Privacy policy

Donovan Clyde Bartlett · Chokodays · Norderstraße 11-13 · 24939 Flensburg · Deutschland · E-Mail: donovan@chokodays.com   Impressum

Datenschutzerklärung

1) Information about 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. Personal data in this context 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 Donovan Clyde Bartlett, Chokodays, Norderstraße 11-13, 24939 Flensburg, Germany, Tel: +49 17 28 35 84 54, e-mail: donovan@chokodays.com. 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 requests to the controller). You can recognize 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 visit 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 anonymized 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 should concrete indications point to illegal use.

3) Hosting
Hosting by Shopify
We use the store 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 store 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 will only take place within the framework communicated below.

4) Cookies
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow your browser to be recognized the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.

In some cases, the cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as 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 safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.

Please note that 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 in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find this for each browser at the following links:

Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies

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

5) Contacting us
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 (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 final processing of your request. This is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

6) Data processing when opening a customer account and for contract processing
Pursuant to Art. 6 (1) lit. b DSGVO, personal data will continue to be collected and processed if you provide it to us for the purpose of executing a contract or opening a customer account. Which data is collected can be seen from the respective input forms. 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. We store and use the data provided by you for the purpose of processing the contract. After complete execution of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further use of data was reserved by our side.

7) Comment function
In the context of the comment function on this website, in addition to your comment, information on the time of creation of the comment and the comment name you have chosen will be stored and published on this website. Furthermore, your IP address will be logged and stored. This storage of the IP address takes place for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content through a submitted comment. We need your e-mail address in order to contact you if a third party objects to your published content as being illegal. The legal basis for the storage of your data is Art. 6 para. 1 lit. b and f DSGVO. We reserve the right to delete comments if they are objected to by third parties as unlawful.

The follow-up comments can be subscribed to by you as a user. For this purpose, you will receive a confirmation e-mail to ensure that you are the owner of the e-mail address provided (double opt-in procedure). The legal basis for data processing in the case of comment subscriptions is Art. 6 para. 1 lit. a DSGVO. You can unsubscribe from ongoing comment subscriptions at any time with effect for the future, for more information on the unsubscribe option, please refer to the confirmation email.

8) Use of customer data for direct advertising
8.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will send you regular information about our offers. Mandatory data for sending the newsletter is only 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. This means that we will only send you an e-mail newsletter after you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in the future by clicking on an appropriate link.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 (1) lit. a DSGVO. When you register for the newsletter, 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 collected by us when you register for the newsletter is used exclusively for the purpose of addressing you in an advertising manner by way of the newsletter. 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 person responsible mentioned at the beginning. After unsubscribing, your e-mail 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 manner that goes beyond this, which is permitted by law and about which we inform you in this declaration.

8.2 Newsletter dispatch via Shopify Email

Our email newsletters are sent via Shopify Email, a service of Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), to which we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 (1) lit. f DSGVO and serves our legitimate interest in using an effective advertising, secure and user-friendly newsletter system. The data entered by you for the purpose of receiving newsletters (e.g. email address) is generally stored on Shopify's servers in the EU.
As part of Shopify's aforementioned services, data may also be transmitted 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 behalf of Shopify. In the case of transfer of data to Shopify Inc. in Canada, the adequate level of data protection is guaranteed by adequacy decision of the European Commission.

Shopify uses this information to send and statistically evaluate the newsletters on our behalf. For the evaluation, the emails sent may contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively pseudonymously and is not linked to your other personal data, a direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

Furthermore, Shopify may use this data itself in accordance with Art. 6 (1) lit. f DSGVO due to its own legitimate interest in designing and optimizing the service in line with demand, as well as for market research purposes, for example to determine which countries the recipients come from. However, Shopify does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

We have entered into an order processing agreement with Shopify, which obliges Shopify to protect our customers' data and not to pass it on to third parties.

You can view Shopify's privacy policy here: https://www.shopify.de/legal/datenschutz

8.3 Goods availability notification by e-mail

Where we offer the option in our Online Store for selected items that are temporarily unavailable to notify you by email of when they are available, you may subscribe to our merchandise availability email notification service. If you subscribe to our availability notification e-mail service, we will send you a one-time e-mail message about the availability of the item you have selected. Mandatory information for sending this notification is only your e-mail address. The provision of further data is voluntary and may be used to address you personally. For sending this notification we use the so-called double opt-in procedure. This means that we will only send you a corresponding notification once you have expressly confirmed that you consent to receiving such a message. We will then send you a confirmation e-mail asking you to confirm that you wish to receive such notification by clicking on an appropriate link.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 (1) lit. a DSGVO. When registering for our email notification service for the availability of goods, we store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your email address at a later date. The data we collect when you register for our goods availability e-mail notification service is used solely for the purpose of informing you of the availability of a particular item in our online store. You can unsubscribe from the goods availability e-mail notification service at any time by sending a message to the responsible person mentioned at the beginning. After unsubscribing, your e-mail address will be deleted immediately from our distribution list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

9) Data processing for order processing
9.1 In order to process your order, we work together with the service provider(s) listed below, 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.

The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b DSGVO.

9.2 Use of special service providers for order processing and fulfillment

- Amazon Fulfillment (FBA).
Order processing is carried out by the service provider "Amazon" (Amazon EU S.a. r.l., 38 avenue John F. Kennedy, L-1855 Luxembourg) within the framework of "shipping by Amazon" (= Fulfillment by Amazon). Your personal data will be passed on to Amazon exclusively for the purpose of processing the online order. The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the order processing. Details on Amazon's data protection as well as its privacy policy can be viewed at the following link: https://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401
- DHL Fulfillment
Order processing is carried out by the service provider DHL Home Delivery GmbH, Sträßchensweg 10, 53113 Bonn, Germany, within the scope of "shipping by DHL Fulfillment". Your personal data will be passed on to DHL Fulfillment exclusively for the purpose of processing the online order in accordance with Art. 6 Para. 1 lit. b DSGVO.
- SendCloud
Shipping is carried out via the shipping portal "SendCloud" (SendCloud GmbH, Kanalstr. 10, 80538 Munich, Germany). Pursuant to Art. 6 (1) lit. b DSGVO, we pass on your data to SendCloud exclusively for the purpose of processing your online order. A transfer will only take place insofar as this is actually necessary for the processing. Details on SendCloud's data protection can be viewed on SendCloud's website at www.sendcloud.de/datenschutz/.
- Shipcloud
Shipping is carried out via the shipping portal "shipcloud" (shipcloud GmbH, Lüdmoor 35a, 22175 Hamburg). In accordance with Art. 6 para. 1 lit. b DSGVO, we pass on your data (name, address and, if applicable, further information) to shipcloud exclusively for the purpose of processing your online order. A transfer will only take place insofar as this is actually necessary for the processing.
Details on shipcloud's data protection can be viewed on shipcloud's website at "shipcloud.io".
- Shopify Order Printer
For the accounting and logistical organization of orders, we use the "Order Printer" service of Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), for the automated creation of invoices, receipts, shipping labels and other business documents. Insofar as personal order data is processed via the service for the preparation of these documents, the processing is carried out in accordance with Art. 6 (1) lit. b DSGVO exclusively for the proper processing of online orders.

9.3 Transfer of personal data to shipping service providers

- DHL
If the delivery of the goods is carried out 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 the delivery of the goods for the purpose of coordinating 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 DHL for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. The disclosure is made only to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with DHL or delivery notification 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.
- DPD
If the delivery of the goods is carried out by the transport service provider DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg), we will pass on your e-mail address and your telephone number to DPD prior to the delivery of the goods in accordance with Art. 6 Para. 1 lit. a DSGVO for the purpose of coordinating 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 DPD for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. The disclosure is made only to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with DPD or delivery notification 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 DPD.
- UPS
If the delivery of the goods is carried out by the transport service provider UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany), we will pass on your e-mail address to UPS prior to the delivery of the goods in accordance with Art. 6 Para. 1 lit. a DSGVO for the purpose of coordinating a delivery date or for delivery notification, provided that 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 UPS for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. The disclosure is made only to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with UPS or the transmission of status information of the shipment 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 UPS.

9.4 Use of payment service providers (payment services)

- Amazon Pay
If you select the payment method "Amazon Pay", the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue J.F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon Payments"), to whom we will pass on the information you provided during the ordering process, together with information about your order, in accordance with Art. 6 (1) lit. b DSGVO. The transfer of your data takes place exclusively for the purpose of payment processing with the payment service provider Amazon Payments and only insofar as it is necessary for this purpose. You can obtain further information on the data protection provisions of Amazon Payments at the following Internet address: https://pay.amazon.com/de/help/201751600
- Cash payment via Cash Payment
If you select the payment method "Cash Payment", we will pass on your personal data (first and last name, street, house number, postal code, city, date of birth, e-mail address and possibly telephone number) to the payment service provider Cash Payment Solutions GmbH, Dircksenstr. 40, 10178 Berlin, in accordance with Art. 6 Para. 1 lit. b DSGVO for the purpose of payment processing, so that Cash Payment Solutions GmbH can provide you with an individually generated number or bar code (so-called "payment slip") for the respective transaction. This information is only passed on insofar as this is necessary for the processing of the "Cash Payment" payment method. With the help of the payment slip it is possible for you to settle the respective transaction costs by cash payment in the business premises of partner companies of Cash Payment Solutions GmbH. The Barzahlen partner company transmits the payment confirmation in real time, whereupon the shipping process can be started immediately, provided that the goods are available immediately.
For the processing of the payment method "Barzahlen", Cash Payment Solutions GmbH uses the credit institution NordFinanz Bank Aktiengesellschaft, Martinistraße 48, 28195 Bremen (hereinafter "NordFinanz") and passes on your payment data to it in accordance with Art. 6 para. 1 lit. b DSGVO - insofar as this is necessary for the execution of the cash payment.
Both Cash Payment Solutions GmbH and NordFinanz use your personal data exclusively for the purposes of implementing the payment method "Barzahlen" and to comply with money laundering regulations.
- Klarna
If you select a Klarna payment service, payment processing will be carried out by Klarna Bank AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first and last name, street, house number, postal code, city, gender, e-mail address, telephone number and IP address) as well as data related to the order (e.g. invoice amount, article, delivery type) will be forwarded to Klarna for the purpose of identity and credit checks, provided that you have expressly consented to this in accordance with Art. 6 para. 1 lit. a DSGVO during the ordering process. You can see which credit agencies your data may be forwarded to here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Klarna uses the information obtained about the statistical probability of non-payment for a weighed decision on the establishment, implementation or termination of the contractual relationship.
You can revoke your consent at any time by sending a message to the data controller or to Klarna. However, Klarna remains entitled to process your personal data, if applicable, insofar as this is necessary for the processing of payments in accordance with the contract.
Your personal data will be processed in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy for Data Subjects located in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
or for data subjects based in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy
handled.
- Paymill
When selecting the payment methods "credit card payment via Paymill" or "direct debit payment via Paymill", the payment processing is carried out via the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich, to whom we pass on your billing data (name, address, credit card number, invoice amount, currency and transaction number) for the purpose of payment processing in accordance with Art. 6 (1) lit. b DSGVO. The transfer of your data takes place exclusively for the purpose of payment processing and only insofar as it is necessary for this purpose.
To carry out the payment, Paymill GmbH forwards your billing data to the acquirer Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim on the basis of Art. 6 Para. 1 lit. b DSGVO. This transfer takes place exclusively for the purpose of processing the payment and only insofar as it is necessary for this purpose. For more information on Paymill's handling of personal data, please refer to Paymill's privacy policy at https://www.paymill.com/de/datenschutz.
- Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" 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.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal. 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 recognized 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 data protection declaration: 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.
- Rakuten Checkout
If you have chosen the payment methods "purchase on account" or "direct debit" via payment service provider Rakuten Checkout during the ordering process, you have consented to a credit check.
The personal data necessary for processing the payment method purchase on account and a credit check are collected on the basis of consent pursuant to Art. 6 (1) a DSGVO and transmitted to Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (www.klarna.de).
For the processing of the direct debit payment method, your personal data will be collected by Rakuten Checkout for the purpose of credit assessment based on your consent given during the ordering process in accordance with Art. 6 (1) a DSGVO. The transmission of this data is carried out in compliance with the applicable data protection law and in consideration of your interests worthy of protection. For the purpose of deciding on the establishment, implementation or termination of a contractual relationship, the above data may be transmitted to one or more of the following credit reporting agencies based on your given consent:
- Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, Germany
- CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, Germany
- Arvato Infoscore Consumer Data GmbH
- Infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, Germany
- SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany
The credit report 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 recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. If this calculation shows that your creditworthiness is not given, we will inform you of this immediately. You can find more information about Rakuten Checkout's privacy policy at the following web address: https://www.rakuten.de/info/datenschutz.
You may withdraw your consent at any time by sending a message to the data controller or to Klarna. However, Klarna may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
- 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, payment processing is carried out via the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on your information provided during the ordering process together with information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 (1) lit. b DSGVO. Your data will only be passed on for the purpose of payment processing with Stripe Payments Europe Ltd. and only insofar as it is 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
- Stripe
If you choose a payment method of the payment service provider Stripe, the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on your information provided during the ordering process together with information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 (1) lit. b DSGVO. You can find more information about Stripe's data protection at the URL https://stripe.com/de/privacy#translation.
Stripe reserves the right to perform a credit check based on mathematical-statistical methods in order to safeguard the legitimate interest in determining the User's ability to pay. The personal data necessary for a credit check and obtained in the course of payment processing may be transmitted by Stripe to selected credit agencies, which Stripe discloses to Users upon request. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, these have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Stripe uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the authorization to use the selected payment method.
You can object to this processing of your data at any time by sending a message to Stripe or the appointed credit agencies.
However, Stripe may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
- Wirecard
If you decide to use one of the payment methods offered by the payment service provider checkoutportal by wirecard, the payment will be processed by the payment service provider checkoutportal by wirecard, Wirecard UK & Ireland Ltd, 1st Floor Ulysses House,Foley Street Dublin 1, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, possibly IBAN, possibly BIC, invoice amount, currency and possibly transaction number). Your data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO exclusively for the purpose of payment processing with the payment service provider checkoutportal by wirecard. Your data will only be passed on insofar as this is actually necessary for the processing of the payment.

10) Use of social media: social plugins
10.1 Facebook as standard plugin

Our website uses so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins are marked with a Facebook logo or the addition "Social Plug-in from Facebook" or "Facebook Social Plugin". You can find an overview of the Facebook plugins and their appearance here: https://developers.facebook.com/docs/plugins

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to Facebook's servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a server of Facebook Inc. in the USA and stored there.

If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook profile. If you interact with the plugins, for example by clicking the "Like" button or posting a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.

The described data processing operations are carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of Facebook's legitimate interests in displaying personalized advertising to inform other users of the social network about your activities on our website and for the needs-based design of the Facebook service.

If you do not want Facebook to directly assign the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website. You can also object to the loading of the Facebook plugins and thus the data processing operations described above for the future using add-ons for your browser, e.g. the script blocker "NoScript" (http://noscript.net/).

For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy:
https://www.facebook.com/policy.php

10.2 Facebook plugins with 2-click solution

Our website uses so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").

To increase the protection of your data when visiting our website, the plugins are initially deactivated by means of a so-called "2-click" solution integrated into the page. You can recognize deactivated plugins by the fact that they are grayed out. This integration ensures that when you call up a page of our website that contains such plugins, no connection is yet established with the Facebook servers. Only when you activate the plugins and thus give your consent to the data transfer in accordance with Art. 6 (1) lit. a DSGVO, your browser establishes a direct connection to the Facebook servers. The content of the respective plugin is transmitted directly to your browser and integrated into the page. The plugin then transmits data (including your IP address) to Facebook. We have no influence on the scope of the data that Facebook collects with the help of the plugins. According to our knowledge, Facebook in any case receives information about which of our websites you have currently and previously accessed. By integrating the plugins, Facebook also receives the information that your browser has accessed the corresponding page of our website if you do not have a profile on Facebook or are not currently logged in. The information collected (including your IP address) is transmitted from your browser directly to a Facebook Inc. server in the USA and stored there. If you interact with the plugins, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed there to your contacts.

You can revoke your consent at any time by deactivating the activated plugin by clicking on it again. However, the revocation does not affect the data that has already been transferred to Facebook.

For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy: https://www.facebook.com/policy.php

10.3 Twitter as standard plugin

Our website uses so-called social plugins ("plugins") of the microblogging service Twitter, which is operated by Twitter International Company, One Cumberland Place, Fenian Street
Dublin 2, D02 AX07 Ireland ("Twitter"). The plugins are marked with a Twitter logo, for example in the form of a blue "Twitter bird". An overview of the Twitter plugins and their appearance can be found here: https://about.twitter.com/de/resources/buttons.

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Twitter. The content of the plugin is transmitted by Twitter directly to your browser and integrated into the page. Through the integration, Twitter receives the information that your browser has called up the corresponding page of our website, even if you do not have a profile on Twitter or are not currently logged in to Twitter. This information (including your IP address) is transmitted by your browser directly to a server of Twitter Inc. in the USA and stored there.

If you are logged in to Twitter, Twitter can directly assign your visit to our website to your Twitter account. If you interact with the plugins, for example by clicking the "Tweet" button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and displayed there to your contacts.

The described data processing operations are carried out in accordance with Art. 6 (1) lit.f DSGVO on the basis of Twitter's legitimate interests in displaying personalized advertising to inform other users of the social network about your activities on our website and for the needs-based design of the Twitter service.

If you are a member of the Twitter social network and would like to limit the collection of data about our website and the aggregation of your user data with data stored about you by the Twitter social network, you should log out of Twitter before visiting our website.

You can also object to the loading of the Twitter plugins and thus to the data processing operations described above for the future using add-ons for your browser, e.g. the script blocker "NoScript" (https://noscript.net/).

For the purpose and scope of the data collection and the further processing and use of the data by Twitter, as well as your rights in this regard and setting options for protecting your privacy, please refer to Twitter's privacy policy: https://twitter.com/privacy

11) Online marketing
11.1 Google AdSense

This website uses Google AdSense, a web advertising service Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google AdSense uses so-called cookies, which are text files placed on your computer, to help the website analyze how users use the site. In addition, Google AdSense also uses so-called "web beacons" (small invisible graphics) to collect information, through the use of which simple actions such as visitor traffic on the website can be recorded, collected and analyzed. The information generated by the cookie and / or web beacon (including your IP address) about your use of this website is usually transmitted to a Google server and stored there. This may also involve transmission to the servers of Google LLC. in the USA.

Google uses the information thus obtained to carry out an evaluation of your usage behavior with regard to the AdSense ads. The IP address transmitted by your browser as part of Google AdSense will not be merged with other data from Google. The information collected by Google may be transferred to third parties if this is required by law and/ or if third parties process this data on behalf of Google.

The described processing of data is carried out in accordance with Art. 6 (1) lit. f DSGVO for the purpose of targeted advertising addressing of the user by advertising third parties, whose advertisements are displayed on this website on the basis of the evaluated user behavior. This processing also serves our financial interest in exploiting the economic potential of our website by displaying personalized third-party advertising content in return for payment.

You can obtain more information about Google's data protection policy at the following Internet address: https://www.google.de/policies/privacy/.

You can permanently deactivate cookies for advertising preferences by preventing them by setting your browser software accordingly or you can download and install the browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=de

Please note that certain functions of this website may not be available or may be restricted if you have deactivated the use of cookies.

As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option described above for making an objection.

11.2 Use of Google Ads conversion tracking

This website uses the online advertising program "Google Ads" and within the scope of Google Ads the conversion tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). We use the offer of Google Ads to draw attention to our attractive offers with the help of advertising media (so-called Google Adwords) on external websites. We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the aim of displaying advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of the advertising costs incurred.

The conversion tracking cookie is set when a user clicks on an ad placed by Google Ads. Cookies are small text files that are stored on your terminal device. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across Google Ads customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted in to conversion tracking. The clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users. If you do not wish to participate in the tracking, you can block this use by deactivating the Google conversion tracking cookie via your internet browser under the keyword "user settings". You will then not be included in the conversion tracking statistics. We use Google Ads based on our legitimate interest in targeted advertising pursuant to Art. 6 (1) lit. f DSGVO. The use of Google Ads may also involve the transmission of personal data to the servers of Google LLC. in the USA.

You can obtain further information about Google's data protection policy at the following Internet address: https://www.google.de/policies/privacy/.

You can permanently object to the setting of cookies by Google Ads conversion tracking by downloading and installing the Google browser plug-in available at the following link:
https://www.google.com/settings/ads/plugin?hl=de

Please note that certain functions of this website may not be available or may be restricted if you have deactivated the use of cookies.

As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as outlined above. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Cookie Consent Tool" provided on the website or alternatively follow the option described above to make an objection.

12) Retargeting/ Remarketing/ Referral Advertising
Google Ads Remarketing
Our website uses the functions of Google Ads Remarketing, with which we advertise for this website in Google search results, as well as on third-party websites. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). For this purpose, Google sets a cookie in the browser of your terminal device, which automatically enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit. The processing is based on our legitimate interest in the optimal marketing of our website in accordance with Art. 6 para. 1 lit. f DSGVO.
Additional data processing only takes place if you have consented to Google linking your internet and app browsing history to your Google account and using information from your Google account to personalize ads you view on the web. In this case, if they are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, Google temporarily links your personal data with Google Analytics data to form target groups. In the course of using Google Ads Remarketing, personal data may also be transmitted to the servers of Google LLC. in the USA.
You can permanently object to the setting of cookies by Google Ads Remarketing by downloading and installing the Google browser plug-in available at the following link:
https://www.google.com/settings/ads/onweb/
Further information and the privacy policy regarding advertising and Google can be viewed here:
https://www.google.com/policies/technologies/ads/
As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a DSGVO for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Cookie Consent Tool" provided on the website or alternatively follow the option described above to make an objection.

13) Tools and other
13.1 Google reCAPTCHA

On this website, we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). This function is primarily used to distinguish whether an input is made by a natural person or is abused by machine and automated processing. The service includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in determining individual ownership on the Internet and the prevention of abuse and spam. The use of Google reCAPTCHA may also involve the transmission of personal data to the servers of Google LLC. in the USA.

Further information on Google reCAPTCHA as well as Google's privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/.

Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 Para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the option described above to make an objection.

13.2 Google Customer Reviews (formerly Google Certified Merchant Program)

We work with Google as part of the "Google Customer Reviews" program. The provider is Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). This program gives us the opportunity to collect customer reviews from users of our website. Here, after making a purchase on our website, you will be asked if you would like to participate in an email survey from Google. If you give your consent in accordance with Art. 6 (1) lit. a DSGVO, we will transmit your email address to Google. You will receive an email from Google Customer Reviews asking you to rate the purchase experience on our website. The rating you provide will then be aggregated with our other ratings and displayed in our Google Customer Reviews logo and in our Merchant Center dashboard. In addition, your review will be used for Google Seller Reviews. As part of the use of Google Customer Reviews, there may also be a transfer of personal data to the servers of Google LLC. in the USA.

You can revoke your consent at any time by sending a message to the data controller or to Google.

Further information on Google's data protection in connection with the Google Customer Reviews program can be found at the following link: https://support.google.com/merchants/answer/7188525?hl=de.

Further information on the data protection of Google seller reviews can be found at this link: https://support.google.com/google-ads/answer/2375474.

13.3 Shopsync for Shopify

This website uses the Shopify app "Shopsync" by ShopSync LLC, PO Box 252, Jefferson City, TN 37760, USA.
With the help of ShopSync, the newsletter service "Mailchimp" is synchronized with our Shopify account in such a way that, on the one hand, updates in Mailchimp email lists (such as a newsletter recipient opting out) are also automatically stored on Shopify and, on the other hand, new contact data generated via contract conclusions on Shopify are automatically transferred to the Mailchimp email lists.

In the former case, data processing is carried out pursuant to Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in the effective and cross-system maintenance of the files of advertising addressees and the efficient observance of legally significant status changes.

In the second case, exclusively on the basis of the user's express consent pursuant to Art. 6 (1) a DSGVO, after a contract has been concluded on Shopify for inclusion in the Mailchimp list, the user's first and last name, address and mail address together with transaction-related information (purchase amount, time and date of purchase) are transferred by ShopSync to Mailchimp.

Data transferred in this way is not stored or retained by ShopSync after synchronization. All information synced between Shopify and Mailchimp is transmitted using Secure Socket Layer (SSL) technology, and all transmitted information remains encrypted during the sync process.

The synchronization process requires the transfer of information over a secure connection to servers hosted by Amazon Web Services in the United States.

Further data protection information on ShopSync can be found here: https://shopsync.io/privacy-policy

14) Rights of the data subject
14.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:

Right to information pursuant to Art. 15 DSGVO: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period and/or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 of the GDPR if your data is transferred to third countries;
Right to rectification pursuant to Art. 16 DSGVO: You have the right to have any inaccurate data relating to you corrected without delay and/or to have any incomplete data stored by us completed;
Right to deletion pursuant to Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
14.2 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 THAT 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 OBJECTION AS DESCRIBED ABOVE.

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

15) Duration of storage of personal data
The duration of the storage of personal data is measured 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 or 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 the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or 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 Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.

Unless otherwise stated in the other information in this statement about 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.

Donovan Clyde Bartlett · Chokodays · Norderstraße 11-13 · 24939 Flensburg · Deutschland · E-Mail: donovan@chokodays.com    Impressum

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