Data Protection Declaration
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Happyshops GmbH, Schokholtzstraße 6, 06217 Merseburg, Deutschland, Tel.: 0 180 50 55 77 5, Fax: 03461824897, E-Mail: service@happyshops.com. The controller in charge of the processing of personal data 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 The controller has designated a data protection officer for this website. He can be reached as follows: "Alexander Schellenberg, Schokholzstr. 6, 06217 Merseburg, datenschutz@happyshops.com"
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, 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 that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
3) Hosting
Hosting by Weebly
We use the shop system of the service provider Squareup International Ltd.,Fumbally Square, Fumbally Lane, Dublin 8, Ireland ("Weebly"), for the purpose of hosting and displaying the online shop on the basis of processing on our instructions. All data collected on our website is processed on Weebly's servers. Within the scope of the aforementioned Weebly services, data may also be transferred to the Squareup Headquarter, 1455 Market Street, Suite 600, San Francisco, CA 94103, USA for further processing on our behalf. In the event that data is transferred to Squareup Headquarter. in USA, the appropriate level of data protection is guaranteed by an adequacy decision of the European Commission. Squareup (HQ) based in the USA are certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
For more information on Squareup's privacy policy, please visit the following website: https://www.privacy-eu@squareup.com
Further processing on servers other than the aforementioned servers of Weebly will only take place within the scope of the following information.
4) Cookies
In order to make your visit to 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 end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
- Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
- Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
5) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of 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 establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
6) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
7) Commentary Function
Within the scope of the commentary function on this website, in addition to your comment, information on the time of writing the comment and the name of the commentator you have chosen is stored and published on the website. Furthermore, your IP address is logged and stored. This IP address is stored for security reasons, in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. We need your e-mail address to contact you if a third party should object to your published content as unlawful. The legal basis for the storage of your data is Art. 6 (1) point b and f GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.
8) Processing of Data for the Purpose of Order Handling
8.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
8.2 We work with external shipping partners to fulfil our contractual obligations to our customers. We pass on your name as well as your delivery address exclusively for the purpose of delivering goods to a shipping partner selected by us, pursuant to Art. 6 (1) point b GDPR.
8.3 Passing on Personal Data to Shipping Service Providers
- DHL
If delivery of goods takes place by the transport service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to DHL in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to DHL for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with DHL or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider DHL.
- GLS
If delivery of goods takes place by the transport service provider GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1 – 7, 36286 Neuenstein), we will pass on your e-mail address to GLS in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to GLS for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with GLS or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider GLS.
8.4 Use of Payment Service Providers
- Paypal
When you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com/uk/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 contractual payment processing.
- Stripe
If you choose a Stripe payment method, payment is processed by 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 order process together with the information about your order (name, address, account number, bank code, bank code if applicable, credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary. For more information about Stripe's privacy policy, please visit: https://stripe.com/gb/privacy
8.5 Processing of Data for the Purpose of Order Handling
- Creditreform Boniversum
Should we make advance payments (e.g. delivery on account), we reserve the right to carry out a credit assessment on the basis of mathematical-statistical procedures in order to maintain our legitimate interest in determining the solvency of our customers. We transfer the personal data necessary for a credit assessment to the following service provider in accordance with Art. 6 (1) point f GDPR:
Creditreform Boniversum GmbH
Hellersbergstraße 11
41460 Neuss
The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. We use the result of the credit assessment regarding the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship.
You can object to this processing of your data at any time by sending a message to the controller responsible for data processing or to the aforementioned credit agency. However, we may still be entitled to process your personal data if this is necessary for contractual payment processing.
9) Use of Social Media
9.1 Facebook as Standard Plugin
Our website uses so-called social plugins ("plugins") of the social network Facebook operated by Facebook Ireland Limited, 4 Grand Canal Quay, Square, Dublin 2, Ireland ("Facebook"). The plugins are labeled with a Facebook logo or the addition "Facebook Social Plug-in" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found at: https://developers.facebook.com/docs/plugins
If you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook. The content of the plugin is directly sent from Facebook 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 directly from your browser to a server of Facebook in the USA and stored there.
If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plugins, for example by clicking the "I like" button or by submitting 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 signaled to your Facebook friends.
The described data processing processes take place in accordance with Art. 6 (1) point f GDPR, on the basis of Facebook's legitimate interests in the insertion of personalized advertising for the purpose of informing other users of the social network about your activities on our website and for the purpose of demand-oriented design of the service.
If you do not want Facebook to associate the information collected through our website directly with your Facebook profile, you must log out of Facebook before you visit our website. You can also prevent the loading of the Facebook plugins and thus the data processing procedures described above with add-ons for your browser for the future, e.g. with the script blocker "NoScript" (https://noscript.net/).
Facebook Inc., based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and setting options for the protection of your privacy, can be found in the Facebook data protection declaration at: https://www.facebook.com/policy.php
9.2 Twitter as Standard Plugin
Our website uses so-called social plugins ("plugins") of the microblogging service Twitter operated by Twitter Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plugins are labeled 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 at: https://about.twitter.com/de/resources/buttons
When you access a page of our website that contains such a plugin, your browser establishes a direct connection to Twitter's servers. The content of the plugin is directly transmitted from Twitter to your browser and integrated into the page. The integration gives Twitter the information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is directly transmitted from your browser to a Twitter server in the USA and stored there.
If you are logged in to Twitter, Twitter can immediately associate your visit to our website with your Twitter account. If you interact with the plugins, for example by pressing the "Twitter" button, the corresponding information is also directly transmitted to a Twitter server and stored there. The information will also be published on your Twitter account and signaled to your contacts.
The described data processing processes take place according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Twitter in the insertion of personalized advertising for the purpose of informing other users of the social network about your activities on our website and for the purpose of demand-oriented design of the service.
If you are a member of Twitter's social network and wish to limit the collection of information about our site and the aggregation of your user data with the information about you stored on the Twitter social network, you should log out of Twitter before visiting our site.
You can prevent the loading of the Twitter plugins and thus the data processing procedures described above also with Add-Ons for your browser for the future, e.g. with the script blocker "NoScript" (https://noscript.net/).
Twitter Inc., based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your relevant rights and setting options for the protection of your privacy can be found in the Twitter data protection declaration at: https://twitter.com/privacy.
10) Use of Videos
Use of YouTube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google").
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies in order to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
Further information on YouTube's privacy policy can be found in the provider's data protection declaration at: www.google.com/policies/privacy/.
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
11) Tools and Miscellaneous
- Google Web Fonts
This site uses web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Google's servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. isIs certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=en.
12) Rights of the Data Subject
12.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
12.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
13) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.
Effective January 2020
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Happyshops GmbH, Schokholtzstraße 6, 06217 Merseburg, Deutschland, Tel.: 0 180 50 55 77 5, Fax: 03461824897, E-Mail: service@happyshops.com. The controller in charge of the processing of personal data 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 The controller has designated a data protection officer for this website. He can be reached as follows: "Alexander Schellenberg, Schokholzstr. 6, 06217 Merseburg, datenschutz@happyshops.com"
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, 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 that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
3) Hosting
Hosting by Weebly
We use the shop system of the service provider Squareup International Ltd.,Fumbally Square, Fumbally Lane, Dublin 8, Ireland ("Weebly"), for the purpose of hosting and displaying the online shop on the basis of processing on our instructions. All data collected on our website is processed on Weebly's servers. Within the scope of the aforementioned Weebly services, data may also be transferred to the Squareup Headquarter, 1455 Market Street, Suite 600, San Francisco, CA 94103, USA for further processing on our behalf. In the event that data is transferred to Squareup Headquarter. in USA, the appropriate level of data protection is guaranteed by an adequacy decision of the European Commission. Squareup (HQ) based in the USA are certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
For more information on Squareup's privacy policy, please visit the following website: https://www.privacy-eu@squareup.com
Further processing on servers other than the aforementioned servers of Weebly will only take place within the scope of the following information.
4) Cookies
In order to make your visit to 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 end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
- Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
- Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
5) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of 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 establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
6) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
7) Commentary Function
Within the scope of the commentary function on this website, in addition to your comment, information on the time of writing the comment and the name of the commentator you have chosen is stored and published on the website. Furthermore, your IP address is logged and stored. This IP address is stored for security reasons, in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. We need your e-mail address to contact you if a third party should object to your published content as unlawful. The legal basis for the storage of your data is Art. 6 (1) point b and f GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.
8) Processing of Data for the Purpose of Order Handling
8.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
8.2 We work with external shipping partners to fulfil our contractual obligations to our customers. We pass on your name as well as your delivery address exclusively for the purpose of delivering goods to a shipping partner selected by us, pursuant to Art. 6 (1) point b GDPR.
8.3 Passing on Personal Data to Shipping Service Providers
- DHL
If delivery of goods takes place by the transport service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to DHL in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to DHL for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with DHL or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider DHL.
- GLS
If delivery of goods takes place by the transport service provider GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1 – 7, 36286 Neuenstein), we will pass on your e-mail address to GLS in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to GLS for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with GLS or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider GLS.
8.4 Use of Payment Service Providers
- Paypal
When you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com/uk/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 contractual payment processing.
- Stripe
If you choose a Stripe payment method, payment is processed by 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 order process together with the information about your order (name, address, account number, bank code, bank code if applicable, credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary. For more information about Stripe's privacy policy, please visit: https://stripe.com/gb/privacy
8.5 Processing of Data for the Purpose of Order Handling
- Creditreform Boniversum
Should we make advance payments (e.g. delivery on account), we reserve the right to carry out a credit assessment on the basis of mathematical-statistical procedures in order to maintain our legitimate interest in determining the solvency of our customers. We transfer the personal data necessary for a credit assessment to the following service provider in accordance with Art. 6 (1) point f GDPR:
Creditreform Boniversum GmbH
Hellersbergstraße 11
41460 Neuss
The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. We use the result of the credit assessment regarding the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship.
You can object to this processing of your data at any time by sending a message to the controller responsible for data processing or to the aforementioned credit agency. However, we may still be entitled to process your personal data if this is necessary for contractual payment processing.
9) Use of Social Media
9.1 Facebook as Standard Plugin
Our website uses so-called social plugins ("plugins") of the social network Facebook operated by Facebook Ireland Limited, 4 Grand Canal Quay, Square, Dublin 2, Ireland ("Facebook"). The plugins are labeled with a Facebook logo or the addition "Facebook Social Plug-in" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found at: https://developers.facebook.com/docs/plugins
If you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook. The content of the plugin is directly sent from Facebook 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 directly from your browser to a server of Facebook in the USA and stored there.
If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plugins, for example by clicking the "I like" button or by submitting 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 signaled to your Facebook friends.
The described data processing processes take place in accordance with Art. 6 (1) point f GDPR, on the basis of Facebook's legitimate interests in the insertion of personalized advertising for the purpose of informing other users of the social network about your activities on our website and for the purpose of demand-oriented design of the service.
If you do not want Facebook to associate the information collected through our website directly with your Facebook profile, you must log out of Facebook before you visit our website. You can also prevent the loading of the Facebook plugins and thus the data processing procedures described above with add-ons for your browser for the future, e.g. with the script blocker "NoScript" (https://noscript.net/).
Facebook Inc., based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and setting options for the protection of your privacy, can be found in the Facebook data protection declaration at: https://www.facebook.com/policy.php
9.2 Twitter as Standard Plugin
Our website uses so-called social plugins ("plugins") of the microblogging service Twitter operated by Twitter Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plugins are labeled 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 at: https://about.twitter.com/de/resources/buttons
When you access a page of our website that contains such a plugin, your browser establishes a direct connection to Twitter's servers. The content of the plugin is directly transmitted from Twitter to your browser and integrated into the page. The integration gives Twitter the information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is directly transmitted from your browser to a Twitter server in the USA and stored there.
If you are logged in to Twitter, Twitter can immediately associate your visit to our website with your Twitter account. If you interact with the plugins, for example by pressing the "Twitter" button, the corresponding information is also directly transmitted to a Twitter server and stored there. The information will also be published on your Twitter account and signaled to your contacts.
The described data processing processes take place according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Twitter in the insertion of personalized advertising for the purpose of informing other users of the social network about your activities on our website and for the purpose of demand-oriented design of the service.
If you are a member of Twitter's social network and wish to limit the collection of information about our site and the aggregation of your user data with the information about you stored on the Twitter social network, you should log out of Twitter before visiting our site.
You can prevent the loading of the Twitter plugins and thus the data processing procedures described above also with Add-Ons for your browser for the future, e.g. with the script blocker "NoScript" (https://noscript.net/).
Twitter Inc., based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your relevant rights and setting options for the protection of your privacy can be found in the Twitter data protection declaration at: https://twitter.com/privacy.
10) Use of Videos
Use of YouTube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google").
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies in order to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
Further information on YouTube's privacy policy can be found in the provider's data protection declaration at: www.google.com/policies/privacy/.
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
11) Tools and Miscellaneous
- Google Web Fonts
This site uses web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Google's servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
In the event that personal data is transferred to Google LLC. based in the United States, Google LLC. isIs certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU. An up-to-date certificate can be viewed here: https://www.privacyshield.gov/list.
Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=en.
12) Rights of the Data Subject
12.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
12.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
13) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.
Effective January 2020