GDPR.

As a customer of FERTILABS, you are not obliged to provide data.

4. Online Shop

FERTILABS uses the platform/shop system "Shopify" from Shopify Inc. to operate the online shop. By placing an order in FERTILABS' online shop, you agree to the storage and processing of your personal data by Shopify. FERTILABS notes that your personal data is transferred to and processed by Shopify's data center in the United States. Storage and processing of your data are necessary for support and processing of your orders, authentication of your data, payment processing, and improving Shopify's services. More information about data processing, terms of use, and privacy at Shopify can be found at http://www.shopify.com/legal/privacy. Additionally, Shopify uses services from Google Maps for displaying geographical maps. Google's privacy policy can be found here: https://policies.google.com/privacy

For data recipients based in third countries (including the USA) or for the transfer of data to such countries, Shopify uses EU Commission-approved standard contractual clauses (Art. 46(2) and (3) GDPR).

FERTILABS primarily uses the collected order information to fulfill orders received through the website (including processing payment information, providing shipping, sending invoices and/or order confirmations, and products). Furthermore, FERTILABS uses this order information for:

  • Communication with you;
  • Checking orders for potential risks or fraud; and
  • Providing information or advertising related to FERTILABS products or services to you, in line with your privacy settings.

5. Shipping

The shipping of ordered goods is done in cooperation with WeShip Fulfillment GmbH, Herrengasse 9, 8010 Graz, FN 482394 d. For shipping purposes, FERTILABS shares the following personal data with WeShip: order contents, first name, last name, billing and/or shipping address (street, house number, floor, door, postal code, city, country), email address, and if you're informed via SMS, FERTILABS also shares your phone number. WeShip processes this data on behalf of FERTILABS and exclusively for shipping the ordered goods. More information can be found at: https://weship.eu

 

6. Cookies

FERTILABS uses so-called "cookies" on the website / webshop. "Cookies" are text files that are stored on a device or computer and often contain an anonymous unique identifier.

Further information about cookies and how to disable them can be found at http://www.allaboutcookies.org.

FERTILABS and the services used by FERTILABS use the collected device information to check for potential risks and fraud and generally to improve and optimize the website / webshop. The primary goal of FERTILABS is to make the offer as user-friendly as possible. Certain cookies are stored on your end device until you delete them. This is done to recognize your browser on your next visit to our website / webshop and provide you with an optimal user experience.

If you do not wish for this, you can configure your browser to inform you about the setting of cookies and allow the use of cookies only in individual cases. FERTILABS wants to point out that the functionality of the website / webshop may be restricted if cookies are deactivated.

7. Web Analysis

FERTILABS uses functions of the web analysis service Google Analytics from Google Inc. on the website / webshop to understand how customers use the website. Cookies are used to enable the analysis of a visitor's use of the website / webshop. The information collected about the use of the website / webshop is usually processed and stored on Google servers in Europe and, in exceptional cases, in the USA. More information about the use of your data by Google can be found at https://policies.google.com/privacy. 

Furthermore, you can deactivate Google Analytics here: https://tools.google.com/dlpage/gaoptout or set your browser to not store cookies in general.

FERTILABS has concluded an agreement with Google for the provision of data processing services on behalf of FERTILABS.

To improve the user experience, third-party providers connected to the shop use your IP address. However, this is only captured in pseudonymized form, ensuring only a rough localization is possible.

FERTILABS is particularly concerned with emphasizing that data processing always takes place in accordance with the legal provisions of § 96 para 3 TKG as well as Art 6 para 1 lit a (consent) and/or f (legitimate interest) of the GDPR.

FERTILABS always focuses on acting in line with the GDPR and within the scope of FERTILABS' legitimate interests, collecting data primarily to improve the offering and web presence for you as a customer. To protect your data and privacy, your user data is always pseudonymized.

User data is stored for a duration of 14 months.

8. Invoicing

For invoicing purposes, FERTILABS uses the web-based billing software provided by Billbee GmbH, Arolser Str. 10, 34477 Twistetal, Germany. This is an online application used to create and send invoices, credit notes, offers, and other documents.

As a data processor, Billbee GmbH processes the personal data listed below within the scope of the respective user account. The personal data is processed in accordance with applicable legal regulations, especially the GDPR, and in compliance with the highest security standards.

Billbee will delete all personal data and existing copies within 60 days after deletion of your user account, unless applicable legal regulations prescribe a longer retention period for the collected data by the data controller.

The following data is collected and processed within the scope of a user account: First names, last names, email address, address (street, house number, city, postal code, country), as well as data about the invoiced products, quantity, and price of the products ("personal data").

Purpose & Consent: The personal data is processed in the overriding interest of the data subjects exclusively for the purpose of fulfilling the business purpose, namely to fulfill contractual obligations pursuant to Art. 6 para 1 lit. b GDPR or legal obligations pursuant to Art. 6 para 1 lit. c GDPR.

FERTILABS has concluded a contract for data processing with Billbee.

For further information on data processing by Billbee, please visit: https://www.billbee.io/rechtliches/datenschutz

9. Facebook / Meta Platforms

Due to FERTILABS' legitimate interest in analyzing, optimizing, and economizing its online offering, FERTILABS uses the so-called "Facebook Pixel" of the social network Facebook, Meta Platforms Inc., 1 Hacker Way, Menlo Park, California 94025, USA. If you are based in the EU, this responsibility falls under Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. By using the Facebook Pixel, FERTILABS is able to define the visitors of the website / online shop as a specific target group for Facebook advertisements by FERTILABS.

Furthermore, plugins of the social network Facebook, provider Meta Platforms Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated on the website / online shop of FERTILABS. The Facebook plugins can be recognized on the respective page by the Facebook logo or the "Like" button. Further information and an overview of the Facebook plugins can be found at the following link: https://developers.facebook.com/docs/plugins/.

When visiting the website / online shop of FERTILABS, a direct connection between your browser and the Facebook server is established via the Facebook plugin. As a result, Facebook receives the information that you have visited the website / online shop of FERTILABS with your IP address. By clicking the Facebook "Like" button, you can link the content of the pages of FERTILABS with your Facebook profile, provided that you are logged into your Facebook account on the respective device. Facebook can then assign your visit to the website / online shop of FERTILABS to your user account. FERTILABS would like to point out that as the provider of the website and online shop, FERTILABS has no knowledge of the content of the transmitted data or its use by Facebook. For further information, please refer to Facebook's privacy policy at: https://www.facebook.com/policy.php

If you do not agree with the assignment of your Facebook account to the FERTILABS page, you can avoid this by logging out of your Facebook user account beforehand.

10. Customer feedback

FERTILABS uses Hotjar, provided by Hotjar Ltd., Level 2, St Julians Business Centre, 3 Elia Zammit Street, St Julians STJ 1000, Malta, to better understand the needs of its users and to optimize the offerings and experiences on this website. Using Hotjar's technology, FERTILABS gains a better understanding of its users' experiences (e.g., how much time users spend on specific pages, which links they click, their preferences, and dislikes, etc.), and this helps FERTILABS align its offerings with user feedback. Hotjar employs cookies and other technologies to collect data about user behavior and their devices, including the device's IP address (collected and stored in an anonymized form during website usage), screen size, device type (Unique Device Identifiers), information about the browser being used, location (country only), and preferred language for displaying the website. Hotjar stores this information on behalf of FERTILABS in a pseudonymized user profile. Hotjar is contractually prohibited from selling the data collected on behalf of FERTILABS. For more information, please refer to the "about Hotjar" section on Hotjar's help page: https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar You can opt out of data collection and storage at any time with future effect by visiting www.hotjar.com/opt-out.

11. Third-Party Cookies

During your visit to the website and online shop of FERTILABS, cookies from partner companies are also stored on your device. These are temporary and permanent cookies that are automatically deleted after the specified time (lifespan of 14 days to 2 years). It should be noted that the cookies of the selected partner companies of FERTILABS only contain pseudonymized data, and in most cases, even anonymized data. This includes data about viewed products, whether something was purchased during the website visit, which products were searched for, etc.

12. Re-targeting

The website and online shop of FERTILABS use so-called re-targeting technologies. This technique allows FERTILABS to address internet users who have already shown interest in FERTILABS products with targeted advertising on the websites of FERTILABS partners. This primarily serves to provide users with a more interesting and personalized web experience. The display of advertisements on the pages of FERTILABS partners is based on cookie technology and an analysis of previous usage behavior. This form of advertising is completely pseudonymous. It's important to note that FERTILABS does not create or combine usage profiles with your personal data. By using the website / online shop of FERTILABS, you consent to the use of such cookies and the associated collection of usage data, as well as their use and storage. This data is stored in cookies even beyond the end of the browser session and is accessed again, for example, during your next visits to our website / online shop.

Of course, you can revoke this consent at any time with future effect by refusing the use of cookies in your browser settings.

13. Behavioral Advertising

As described above, FERTILABS uses your personal data to provide you with targeted advertising or marketing communications that FERTILABS believes may be of interest to you. Further information on how targeted advertising works can be found on the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

You can deactivate some of these services through the opt-out portal of the Digital Advertising Alliance:

http://optout.aboutads.info/

Furthermore, the following options are available to prevent the storage of cookies or usage data:

14. Newsletter & Marketing Emails

For the purpose of sending newsletters, FERTILABS collaborates with a newsletter management system (Sendinblue GmbH), which processes your data in Europe. The legal basis for processing your data for the purpose of sending newsletters is your consent (any third-country transfer is based on the standard data protection clause according to Art 46 GDPR). You can revoke your subscription to the newsletter at any time: most easily by clicking on the unsubscribe link contained in the newsletter or by sending your revocation to the following email address: info@vilavit.com FERTILABS will promptly delete your data in connection with the newsletter dispatch. The lawfulness of the data processing operations carried out up to the revocation remains unaffected by the revocation.

To ensure a consensual newsletter dispatch, FERTILABS uses the so-called double opt-in procedure. In the course of this, the potential recipient is added to a distribution list. Subsequently, the user receives the opportunity to confirm the registration in a legally secure manner through a confirmation email. Only if confirmation is given will the address be actively included in the distribution list.

FERTILABS uses this data exclusively for sending the requested information and offers.

You can view the data protection regulations of Sendinblue GmbH here: Sendinblue: https://de.sendinblue.com/datenschutz-uebersicht/

15. Customer Reviews

After shipping the goods, you may receive an email from FERTILABS asking you to review FERTILABS and the services provided for you. This email contains a link that takes you to the customer review. The terms and privacy policy of Yotpo apply in this case, published at https://www.yotpo.com/privacy-policy/.

16. Data Security / Privacy Protection

Data security is a major concern for FERTILABS. FERTILABS has taken all necessary technical and organizational measures to ensure the highest level of security in data processing and to process personal data in a way that protects it from unauthorized access by third parties. FERTILABS' IT infrastructure complies with common security requirements and is regularly reviewed.

It is a matter of course for FERTILABS to treat your personal data confidentially and to comply with the legal data protection regulations. Your data is securely transmitted via SSL (Secure Socket Layer). When placing an order in the online shop, your data is transmitted to FERTILABS and Shopify encrypted via SSL, and your passwords and codes are stored exclusively in encrypted form.

17. Data Transfer to Successors

FERTILABS may also transfer your personal data in connection with corporate transitions (e.g. merger or sale of our company), financing, or acquisition of a company to other affiliated companies / successors in interest. This is done exclusively in compliance with this privacy policy.

18. Right to Lodge a Complaint & Other Rights

Basis Art 77 GDPR § 24 GDPR: Every customer has the right to lodge a complaint with the supervisory authority if he/she believes that the processing of personal data concerning him/her violates this regulation.

In addition, you naturally have the rights to information, correction, deletion, restriction, data portability, revocation, and objection.

Competent Supervisory Authority

Austrian Data Protection Authority Barichgasse 40-42 1030 Vienna Phone: +43 1 52 152 Email: dsb@dsb.gv.at

19. Liability

All contents of the website / online shop have been carefully checked. Nevertheless, no liability can be assumed for the correctness, completeness, and timeliness of the information provided.

Any liability for direct, indirect, or other damages, regardless of their causes, resulting from the use or unavailability of the data and information on these websites, is excluded, to the extent legally permissible. If there are any links on the website / online shop that refer to other websites, FERTILABS would like to point out that by clicking on such a link, you will leave the website / online shop of FERTILABS. These links have been checked with the utmost care, but liability for their content as well as any consequences of opening them is expressly excluded.

20. Copyright

All texts, graphics, and images are protected by copyright, and use is only permitted with the express permission of FERTILABS.

21. Changes

FERTILABS may change this privacy policy from time to time to accommodate necessary changes.

22. Miscellaneous

If in this privacy information, designations referring to natural persons are only given in the masculine form, they refer to women and men in the same way. When applying the designation to specific natural persons, the gender-specific form should be used.

FERTILABS is a member of the Austrian Chamber of Commerce: WKÖ