Spam mail
Great wine, but do not sign up for membership.
I now receive spam mail in the post I'm not interested in. Jacques give a contact for you to object to mailing, but they refuse to stop sending me spam post. After acknowledging my objection, their logic for refusing to delete my details and my request to cease spamming me is as follows:
Your request for erasure pursuant to Article 17 GDPR and your objection to the processing of your data for direct marketing purposes pursuant to Article 21(2) GDPR
Dear Mr. Davies,
We acknowledge receipt of your request for erasure pursuant to Article 17 of the General Data Protection Regulation (GDPR) and your objection to the processing of your personal data for direct marketing purposes pursuant to Article 21(2) GDPR dated 22.04.2026.
Since you have objected to the processing of your personal data for advertising purposes in accordance with Art. 21 Para. 2 GDPR, in addition to your request for erasure pursuant to Art. 17 Para. 1 GDPR, we can unfortunately only partially comply with your requested erasure for the following data protection reasons (Art. 17 Para. 3 b GDPR).
(1) Your objection to advertising results in a legal prohibition on the use of your data pursuant to Article 21(3) GDPR. We may no longer process your personal data for direct marketing purposes.
However, we can only ensure the continued observance of this prohibition if we store your name, address and email address in our in-house advertising opt-out list in order to compare our address lists for future advertising mailings.
Completely deleting your address and email address will not prevent you from receiving future postal advertising, as postal advertising is permissible under Article 6(1)(f) of the GDPR even without your consent. According to this legal basis, it is permissible under data protection law for your data to be included in one of our postal advertising campaigns if you place an order, for the purpose of acquiring new customers (e.g., via publicly accessible sources), or through the transfer or use of customer data by cooperation partners (which is also permissible without your consent).
In these cases, deleting your name and address would mean your objection to advertising would no longer be visible to us. We would then be unable to respect your objection and would thus be violating both your right to object and the legal prohibition of Article 21(3) GDPR. For this reason, we must permanently store your name and address - solely for the purpose of respecting your objection to advertising - and compare them with our advertising mailing lists before sending any postal advertising (Article 6(1)(c), (f) GDPR).
Unfortunately, even after you have objected, you may still receive further postal advertising from us. This is because our postal advertising campaigns are prepared and printed several weeks in advance. At that point, we are technically unable to stop the mailing to individual addresses. We apologize in advance for any inconvenience.
These explanations also correspond to the legal opinion of all German data protection authorities.
(2) We need to store and compare your email address for the same reasons, as Section 7 Paragraph 3 of the German Act Against Unfair Competition (UWG) allows us to send advertising for our own similar products to customers who have purchased wine from us via email, even without their consent.
If you were to provide an email address for a future online purchase, we would not be able to guarantee your objection to advertising if the email address were deleted - especially in the case of a change of address.
(3) In your case, tax law retention obligations pursuant to Section 147 Paragraph 3 of the German Fiscal Code (AO) also preclude the complete deletion of your data.
Following your purchase on January 31, 2026, we are legally obligated to retain this tax-relevant data for ten years in accordance with Section 147 of the German Fiscal Code (AO). The retention period begins at the end of the year following the purchase.
This data, which is subject to retention requirements, may not be deleted before the end of the retention period. After the statutory retention period has expired, this data will also be deleted.
We have deleted all other personal data that is not required to comply with your objection and that is not subject to any statutory retention period, as requested.
Best regards
Jacques' Customer Service
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Jacques' Wine Depot
Wine Retail GmbH
Bilker Allee 49, 40219 Düsseldorf
PO Box 260251, 40095 Düsseldorf
Düsseldorf District Court (HRB 36049)
Tax ID No. 10657142149
Management:
Alexander Borwitzky, Kathy Féron, Matthias Niebling
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