Last Updated On 17-Jun-2023
Effective Date 17-Jun-2023
What law applies?
In principle, we will only use your Personal Data in accordance with the applicable data protection laws, in particular Germany’s Federal Data Protection Act (BDSG) (“DPA”) and the EU`s counterpart the General Data Protection Regulation (“GDPR”).
What is Personal Data?
Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address.
What is processing?
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
Who is responsible for data processing?
The responsible party within the meaning of the DPA and the GDPR is Freaky-Deek Productions, Dominik Fuhrich, ℅ Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany (“Freaky-Deek Productions“, “we”, “us”, or “our”). If you have any questions, please email email@example.com, use our Contact Form or write to us at the above address.
What are the legal bases of processing?
In accordance with the DPA and GDPR, we have to have at least one of the following legal bases to process your Personal Data:
- Consent – This is where we have asked you to provide explicit permission to process your data for a particular purpose.
- Contract – This is where we process your information to fulfill a contractual arrangement we have made with you or reply to your messages, e-mails, posts, calls, etc.
- Legitimate Interests – This is where we rely on our interests as a reason for processing, generally this is to provide you with the best products and service in the most secure and appropriate way. Of course, before relying on any of those legitimate interests we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.
- Legal Obligation – This is where we have a statutory or other legal obligation to process the information, such as for archiving or the investigation of crime.
Data we collect automatically
Even if you do not log in or register on our website, but simply browse our website, data is collected and stored and processed by us. Specifically, this requires the IP address of your computer, Date and time of access, Name and URL of the accessed file, Browser used, Number of bytes transferred, Status of the page retrieval, Session ID, Referrer URL.
To provide our website, we use the services of STRATO AG, who process all data to be processed in connection with the operation of our website on our behalf. The legal basis for the data processing is our legitimate interest in providing our website.
Content Management System
We also use the Content Management System of WordPress by Automattic to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us is transferred to WordPress. This represents a legitimate interest.
Provision of the Shop
We also use the shop system of WooCommerce by Automattic. All data collected in our shop is processed on Automattic`s global servers. The legal basis for the data processing is our legitimate interest in providing our shop.
Content Delivery Network
We also use a Content Delivery Network (CDN) to distribute our online content. Our CDN is a network of regionally distributed servers operated by our technical service providers that are interconnected via the Internet. When you visit our website, your device’s browser transmits information to these service providers, which is collected in corresponding server log files. The server log files are usually anonymized and then transmitted without personal reference. The server log files include in particular i) information on the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, and v) the date, time of all page views including the amount of data transferred. The legal basis for the processing is our legitimate interest.
Google Tag Manager
We use Google Tag Manager by Google LLC which allows website tags to be managed via an interface. The Google Tag Manager only implements tags. No cookies are set, and no Personal Data is collected. Google Tag Manager triggers other tags that may collect data but does not itself access this data. The legal basis for using Google Tag Manager is our legitimate interest.
We integrate the fonts of the provider Google LLC, whereby the user’s data is used solely for the purpose of displaying the fonts in the user’s browser. The integration is based on my legitimate interest in a technically secure, maintenance-free and efficient use of fonts, their uniform display and taking into account possible licensing restrictions for their integration. The legal basis for this processing is our legitimate interest.
We have integrated components from YouTube. The integration requires that YouTube can perceive the IP address of the user. The IP address is required in order to send the video content to the user’s browser. If you click on a YouTube component (video) on our website, your internet browser will be prompted by the component to download a corresponding representation of the component. In this way, YouTube knows which specific sub-pages you have visited. The legal basis for the data processing is our legitimate interest and your consent.
We have integrated Jetpack by Automattic on our website. Jetpack is a WordPress plug-in that offers additional functions to the operator of a website built on WordPress. Among other things, Jetpack allows the website operator to keep track of visitors to the site. By displaying related posts and publications or the possibility to share content on the page, it is also possible to increase the number of visitors. In addition, security functions are integrated into Jetpack so that a website using Jetpack is better protected against brute force attacks. Jetpack also optimizes and speeds up the loading of images integrated on the website.
What are cookies?
Cookies are small files with configuration information that are stored on your device. Cookies can be divided into the following two broad categories:
- Technically necessary cookies (Essential)
Technically necessary cookies are required for our website to function properly; they enable you to navigate our website efficiently and use its functional features. An example of this is, the reminder of recently performed actions (e.g., entered text) when you return to a page within the same session.
- Technically non-essential cookies (Performance, Functional, Analytical, Advertising )
Technically non-essential cookies are not necessary for the proper functioning of our website, but they enable us to improve the content of our website, compile statistics for internal market analysis purposes, provide you with a more personalized online experience or provide additional features. In particular we use analytical cookies.
Analytical cookies are used by third parties. These cookies allow third parties to recognize that you have visited our website. We and our third-party providers may also combine information obtained from these cookies with Personal Information available from other sources, including data collected about you when you use other websites and data collected about you when you are offline, whether on our website or data maintained by the third-party provider.
Within the described categories, different types of cookies are used and these can be subdivided into:
- Session cookies
While you are active on a website, a session cookie is temporarily stored in your computer’s memory, which stores a session identifier, for example, to prevent you from having to log in again each time you change pages. Session cookies are deleted when you log out or lose their validity once their session has automatically expired.
- Permanent or persistent cookies
A persistent or protocol cookie stores a file on your computer for the period of time specified in the expiration date. These cookies allow websites to remember your information and settings the next time you visit. This results in faster and more convenient access, as you do not have to set your language preferences for our portal again, for example. When the expiration date passes, the cookie is automatically deleted when you visit the website that generated it.
- Third-party cookies
Third-party cookies come from providers other than the website operator. For example, they may be used to collect information for advertising, custom content, and web statistics.
The cookies we use
- MailChimp sets the cookie to record which page the user first visited.
- 1 month
- Youtube sets this cookie to track the views of embedded videos on Youtube pages.
- YouTube sets this cookie to measure bandwidth, determining whether the user gets the new or old player interface.
- 5 months 27 days
- JetPack plugin sets this referral cookie on sites using WooCommerce, which analyzes referrer behavior for Jetpack.
- 1 year 1 month 4 days
- JetPack installs this cookie to collect internal metrics for user activity and improve user experience.
- 3 days
- JetPack plugin sets this referral cookie on sites using WooCommerce, which analyzes referrer behavior for Jetpack.
- 1 year
- Google sets this cookie under the DoubleClick domain, tracks the number of times users see an advert, measures the campaign’s success, and calculates its revenue. This cookie can only be read from the domain they are currently on and will not track any data while they are browsing other sites.
- 1 year 24 days
- Google Ads Service uses this cookie to collect information from multiple websites for retargeting ads.
- 1 year 24 days
- This cookie is set by the provider Akamai Bot Manager. This cookie is used to manage the interaction with the online bots. It also helps in fraud preventions
- 4 hours
- YouTube sets this cookie via embedded YouTube videos and registers anonymous statistical data.
- 2 years
- This is a Mailchimp functionality cookie used to evaluate the UI/UX interaction with its platform
- 1 year
Pixel Cookies and Tags
Event data collected through Pixel Cookies is used for targeting our advertisements and improving ad delivery and personalized advertising. For this purpose, the event data collected on our website by means of Pixel Cookies is transmitted to the relevant operator of the Pixel Cookie and in part, also stored on your device. However, this only happens with your consent, and we and the relevant operator of the Pixel Cookie are considered joint controllers. Nonetheless, for the subsequent processing of the transmitted Event Data, the relevant operator of the Pixel Cookie is the sole controller.
For more information about how the relevant operator of the Pixel Cookie processes personal data, including the legal basis on which they rely on and how you can exercise your rights against, please refer to the following Privacy Policies: TikTok, Facebook, Instagram, Twitter, Google LLC.
If you do not wish to participate in our advertising personalization or retargeting/tracking you can object to behavioral advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative, AdChoices and the European Interactive Digital Advertising Alliance (Europe only).
When you first visit our website, you will be asked to give your consent to cookies being stored on your device. You can accept all cookies or adjust your cookie settings to store only some of the above categories of cookies on your device. You can also refuse all cookies, except for essential cookies, which are cookies that are required for the proper functioning of the website.
You should be aware that if you disable/reject certain cookies, we will not be able to provide you with the best possible user experience on our website, as there may be services and features that you will not be able to use if cookies are required for us to remember the choices you have made.
You can revoke your consent or change your cookie settings at any time.
How can I delete or block cookies?
Links to other websites
Cookie Consent Tool
Our website uses the cookie consent tool CookieLawInfo of CookieYes to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us: a) Your consent(s) or revocation of your consent(s); b) Your IP address; c) Information about your browser; d) Information about your device; d) Time of your visit to the website. The basis for processing is our legitimate interest and your consent.
Data we collect directly
You can easily contact us via email, phone or social-media. In this case, we store and process the following data from you: Name, e-mail address, telephone number as well as other personal data that you provide when contacting us. This data is collected and processed exclusively for the purpose of contacting you and processing your request and then deleted, provided there is no legal obligation to retain it. The legal bases for processing are contract and our legitimate interest.
We are present on social media (currently Facebook and Instagram). If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.
To use our services, you can register and log in. Here, too, we store data in order to create a User account for you: Name, E-mail address, chosen password. We store this data as long as you are registered with us. If you delete your account, we will delete your data unless there is a legal retention period on our part. In this case, we must store your data for longer. The legal bases for processing are your consent, the provision of our contractual services and our legitimate interest.
We process your first name, last name, e-mail address, shipping, and billing address, if different, and the data related to your contract with us data to handle the contractual relationship between you and us.The legal basis for the data processing is contract.
If you make a purchase your payment will be processed via our payment service providers Braintree, a service of PayPal and PayPal which is integrated using Woocommerce Payments by Automattic. Payment data will solely be processed through Braintree and PayPal and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.
If you have consented to receive my newsletter, we will use your email address to send you information about our services, promotions, and news. Our service providers are MailChimp by Automattic. You can revoke your consent to receive the newsletter at any time with effect for the future. You will find the unsubscribe link at the end of each newsletter. The revocation leads to the deletion of the collected user data. The legal basis is your consent as well as our legitimate interest.
Insofar as you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.
Economic analyses and market research
For business reasons, we analyze the data we have on business transactions, contracts, enquiries,browsing behavior etc., whereby the group of persons concerned may include contractual partners, interested parties, and users of our services.
The analyses are carried out for the purpose of business evaluations and market research. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. Furthermore, we take the privacy of users into consideration and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g., as summarized data).
Principles of processing Personal Data
Storage and Retention
As far as necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract.
In addition, we are subject to various storage and documentation obligations, which result from the minimum statutory retention periods. The retention and documentation periods specified there are two to six years.
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
Special Category Data
Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
Do Not Sell
We do not sell your Personal Data.
Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Data to third parties unless this is i) necessary for the performance of our services including our shipping forwarders and, ii) you have consented to the disclosure, iii) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.
Your Rights and Privileges
Under the DPA and the GDPR, you can exercise the following rights:
- Right to information
- Right to rectification
- Right to deletion
- Right to data portability
- Right of objection
- Right to withdraw consent
- Right to complain to a supervisory authority
- Right not to be subject to a decision based solely on automated processing.
If you have any questions about the nature of the Personal Data we hold about you, or if you wish to exercise any of your rights, please contact us.
Updating your information
If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.
Withdrawing your consent
You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The Baden-Württemberg DPA (Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg) located at Lautenschlagerstraße 20, 70173 Stuttgart, Germany (www.baden-wuerttemberg.datenschutz.de) is the for us relevant authority in matters of data protection. You have the right to make a complaint at any time. We would, however, appreciate the chance to deal with your concerns before you approach the Commissioner so, please contact us in the first instance.
Validity and questions