Privacy policy

                                        

Data Protection Declaration - Please note that this is an translated English texts. The German texts are the orginal and the legally binding one.

 

1) Information on the collection of personal data and contact details of the responsible person

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. In this context, personal data is all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Tomoko Pook, toolly, Graefestr. 26a, 10967 Berlin, Germany, Tel.: +49 (0) 163 3440917, e-mail: tomo@toolly.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the controller). You can recognise an encrypted connection by the string "https://" and the lock symbol in your browser line.

2) Data collection when visiting our website

During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called "server log files"). When you call up our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymised form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

3) Hosting

3.1 Hosting by Shopify
We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), for the purpose of hosting and displaying the online shop on the basis of processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of Shopify's aforementioned services, data may also be transferred to Shopify Inc, 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc, Shopify Payments (USA) Inc or Shopify (USA) Inc as part of further processing on our behalf. In the event that data is transferred to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by adequacy decision of the European Commission. For further information on Shopify's data protection, please visit the following website: https://www.shopify.de/legal/datenschutz

Further processing on servers other than the aforementioned of Shopify only takes place within the framework communicated below.

3.2 Cloudflare
On our website we use a so-called Content Delivery Network ("CDN") of the technology service provider Cloudflare Inc, 101 Townsend St. San Francisco, CA 94107, USA ("Cloudflare"). A content delivery network is an online service that is used in particular to deliver large media files (such as graphics, page content or scripts) through a network of regionally distributed servers connected via the Internet. The use of Cloudflare's Content Delivery Network helps us to optimise the loading speeds of our website. The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in a secure and efficient provision, as well as improvement of the stability and functionality of our website. We have concluded an order processing agreement with Cloudfare (Data Processing Addendum, available at https://www.cloudflare.com/media/pdf/cloudflare-customer-dpa.pdf), which obliges Cloudfare to protect the data of our site visitors and not to pass it on to third parties. For the transfer of data from the EU to the USA, Cloudfare refers to so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.

Further information can be found in Cloudflare's privacy policy at: https://www.cloudflare.com/privacypolicy/

3.3 Fastly
On our website, we use a so-called Content Delivery Network ("CDN") of the technology service provider Fastly Inc, 475 Brannan St. #300, San Francisco, CA 94107, USA ("Fastly"). A content delivery network is an online service that is used in particular to deliver large media files (such as graphics, page content or scripts) through a network of regionally distributed servers connected via the Internet. The use of Fastly's Content Delivery Network helps us to optimise the loading speeds of our website. The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in a secure and efficient provision, as well as improvement of the stability and functionality of our website. For more information, please see Fastly's privacy policy at: https://www.fastly.com/privacy

4) Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your terminal device. In some cases, these cookies are automatically deleted again after the browser is closed (so-called "session cookies"), in other cases, these cookies remain on your end device for longer and allow page settings to be saved (so-called "persistent cookies"). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

You can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or generally.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contacting us

When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected when using a contact form can be seen from the respective contact form.
This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after your request has been processed. This is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

6) Data processing for the opening of a customer account

Under Article 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed to the extent necessary in each case if you provide it to us when opening a customer account. The data required for opening an account can be found in the input mask of the corresponding form on our website. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. After deletion of your customer account, your data will be deleted, provided that all contracts concluded via it have been fully processed, no legal retention periods are opposed and no legitimate interest on our part in the continued storage exists.

7) Use of customer data for direct marketing

Subscribe to our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by activating a verification link sent to the specified e-mail address.

By activating the verification link, you give us your consent to use your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. We store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your email address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a way that goes beyond this, which is permitted by law and about which we inform you in this declaration.

8) Data processing for order handling

8.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b DSGVO.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 (1) lit. c DSGVO. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

8.2 Transfer of personal data to shipping service providers

- German Post (Deutsche Post)

If the goods are delivered by Deutsche Post (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to Deutsche Post in accordance with Art. 6 Para. 1 lit. a DSGVO prior to delivery of the goods for the purpose of agreeing a delivery date or for delivery notification, provided that you have given your express consent to this in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to Deutsche Post for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. This information will only be passed on if it is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with Deutsche Post or notification of delivery is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis Deutsche Post.

- DHL

If the goods are delivered by the transport service provider DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany), we will pass on your e-mail address to DHL in accordance with Art. 6 Para. 1 lit. a DSGVO prior to delivery of the goods for the purpose of coordinating a delivery date or for delivery notification, provided you have given your express consent for this in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to DHL for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. This information will only be passed on if it is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with DHL or notification of delivery is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the transport service provider DHL.

8.3 Use of payment service providers (payment services)

- Paypal

When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.

For the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, PayPal reserves the right to carry out a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments

- Shopify Payments

We use the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered via the payment service provider Shopify Payments, the payment processing is carried out by the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank sort code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 Para. 1 lit. b DSGVO. Your data will only be passed on for the purpose of processing payments with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. You can find more information on the data protection of Shopify Payments at the following Internet address: https://www.shopify.com/legal/privacy.

You can find data protection information on Stripe Payments Europe Ltd. here:https://stripe.com/de/privacy

8.4 Electronic termination option for continuing obligations with consumers

Consumers who have entered into contracts on this website for continuing obligations subject to payment (such as subscription contracts) have the option of terminating them via an electronic button in accordance with the applicable notice periods. Pressing the button leads to a confirmation page on which the consumer can provide more detailed information on the termination, clearly identify himself and subsequently declare his termination electronically. The collection of personal data and its transmission to us is carried out in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent that it is necessary for the proper processing of the cancellation. Also on the basis of Art. 6 para. 1 lit. b DSGVO, the personal data provided will be used to confirm receipt of the termination declaration and the termination date electronically in text form. The further legal basis for the processing is Art. 6 para. 1 lit. c DSGVO. We are legally obliged to provide an electronic termination option for consumer contracts concluded by means of electronic commerce for continuing obligations subject to payment.

9) Tools and miscellaneous

9.1 - Lexoffice

We use the service of the cloud-based accounting software "lexoffice" of Haufe-Lexware GmbH & Co. KG, Munzinger Straße 9, 79111 Freiburg.

Lexoffice processes incoming and outgoing invoices and, if applicable, also the bank transactions of our company in order to automatically record invoices, match them to the transactions and create the financial accounting from this in a semi-automated process.

If personal data is also processed in this process, the processing is carried out in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of our legitimate interest in the efficient organisation and documentation of our business transactions.

You can find more information about lexoffice, the automated processing of data and the data protection provisions at https://www.lexoffice.de/datenschutz/

9.2 Cookie-Consent-Tool

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require consent. The "cookie consent tool" is displayed to users in the form of an interactive user interface when they access the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. Through the use of the tool, all cookies/services requiring consent are only loaded if the respective user gives the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the respective end device of the user if consent has been granted.

The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) f DSGVO on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Further legal basis for the processing is Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

10) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise prerequisites:


  • Right to information pursuant to Art. 15 GDPR;

  • Right to rectification pursuant to Art. 16 GDPR;

  • Right to erasure pursuant to Art. 17 GDPR;

  • Right to restriction of processing pursuant to Art. 18 GDPR;

  • Right to information pursuant to Art. 19 GDPR;

  • Right to data portability pursuant to Art. 20 GDPR;

  • Right to withdraw consent granted pursuant to Art. 7(3) GDPR;

  • Right to lodge a complaint pursuant to Article 77 of the GDPR.


10.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

11) Duration of the storage of personal data

The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his/her consent.

If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no justified interest on our part in continuing to store it.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his/her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21(2) DSGVO.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.