Privacy Policy

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.

Server log files

You can use our websites without submitting personal data.
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.

Contact

Responsible person/Data protection officer

Contact us at any time. The person responsible for data processing is: Markus Fraunholz , Auenstr. 17, 82152 Krailling BRD, 08920981463, info@happytoes.de

You can contact our data protection officers directly at: info@happytoes.de

Proactive contact of the customer by e-mail

If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.

If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.

If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.

We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.

Collection and processing when using the contact form

When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.

We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.

Orders

Collection, processing, and transfer of personal data in orders

When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.

Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.

Shipping companies Merchandise management

Forwarding of your email address to shipping companies for information on shipping status

We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.

Use of an external merchandise management system

We use a merchandise management system in the course of order processing for the purposes of contractual processing.

For this purpose your personal data as collected in the course of the order will be sent to

Billbee GmbH, Arolser Str. 10, 34477 Twistetal, Germany

Payment service providers

The use of PayPal Check-Out

We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.

Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.

Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.

For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical- statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.

You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.

Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:

- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany).

- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)

Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal- payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.

For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Use of the payment service provider Stripe

On our website we use the Stripe payment service of Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). The data processing serves the purpose of offering you payment via the payment service. By selecting and using Stripe, the data required for payment processing is transmitted to Stripe in order to be able to fulfil the contract with you with of the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

If required, Stripe reserves the right to obtain a credit report on the basis of mathematical-statistical procedures using credit rating agencies. For this purpose, Stripe transmits the personal data required for credit assessment to a credit rating agency and uses the obtained information on the statistical probability of payment default in order to reach a reasonable decision on the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit check for contract initiation. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Stripe pays in advance.

For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR at any time by notifying Stripe. The provision of the data is necessary for the conclusion of the contract with the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method you have selected.

All Stripe transactions are subject to Stripe Privacy Policy. You can find these at https://stripe.com/de/privacy

Cookies

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website. Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:

Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en

Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9- 2a946a29ae09

Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

technically necessary cookies

Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.

Analysis

Use of Google Analytics 4

We use the Google Analytics web analytics service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website.

The data processing serves the purpose of analyzing this website and its visitors as well as for marketing and advertising purposes. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

In this context, the following information may be collected, among others: IP address, date and time of page view, click path, information about the browser you are using and the device you are using (device), pages visited, referrer URL (website from which you accessed our website), location data, purchase activity. Your data may be linked by Google to other data, such as your search history, your personal accounts, your usage data from other devices, and any other data

Google may have about you.

Plug-ins

Use of the Google Tag Manager

Our website uses the Google Tag Manager from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use- policy.html

Use of Google reCAPTCHA

Our website uses the reCAPTCHA service by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). The request serves to distinguish whether the input was made by a human or automatic machine processing. For this purpose your input will be transmitted to Google and used by them further. In addition, the IP address and any other data required by Google for the reCAPTCHA service will be transferred to Google. This data will be processed by Google within the EU and potentially also in the USA.

For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.

The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para.1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR.

You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can find more detailed information on Google reCAPTCHA and the associated data protection declaration at: https://www.google.com/recaptcha/intro/android.html and
https://www.google.com/privacy.

Use of YouTube

Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. For the

USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). YouTube has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.

The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. Further information on the data collected and used by

YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).

Rights of persons affected and storage duration

Duration of storage

After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.

Rights of the affected person

If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.

Right to complain to the regulatory authority

You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.

You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)

Promenade 18
91522 Ansbach

Tel.: +49 981 1800930
Fax: +49 981 180093800
E-Mail: poststelle@lda.bayern.de

Right to object

If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.

If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.

last update: 29.11.2023

Website Analytics with Google Analytics

This website utilises Google Analytics 4, a web analytics service provided by Google LLC, after obtaining user consent. The relevant controllers are Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, for users from the EU/EEA and Switzerland. Google Analytics 4 practices IP anonymisation by default, meaning your IP address is instantly shortened when interacting with this website. Only under rare circumstances will your full IP be transferred to a US-based Google server and shortened there. Google maintains that the IP transferred via Google Analytics will never be combined with other Google data. Google Analytics 4 only activates upon your approval via the cookie banner, and can be undone anytime through the cookie settings.

Data processed includes: usage data such as page views, website interaction, general location, and visit duration; and communication data like shortened IP addresses, user agent, language preference and screen resolution. The purpose of this data processing is for Google to evaluate your website use on behalf of the website operator, compile reports on activity and analyze site performance. This data processing is legal, based on your consent under Art. 6 para.1 p.1 lit. a GDPR and § 25 para. 1 p.1 TDDDG.

Google Ireland Limited, Google LLC and Alphabet Inc are the recipients of this data. Your website usage information is typically sent to a Google server in the U.S., an action legitimized by the European Commission's recent adequacy decision from July 10th, 2023, which recognizes Google LLC's certification under the EU-US Privacy Framework. In terms of data storage, any data linked to cookies is automatically deleted after a certain period of time, which is monthly for data that has reached its retention period, and a maximum of 2 years for Google Analytics cookies.

For more information on Google Analytics' terms of use and Google's privacy policy, please visit {link}https://policies.google.com/{link-ende} and {link}https://support.google.com/analytics/answer/12017362{link-ende}

Google Analytics verwendet sog. "Cookies", Textdateien, die auf dem Computer des Seitenbesuchers gespeichert werden und die eine Analyse der Benutzung der Website durch den Seitenbesucher ermöglichen. Die durch das Cookie erzeugten Informationen über die Benutzung dieser Website durch den Seitenbesucher (einschließlich der gekürzten IP-Adresse) werden in der Regel an einen Server von Google übertragen und dort gespeichert.

Google Analytics wird ausschließlich mit der Erweiterung "_anonymizeIp()" auf dieser Website verwendet. Diese Erweiterung stellt eine Anonymisierung der IP-Adresse durch Kürzung sicher und schließt eine direkte Personenbeziehbarkeit aus. Durch die Erweiterung wird die IP-Adresse von Google innerhalb von Mitgliedstaaten der Europäischen Union oder in anderen Vertragsstaaten des Abkommens über den Europäischen Wirtschaftsraum zuvor gekürzt. Nur in Ausnahmefällen wird die volle IP-Adresse an einen Server von Google in den USA übertragen und dort gekürzt. Die im Rahmen von Google Analytics von dem entsprechenden Browser übermittelte IP-Adresse wird nicht mit anderen Daten von Google zusammengeführt.

Im Auftrag des Seitenbetreibers wird Google die anfallenden Informationen benutzen, um die Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen dem Seitenbetreiber gegenüber zu erbringen (Art. 6 Abs. 1 lit. f DSGVO). Das berechtigte Interesse an der Datenverarbeitung liegt in der Optimierung dieser Website, der Analyse der Benutzung der Website und der Anpassung der Inhalte. Die Interessen der Nutzer werden durch die Pseudonymisierung hinreichend gewahrt.

Google LLC. ist nach dem sog. Privacy Shield zertifiziert (Listeneintrag hier) und gewährleistet auf dieser Basis ein angemessenes Datenschutzniveau. Die gesendeten und mit Cookies, Nutzerkennungen (z. B. User-ID) oder Werbe-IDs verknüpften Daten werden nach 50 Monaten automatisch gelöscht. Die Löschung von Daten, deren Aufbewahrungsdauer erreicht ist, erfolgt automatisch einmal im Monat.

Die Erfassung durch Google Analytics kann verhindert werden, indem der Seitenbesucher die Cookie-Einstellungen für diese Website anpasst. Der Erfassung und Speicherung der IP-Adresse und der durch Cookies erzeugten Daten kann außerdem jederzeit mit Wirkung für die Zukunft widersprochen werden. Das entsprechende Browser- Plugin kann unter dem folgenden Link heruntergeladen und installiert werden: https://tools.google.com/dlpage/gaoptout.

The website visitor can prevent data collection via Google Analytics on this website by clicking here. An "Opt-out Cookie" shall then be applied which shall prevent any future collection of the site visitors data when visiting this website.

Weitere Informationen zur Datennutzung durch Google, Einstellungs- und Widerspruchsmöglichkeiten, finden sich in der Datenschutzerklärung von Google (https://policies.google.com/privacy) sowie in den Einstellungen für die Darstellung von Werbeeinblendungen durch Google (https://adssettings.google.com/authenticated).

Spam Protection with Google reCAPTCHA

We have implemented Google reCAPTCHA in forms on our website to check whether the data entered in the forms comes from human visitors or from machines or automated programs, also known as “bots”. This tool automatically analyzes the behavior of website visitors as soon as they interact with the website using various information like IP address, length of stay, and mouse movements. The data processed includes usage data such as the website accessed, date and time of access, and mouse movements, as well as communication data like IP addresses, browser type, and operating system. This processing is targeted at website visitors and users of online services. The primary purpose of this processing is to prevent the misuse of our contact form, thereby enhancing security. The legal basis for this is our legitimate interest according to Art. 6 para. 1 p. 1 lit. f. GDPR. The data recipients include Google Ireland Ltd, based at Google Building Gordon House, Barrow St, Dublin 4, Ireland, (https://policies.google.com/privacy) and our website hosting provider. While your personal data is processed within the EU, the retention time for the processed data is determined by Google Ireland Limited. Additional information can be found in the Google reCAPTCHA privacy policy: https://policies.google.com/privacy

Website Analytics (Jimdo Statistics)

When you visit our website, we collect information about your usage through a web analytics tool provided by our hosting service. This tool collects and combines your IP address and user agent, shortens it and stores this data using a hash function. This process creates a visitor identifier that is encrypted with a randomly generated value (SALT) that changes every 24 hours. This method ensures that your IP address cannot be reconstructed from the stored visitor identifier, thus maintaining your anonymity. In addition, we do not merge this information with any other data and it is stored only on the hosting provider's server.

We also process web analytics data, HTTP data and web analytics profile data. The web analytics tool we use creates and stores a web analytics profile, which includes details about your use of the website, such as page views, visit frequency, time spent on each page, and the user agent of your device. This includes usage data (such as web pages visited and access times) and communication data (such as browser type, operating system and IP addresses).

Our purpose in processing this data is to analyse user behaviour in aggregate form in order to improve the presentation and content of our website. The legal basis for this processing is our legitimate interest (Art. 6 para. 1 lit. (f) GDPR), in particular in carrying out web measurements in order to improve our products and website.

The data collected is shared with our website hosting provider and processed within the EU.