Last updated: 30 April 2019
Controller and Data Protection Officer
This website is operated by Send me a Sample Limited T/A Gratisprobe in Germany), 36 Golden Square, London, W1F 9EE, (“Gratispobe”). Gratisprobe is responsible for the processing of your personal data. Gratisprobe has appointed James Leung as its Data Protection Officer who can be reached at email@example.com
Visiting our website
Categories of data: Gratisprobe processes the following categories of data when using the website: Log data, such as your IP address, including details of our website request, such as date and time, status and amount of data transferred, information about the browser you are using (browser type and version number), information about the website that forwarded you to our website. Gratisprobe stores this data in a log file every time our website is visited. Without further information, such as information from an Internet service provider about the Internet subscriber, which Gratisprobe usually only receives in cases of a suspected material violation of the law, Gratisprobe is generally unable to assign this data to individual, identifiable persons.
Cookies to extend the functionality of the website and to make it easier for you to use the website. These are small text files that are stored on your computer as soon as you access our website and save certain settings and data for exchange with our system via your browser. A cookie regularly contains the name of the domain from which the cookie was sent as well as information about the age of the cookie and an alphanumeric identifier. Most of the cookies used by Gratisprobe are deleted from your hard drive once you end your browser session (session cookies). In addition, Gratisprobe uses so-called persistent cookies, which remain on your device to recognize you on your next visit to the website and make any default settings available again.
Purpose of use and legal basis: Your personal data will be processed for the purpose of enabling you to use the website. In addition, we process your personal data to prevent and correct malfunctions of the website as well as to optimize the user journey. The legal basis for this processing is an agreement concerning the use of our website and our legitimate interest in its trouble-free operation pursuant to Art. 6 para. 1 b) and Art. 6 para. 1 f) of the General Data Protection Regulation (“GDPR”). For the legal and processing purposes of the services provided by Google please refer to Section 3.
Recipients: Personal data obtained in connection with your visit to our website is only accessible to employees of Gratisprobe, who are responsible for the technical administration, maintenance and further development of the website. We may instruct external service providers with technical services and assistance in relation to the operation of the website. To the extent those services providers are located outside of the EU or the European Economic Area, we grant access to your personal data only on basis of adequate data protection safeguards. You may request a copy of those data protection mechanism by contacting us.
Retention: Website visit data will be deleted within seven day. We may anonymize website visit data and retain such anonymized data that cannot be related to an individual person for a longer period. Please refer to the links provided under Sections 3.1, 3.2, 3.3, 3.4 and 4 for further information on the deletion of cookies used by our business partners.
Registering the Gratisprobe App
Categories of data: The following categories of data are processed by Gratisprobe when you register an account with us through our app: Name, address, e-mail address, age, your preferences regarding samples or the receipt of email communication and sharing data with brand partner, your brand subscriptions and order history will be processed by Gratisprobe when you register in order to provide personalised services to you. We use the so-called double opt-in method for registrations. Accordingly, we will send you a confirmation email to the email address you provided during your registration. If you do not confirm your registration within 24 hours of receipt of the email, we will delete your personal information within two weeks. Registered users have the option, at any time and if necessary, to change or delete the data they provide at registration.
Purpose of use and legal basis: If you register on our website, we will process your personal data in order to manage your account, provide samples to you, serve your preferences and make available all functionalities of the Gratisprobe Service as described in the Terms and Conditions of Use and on the website. The legal basis for this processing is the agreement on the use of the Gratisprobe Services pursuant to Art. 6 para. 1 b) GDPR.
Your Personal Data may be disclosed:
To our third party service providers who provide services such as website hosting, data analysis, payment processing, information technology and related infrastructure provision, email delivery, postal delivery, auditing and other services.
To our third party brand partners, to permit them to send you marketing communications, consistent with your choices if you have opted into such sharing. Gratisprobe brand partners include Coca-Cola Great Britain, Diageo, KIND Snacks, L’Oreal, KAO.
Recipients: If you register on our website, employees of Gratisprobe, who are responsible for operating the Gratisprobe Service, and those employees entrusted with additional services and maintenance may receive access to your personal data. In this regard, we may instruct external service providers. To the extent those services providers are located outside of the EU or the European Economic Area, we grant access to your personal data only on basis of adequate data protection safeguards. You may request a copy of those data protection mechanism by contacting us.
Retention: Your personal data may be retained for the period of the agreement and a period of additional six or ten years following termination, for example pursuant to Section 257 of the German Commercial Code and Section 147 of the German Tax Code, in any case depending on and in accordance with the applicable retention periods.
Use of Amazon Alexa or Google Assistant
Please note: If you use Amazon Alexa, operated by Amazon Digital Services LLC, Amazon Media EU S.a.r.l., Amazon Services International, Inc., Amazon Servicos de Varejo do Brasil Ltda., Amazon.com Int’l Sales, Inc., Amazon Australia Services, Inc., and Amazon Mexico Services, Inc. (“Amazon”) or Google Assistant, Google LLC LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) (jointly referred to as “Third Party Services”) to order samples, these Third Party Services will process your personal data. Please refer to their Privacy Statements in this regard. Gratisprobe is not responsible for the processing of your personal data by Amazon and Google or their sub-processor. Below we explain to you which personal data we receive from these Third Party Services through your use of Amazon Alexa and Google Assistant and how we process it.
Categories of data: The following categories of data are processed by Gratisprobe when you use Amazon Alexa or Google Assistant: any utterances or deep invocations and opt in requirements.
Purpose of Use and Legal Basis: We process personal data that we obtain from Amazon and Google in connection with your use of Amazon Alexa and Google Assistant for executing your sample order. The legal basis for this processing is the agreement concerning the use of the Gratisprobe Serivces pursuant to Art. 6 para. 1 b) and our legitimate interest in sharing personal data with those Third Party Services according to Art. 6 para. 1 f) GDPR since we have build in interfaces for Amazon Alexa and Google Assistant into the Gratisprobe Service.
Recipients: Personal data that we obtained from Amazon and Google in connection with your use of Amazon Alexa and Google Assistant is only accessible to employees of Gratisprobe, who are responsible for executing the sample ordering, as well as employees who are responsible for the technical administration and maintenance of the interface and the functionality. We may instruct external service providers with technical services and assistance in relation to that. To the extent those services providers are located outside of the EU or the European Economic Area, we grant access to your personal data only on basis of adequate data protection safeguards. You may request a copy of those data protection mechansim by contacting us.
Retention Periods: We retain personal data that we obtain from Amazon and Google in connection with your use of Amazon Alexa and Google Assistant for a period of 6 years from the date of your last activity with the Gratisprobe app.
Google Marketing Tools
In addition, this website uses Google Analytics for cross-device analysis of user streams enabled through user IDs. If you have a customer account, you can disable this cross-device analysis: https://support.google.com/analytics/answer/2790010.
The IP address transmitted by your browser as part of Google Analytics will not be matched with other Google data, according to Google.
Gratisprobe uses Google AdWords in order to generate attention for our services through the use of advertisements on the websites of external third parties. Based on data generated by such advertising campaigns, we are able to determine the success rate of our advertising campaigns. Gratisprobe is thereby trying to generate advertising that is of interest to you. We are also trying to make our offers and our website more interesting and calculate advertising expenses appropriately. The legal basis for such processing of personal data is Article 6 para. 1 f) GDPR. These advertising materials are spread by Google through its so-called AdServer. In this context, we use so-called AdServer cookies, which measure the display of ads and user clicks. For example, if you visit our website through a Google ad, Google will save an AdWords cookie on your computer. These cookies store analysis values such as unique cookie ID, number of ad impressions per placement, last impression, and opt-out information. The cookies are not intended to identify you personally.
The cookies regularly become invalid after 30 days. These cookies make it possible for Google to recognize your Internet browser. If you visit certain subpages on our website and the cookie saved on your computer is still valid, Google and we are able to see that you clicked on an advertisement and were then redirected to our website. Every customer of Google AdWords has its own cookies, which cannot be traced beyond the website of the respective customer. Gratisprobe does not process any personal data using the advertising campaigns mentioned above. We only receive statistical analyses from Google. Based on these statistical analyses, we are able to clearly see which advertising campaigns were particularly effective. We do not receive any additional data that is generated through the use of advertisements. In particular, we cannot identify users based on this information. Your browser automatically connects to the Google server through the marketing tool. Google is obligated to comply with the EU-US Privacy Shield. Further information in this regard can be found at www.privacyshield.gov/EU-US-Framework. Please note that the amount and further use of the data processed by Google fall outside the sphere of influence of Gratisprobe. Therefore, we can only provide you with the following information based on our own knowledge: Through the integration of AdWorks, Google is informed that you have visited a certain website or part of a website, or that you have clicked on our advertisement. If you are registered for a Google service, Google is able to associate your visit with your customer account. It is possible that Google might receive or store your IP address even if you are not registered for a Google service or logged in to your account. You can avoid this type of data processing in several ways:
Through your browser software settings, i.e. by prohibiting the installation of external cookies, which prevents you from receiving advertisements of third parties;
By deactivating AdWorks cookies in your browser settings so that cookies from www.googleadservices.com are blocked; this can be done at www.google.de/settings/ads, however, these settings are deleted when you delete cookies;
By permanently deactivating cookies in Firefox, Internet Explorer or Google Chrome at www.google.com/settings/ads/plugin. Please note that you may not be able to use all functions offered by our website if you deactivate these cookies.
This website uses the online advertising service Google AdSense to incorporate and present advertisements that may be of interest to you. In this regard, statistical information is collected about you, which is processed by our advertising partners. These advertisements are identified as “Google ads.” The legal basis for processing your personal data is our legitimate interest in displaying advertisements of interest to you pursuant to Art. 6 para. 1 f) GDPR.
When visiting our website, Google is informed that you have accessed our website. In this respect, Google uses web beacons and cookies, which are placed on your computer and can be used to evaluate the visitor traffic on our website. The personal data described under section 2.1 is disclosed for this purpose. Your personal data is transferred to the USA and analyzed there. As a result, Google is obligated to comply with the EU-US Privacy Shield. Information in this regard can be found at https://www.privacyshield.gov/EU-US-Framework.
In addition, your personal data may be disclosed to contractual partners of Google and third parties or public authorities. If you are logged in to your Google account, your data can be directly associated with this account. If you do not want this data to be associated with your Google profile, you must log out of your account.
Further information on the processing of your personal data can be found at http://www.google.de/intl/de/policies/technologies/ads. You can prevent the installation of Google AdSense cookies in several ways:
Through the corresponding setting in your browser software, in particular, by blocking third-party cookies so that you do not receive any advertisements of third-party providers;
By deactivating interest-based advertisements at Google via the link http://www.google.de/ads/preferences, whereby this setting will be deleted when you delete your cookies;
By deactivating interest-based advertisements via the link http://www.aboutads.info/choices, which are part of the self-regulatory campaign “About Ads,” whereby this setting will be deleted when you delete your cookies;
Through permanent deactivation in Firefox, Internet Explorer or Google Chrome under the link http://www.google.com/settings/ads/plugin. Please note that in this case, you may not be able to use all functions being offered to the fullest extent.
This website uses the remarketing function of Google.
This function is used to present users with interest-related advertisements and to direct you to our website. A cookie is saved in the browser of the website visitor, which enables the visitor to be recognized again when returning to the website. Advertisements are presented to the user, which relate to content that corresponds to websites that have been accessed before. The legal basis for the integration of Google Remarketing and the associated transfer of data to Google is your consent pursuant to Art. 6 para. 1 a) GDPR.
Every time you visit our website, personal data, including your IP address, is transferred to Google in the USA. Google saves this personal data. Google may disclose this personal data that has been collected via the technical process to third parties. According to Google, the data collected in connection with remarketing is not merged with your personal data that may be saved by Google. In particular, according to Google, pseudonymization is used for remarketing.
Social Media Plugins
This website currently uses the plugins of Facebook, Twitter, Instagram and Pinterest. Through the use of plugins, Gratisprobe enables you to interact with social media and other social media users on this website. Plugins are made available in order to increase our Internet presence and make it more interesting to you. The legal basis for the use of plugins is Art. 6 para. 1 f) GDPR.
Plugin operators save your personal data as user profiles and use this data for advertising purposes, market research or in order to design their websites based on needs. The analysis of such data (even of users who are not logged in) is used for needs-based advertising and to inform other users of the same social networks about their activities on this website.
You have a right to object to the creation of such user profiles. To exercise this right, you can contact the respective plugin operators at the following addresses:
Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; additional information about data collection: http://www.facebook.com/help/186325668085084; further information about data privacy at Facebook can be found here: http://www.facebook.com/about/privacy/your-info-on-other-applications and http://www.facebook.com/about/privacy/your-infoeveryoneinfo.
Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; further information about data privacy at Twitter can be found here: https://twitter.com/privacy.
Instagram LLC., 1601 Willow Road, Menlo Park, California 94025, USA; further information about data privacy at Instagram can be found here: https://help.instagram.com/155833707900388.
Pinterest, Inc., 808 Brannan St, San Francisco, California 94103, USA; further information about data privacy at Pinterest can be found here://policy.pinterest.com/en/privacy-policy.
Regardless of whether you have a profile on one of these social networks and are currently logged in to your profile, your data will be sent to the respective operator. If you are logged in to your social media profile when visiting this website, the data described under section 2.1 that is collected during your visit will be directly associated with your social network profile. If you activate a plugin, e.g. by clicking the “like” button, the corresponding information will be saved in your profile and shared with your contacts. We recommend logging out of your social media profile when you are not using it, especially before clicking on any plugin button, in order to prevent this data from being associated with your social media profile. In the case of Facebook, you can also use a browser add-on called “Facebook Blocker,” which is available at the following link: http://webgraph.com/resources/facebookblocker/ and can prevent your data from being collected and disclosed in the future.
Statutory and Contractual Requirements
You may choose not to provide us with personal data or to provide incomplete data. In such cases, for example, if you block cookies, you may not be able to use all functions offered on our website or other services offered as a result. If you decide not to give your consent, for example, in connection with a newsletter subscription, Gratisprobe may not be able to provide you with the information requested.
No Automated Decision-making or Profiling
Except for the data processing described under Sections 3.1, 3.2, 3.3, 3.4 and 4, which is also used for profiling, we do not use your personal data for automated decision-making or profiling.
Websites of Third Parties
This website may contain hyperlinks to and from other websites of third parties. If you use one of these hyperlinks, we are unable to assume any responsibility or liability for the content of third parties or compliance with data protection law.
You may contact us in writing or via email at firstname.lastname@example.org in order to exercise the following rights to the extent provided by law:
Right to access to your personal data in order to check and verify this data;
Right to receive a copy of your personal data;
Right to request that we complete, correct or delete your personal data, or refrain from or restrict the collection, processing or disclosure of your personal data; this also includes the right to have incomplete or incorrect data rectified by supplementary information;
Right to object to the processing of your personal data whenever the basis of the processing is our legitimate interest pursuant to Art. 6 para. 1 f) GDPR;
You can request to receive your personal data in a structured, common and machine-readable format and, provided that you have acquired the corresponding intellectual property rights or other rights required, have this data transferred to another controller as long as you have consented to the processing, or the processing is necessary in order to fulfill a contractual relationship with you or for the execution of pre-contractual measures.
In addition, you have a right to file a complaint with the regulatory authorities for data protection in connection with the processing of your personal data.
Our contract with you
This offer is open to customers aged 18 years or over, normally resident in Germany, excluding employees of Bacardi and Send Me a Sample Limited and its affiliates or agents, the families of such employees and any other person connected with this offer.
Our acceptance of your request takes place when we send you a confirmation email, at which point a contract will come into existence between you and us.
If we are unable to accept your request, we will inform you of this by voice interaction. This might be because all 10,000 samples have been claimed or because you have exceeded the limit of 1 sample per Gratisprobe user or 6 per physical address.
Our website and app are solely for the provision of samples to residents of the country to which the campaign is restricted.
If we reasonably believe that you are exploiting our offers, we reserve the right to no longer send you free samples.
Delivering the samples
Cost of delivery is included in the offer. You do not need to pay any additional costs before the sample can be sent.
Please allow 14 working days from receipt of your confirmation email for delivery.
We are not responsible for delays caused by events outside of our control. If our supply of the sample is delayed by an event outside of our control, we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay.
If the sample is lost, stolen, or damaged in the post, it will not be replaced.
We require certain information from you in order to send the samples, for example, your address. This will have been requested when you registered for a Send Me a Sample account via the Amazon Alexa or Google Assistant apps. If you do not give us this information or if you give us incomplete or incorrect information, we are not responsible for delayed supply or non-supply.
We may have to suspend sending samples in order to:
deal with technical problems or make minor technical changes;
adhere to relevant laws and regulatory requirements;
We will contact you in advance if we are suspending sending a sample.