Privacy statement

Privacy statement

 

Unless otherwise stated below, the provision of your personal information is not required by law, contract or contract. You are not obliged to provide the data. Failure to do so will have no consequences. This only applies insofar as no other information is given in the subsequent processing procedures. "Personal data" means any information relating to an identified or identifiable natural person.

 

Server-Logfiles

You can visit our websites without providing any personal information. Each time you access our website, usage data is transmitted through your Internet browser and stored in log data (server log files). These stored data include, for example, the name of the page accessed, the date and time of access, the amount of data transferred and the requesting provider. These data serve exclusively to guarantee the trouble-free operation of our website and to improve our services. It is not possible to assign this data to a specific person.

Collection and processing when using the contact form

When using the contact form, we collect your personal data (name, e-mail address, message text) only to the extent provided by you. Data processing serves the purpose of establishing contact. By sending your message, you consent to the processing of the transmitted data. The processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us without affecting the legality of the processing carried out on the basis of your consent until revocation. We will only use your e-mail address to process your enquiry. Your data will then be deleted if you have not consented to further processing and use.

 

Customer account

When opening a customer account, we collect your personal data to the extent specified there. Data processing serves the purpose of improving your shopping experience and simplifying order processing. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time by notifying us without affecting the legality of the processing carried out on the basis of your consent until revocation. Your customer account will then be deleted.

 

Collection, processing and use of personal data for orders

When ordering, we collect and use your personal data only to the extent necessary to fulfill and process your order and process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to do so means that no contract can be concluded. Processing takes place on the basis of Art. 6 (1) lit. b DSGVO and is necessary for the fulfilment of a contract with you. Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners, who we need to process the contractual relationship or service providers we use in the context of order processing. In addition to the recipients named in the respective clauses of this data protection declaration, these are, for example, recipients of the following categories: Shipping service providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and drop shipping dealers. In all cases we strictly observe the legal requirements. The scope of data transmission is limited to a minimum.

 

Passing on personal data to third parties

When passing on your personal data, we always pay attention to the highest possible level of security. For this reason, your data will only be passed on to service providers and partner companies that have been carefully selected and contractually obligated in advance. In addition, your data will only be forwarded by us to bodies that are obliged to comply with an appropriate level of protection.

  1. a) Transfer within affiliated companies pursuant to Art. 6 Para. 1 lit. b DS-GVO

We pass on your personal data for the processing of contracts, orders and productions to affiliated companies for storage in central databases and for group-internal accounting and bookkeeping purposes as well as for manufacturing purposes.

  1. b) Passing on to service companies pursuant to Art. 6 para. 1 lit. b and f DS-GVO

For the operation and optimisation of our website as well as our services and for the execution of contracts, various service companies work for us, e.g. for central IT services or the hosting of our website, for the payment and delivery of products or for the installation of equipment or for the newsletter dispatch, to which we pass on the data required for the performance of tasks (e.g. name, address).

Some of these companies work for us by way of order processing and may therefore only use the data provided in accordance with our instructions. In this case, we are legally responsible for appropriate data protection precautions at the companies commissioned by us. We therefore agree concrete data security measures with these companies and monitor them regularly.

During payment, we do not record or store any payment transaction information such as credit card numbers or bank details. You will only disclose this information directly to the respective payment service provider.

  1. c) Disclosure to other third parties pursuant to Art. 6 para. 1 lit. c and f DS-GVO

Finally, we will pass on your data to third parties or government agencies within the framework of the existing data protection laws, if we are legally obliged to do so, e.g. due to official or court orders, or if we are entitled to do so, e.g. because this is necessary to prosecute criminal offences or to exercise and enforce our rights and claims.

 

Use of e-mail address for sending newsletters

We use your e-mail address independently of the contract processing exclusively for our own advertising purposes for newsletter dispatch, provided that you have expressly agreed to this. Processing takes place on the basis of Art. 6 (1) lit. a DSGVO with your consent. You may revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until revocation. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your e-mail address will then be removed from the mailing list.

Your data will be passed on to a service provider for e-mail marketing within the scope of order processing. Your data will not be passed on to other third parties.

Your data will be transferred to a third country for which the European Commission has issued an adequacy decision.


Use of the e-mail address for sending direct mail

We use your e-mail address, which we have received in the course of the sale of goods or services, for the electronic transmission of advertisements for our own goods or services which are similar to those which you have already purchased from us, unless you have objected to this use. The provision of the e-mail address is required for the conclusion of the contract. Failure to do so means that no contract can be concluded. Processing is carried out on the basis of Art. 6 (1) lit. f DSGVO out of a justified interest in direct advertising. You may object to this use of your e-mail address at any time by notifying us. You will find the contact details for exercising the objection in the imprint.You can also use the link provided for this purpose in the advertising e-mail. For this no other than the transmission costs arise according to the basic tariffs.


Use of an external shop system/goods management system

We use a merchandise management system for contract processing within the framework of order processing. For this purpose, your personal data collected in connection with your order will be transferred to Teamleader GmbH, c/o WeWork, Kurfürstendamm 11, 10719 Berlin. In addition, the data will also be transmitted to plentymarkets GmbH, Bürgermeister-Brunner-Straße 15, 34117 Kassel, Germany. Apart from this, the data will also be transmitted to Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada.


Use of an invoice tool

We use an external system for invoicing as part of order processing. For this purpose, your personal data collected within the framework of the order will be sent to

FastBill GmbH, Wildunger Str. 6, 60487 Frankfurt am Main.


Use of an analysis tool

To improve the interaction with our visitors we use a Java-Script Plugin of uptain GmbH ("uptain-Plugin). This allows us to analyse your use of the website and to improve the way we address our customers (e.g. through a dialogue window). For this purpose we collect information about your usage behaviour, i.e. movement of the cursor, length of stay, links clicked on and any information provided. The legal basis for the processing is our legitimate interest in direct marketing and the provision of our website. The uptain GmbH is strictly bound to our instructions. The information collected will not be passed on to third parties unless we are legally obliged to do so. Insofar as the information collected by the uptain plug-in contains personal data, this will be deleted immediately after your visit to our website.

You can deactivate the use of the uptain plugin at any time via the following link: https://smilemeuponline.com/de/?__up_tracking_unsu...


Using PayPal

All PayPal transactions are subject to the PayPal Privacy Policy. You can find it at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=en_DE

cookies

Our website uses cookies. Cookies are small text files that are stored in the Internet browser or by the Internet browser on a user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies for the purpose of making our website more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

We also use cookies on our website for the purpose of enabling an analysis of the surfing behaviour of our site visitors.

Furthermore, we use cookies for the purpose of subsequently addressing page visitors on other websites with targeted, interest-related advertising.

The processing is based on § 15 (3) TMG and Art. 6 (1) lit. f DSGVO for the legitimate interest in the above mentioned purposes.

The data collected from you in this way will be pseudonymised by technical precautions. It is therefore no longer possible to assign the data to your person. The data will not be stored together with other personal data.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

Cookies are stored on your computer. You therefore have full control over the use of cookies. By selecting the appropriate technical settings in your Internet browser, you can prevent the cookies from being saved and the data they contain from being transmitted. Cookies that have already been saved can be deleted at any time. However, we would like to point out that you may then not be able to use all the functions of this website to their full extent. Under the following links you can find out how you can manage (among other things also deactivate) the cookies in the most important browsers:

Chrome Browser: https://support.google.com/accounts/answer/61416?h...

Internet Explorer: https://support.microsoft.com/de-de/help/17442/win...

Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben...

Safari:https://support.apple.com/de-de/guide/safari/manag...


Use of Google Analytics

On our website we use the web analysis service Google Analytics of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). Data processing serves the purpose of analysing this website and its visitors. Google will use the information obtained on behalf of the operator of this website to evaluate your use of the website, compile reports on website activity and provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.

Google Analytics uses cookies, which enable an analysis of the use of the website by you. The information generated by the cookies about your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website. As a result, your IP address will be shortened by Google in advance within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Your data may be transferred to the USA. The European Commission has issued an adequacy decision for data transfers to the USA. Processing is carried out on the basis of Art. 6 (1) lit. f DSGVO out of a legitimate interest in the need-based and targeted design of the website. For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

You can prevent the storage of cookies by selecting the appropriate technical settings in your browser software; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.

Use of the remarketing or "Similar Target Groups" feature of Google Inc.

We use the remarketing or "Similar Target Groups" function of Google Inc. on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). This function is used to analyze visitor behavior and interests.

Google uses cookies to analyze website usage, which forms the basis for creating interest-related advertisements. The cookies are used to record visits to the website and anonymous data on the use of the website. There is no storage of personal data of visitors to the website. If you subsequently visit another website in the Google Display Network, you will see advertisements that are highly likely to include previously accessed product and information areas.

Your data may also be transferred to the USA. The European Commission has issued an adequacy decision for data transfers to the USA.

Processing is based on Art. 6 (1) lit. f DSGVO in the legitimate interest of targeting website visitors with targeted advertising by placing personalised, interest-related advertisements for visitors to the provider's website when they visit other websites in the Google Display Network.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

To do this, you can permanently deactivate the use of cookies by Google by following the following link and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=e...

Alternatively, you can disable the use of cookies by third parties by visiting the Network Advertising Initiative's opt-out page at https://www.networkadvertising.org/choices/ and implementing the opt-out information provided there.

For more information about Google Remarketing and its privacy policy, please visit: https://www.google.com/privacy/ads/


Using Google Adwords Conversion Tracking

On our website we use the online advertising program "Google AdWords" and in this context conversion tracking. Google Conversion Tracking is an analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages of our website and the cookie has not expired, Google and we may recognize that you clicked on the ad and were directed to that page. Each Google AdWords customer receives a different cookie. As a result, there is no way that cookies can be tracked through AdWords customer websites.

The information collected through the Conversion cookie is used to compile conversion statistics. We learn the total number of users who clicked on one of our ads and were directed to a page tagged with a conversion tracking tag. However, we do not receive information that personally identifies users. The processing is based on Art. 6 (1) lit. f DSGVO for the legitimate interest in targeted advertising and the analysis of the effect and efficiency of this advertising.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

For this purpose, you can prevent the storage of cookies by selecting the appropriate technical settings in your browser software. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You will then not be included in the conversion tracking statistics.

You can also deactivate personalised advertising for you in the Google advertising settings. In addition, you can deactivate the use of cookies by third parties by calling up the deactivation page of the Network Advertising Initiative at https://www.networkadvertising.org/choices/ and implementing the further information on opt-out mentioned there.

Further information and Google's privacy policy can be found at: https://www.google.de/policies/privacy/


Using Facebook Remarketing

On our website we use the remarketing function "Custom Audiences" of Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook").

This function serves the purpose of targeting the visitors of the website with interest-related advertising in the social network Facebook.

For this purpose, the remarketing tag of Facebook was implemented on the website. This tag establishes a direct connection to the Facebook servers when visiting the website. This transmits to the Facebook server which of our pages you have visited. Facebook arranges this information

to your personal Facebook user account. When you visit the social network Facebook, you will see personalized, interest-based Facebook ads. Processing is based on Art. 6 (1) lit. f DSGVO for the legitimate interest in the above-mentioned purpose. For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

You can deactivate the remarketing function "Custom Audiences" here.

Further information on the collection and use of data by Facebook, on your rights in this regard and on ways of protecting your privacy can be found in Facebook's data protection information at https://www.facebook.com/about/privacy/.


Using Google AdSense

On our website we use the AdSense function of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").

This function serves the purpose of renting advertising space on the website and targeting visitors to the website with interest-related advertising.

This function is used to serve personalized, interest-based advertisements from the Google Display Network to visitors to the provider's website. Google uses cookies to analyze your use of the website. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the USA and stored there. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

The processing is based on Art. 6 (1) lit. f DSGVO for the legitimate interest in the above-mentioned purpose.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

You can permanently deactivate the use of cookies by Google by following the following link and downloading and installing the plug-in provided: https://support.google.com/ads/answer/7395996?hl=e...

Furthermore, you can deactivate the use of cookies by third-party providers by calling up the deactivation page of the Network Advertising Initiative at https://www.networkadvertising.org/choices/ and implementing the further information on opt-out mentioned there.

You can also prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.

You can find more detailed information and Google's privacy policy at: https://www.google.com/policies/technologies/ads/,... https://www.google.de/policies/privacy/


Using the Zendesk Chat live chat system

We use the live chat system of Zendesk Inc. (1019 Market Street, 6th Floor, San Francisco, California 94103, USA; "Zendesk") on our website.

The system serves the purpose of communication between you and us as the provider. This data can be used to create user profiles under a pseudonym. Cookies are used for this purpose. The cookies enable the recognition of the Internet browser.

Your data may be transmitted to the USA. The European Commission has issued an adequacy decision for data transfers to the USA. If Zendesk transfers the data to other third countries for which there is no adequacy decision, this is done on the basis of binding internal data protection regulations pursuant to Art. 47 DSGVO. These regulations can be viewed at https://d1eipm3vz40hy0.cloudfront.net/pdf/ZENDESK - BCR Processor Policy.pdf and https://d1eipm3vz40hy0.cloudfront.net/pdf/ZENDESK-...

Processing is carried out on the basis of Art. 6 (1) lit. f DSGVO out of a legitimate interest in direct customer communication.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

You can exercise the objection by preventing the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. Further information on the collection and use of data by Zendesk, on your rights in this regard and on ways of protecting your privacy can be found in Zendesk's data protection information at https://www.zendesk.com/company/customers-partners/privacy-policy/.


Using Facebook plug-ins

This website uses the plugin of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). When you visit pages on our site that have such a plug-in, a connection is established to the Facebook servers and the plug-in is displayed on the page by notifying your browser. This will tell the Facebook server which of our pages you have visited. If you are logged into Facebook as a member, Facebook assigns this information to your personal Facebook user account. When using the plug-in functions (e.g. clicking the "Like" button, posting a comment), this information is also assigned to your Facebook account, which you can only prevent by logging out before using the plug-in.

If you do not want Facebook to associate the collected information directly with your Facebook profile, you must either log out of Facebook before visiting our website or block the loading of Facebook plug-ins on our pages by using a "Facebook Blocker". For more information about Facebook's collection and use of information, your rights in this regard, and ways to protect your privacy, please see Facebook's Privacy Notice: https://www.facebook.com/policy.php.

Using the Google "+1" button

This website uses the "+1" button of the Google Plus social network of Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043 USA, (hereinafter "Google"). When you visit a page of our website that is marked with the "+1" button, a connection is established to the Google servers in the USA and the button is displayed on the page by notifying your browser. Both your IP address and the information which of our pages you have visited are transmitted to the Google server. This applies regardless of whether you are registered or logged on to Google Plus. Transmission also takes place in the case of non-registered or non-registered users.

The "+1" button is not used to record your visits to the Internet. When Google displays a "+1" button, it does not permanently log your browser history or otherwise evaluate your visit to a page with a "+1" button. Google will store information about your visit for about two weeks for system maintenance and troubleshooting purposes. However, this data is not structured according to individual profiles, user names or URLs and is not forwarded to us. In addition, if you are a member of Google Plus and logged into Google Plus during the time you use the plug-in, the information collected about your site visit will be linked to your Google Plus account and shared with other users. In the case of interactions that are possible with the various Google plug-ins, the corresponding information about you is also collected, transmitted to Google and stored. You can view an overview of the different types of Google plug-ins here: https://developers.google.com/+/web/

If you've made your profile publicly available in Google Plus preferences, Google may display your "+1" as clues along with your profile name and photo in Google services, such as search results or your Google profile, or elsewhere on websites and ads on the web. If you do not want Google to associate the information we collect directly with your Google Plus profile, you must log out of Google Plus before you visit our site. For more information about Google's collection and use of the information, your rights in relation thereto, and how Google can protect your privacy, please see Google's privacy policy: www.google.com/intl/de/+/policy/+1button.html.

You also have the option of installing appropriate add-ons in your browser to prevent the Google plug-ins from loading.

Use of Twitter plug-ins

The functions of the Twitter service are integrated on our website. Twitter is a social media portal from Twitter Inc.,795 Folsom St., Suite 600, San Francisco, CA 94107, (USA).

We use Twitter plug-ins. If you call up a corresponding page containing such a plug-in, the data will be exchanged with the Twitter servers located in the USA. Even in the case of interactions that are possible with the various Twitter plug-ins, the corresponding information about you is collected and transmitted to Twitter and stored. In addition, if you are a member of Twitter and logged in to Twitter during the time you use the plug-in, the information collected about your website visit will be linked to your Twitter account and shared with other users.

If you do not want Twitter to link and merge the information with your Twitter account information, you must log out of Twitter before visiting our website. For more information about Twitter's collection and use of information, please visit https://twitter.com/privacy.

Use of Instagram plug-ins

This website uses plug-ins from the Instagram online service operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram").

When you visit pages on our Web site that contain such a plug-in, a connection is established to the Instagram servers and the plug-in is displayed on the page by notifying your browser. This will transmit to the Instagram servers both your IP address and the information about which of our pages you have visited.

If you are logged into Instagram, Instagram will associate this information with your personal user account. When you use the plug-in features (e.g., clicking the "Instagram" button), this information is also assigned to your Instagram account, which you can only prevent by logging out before using the plug-in.

If you do not want Instagram to associate the collected information directly with your Instagram account, you must either log out of Instagram before visiting our site or block your browser from loading the Instagram plug-in on our site by using an add-on, such as the script blocker "NoScript" (noscript.net).

For more information about Instagram's collection and use of this data, your rights in this regard, and how Instagram can protect your privacy, please see Instagram's Privacy Notice: https://help.instagram.com/155833707900388

Using YouTube

We use the YouTube LLC YouTube video embedding feature on our website. (901 Cherry Ave., San Bruno, CA 94066, USA; "YouTube").

YouTube is a service offered with Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").

The function displays videos stored on YouTube in an iFrame on the website. The Advanced Privacy Mode option is enabled. This prevents YouTube from storing information about website visitors. Only when you watch a video will information about it be sent to YouTube and stored there.

For more information about YouTube's and Google's collection and use of this information, your rights in this regard, and how YouTube can protect your privacy, please see YouTube's privacy policy (https://www.youtube.com/t/privacy).

Using WhatsApp

We offer the possibility to contact us via WhatsApp. If you contact us via WhatsApp, you agree that we will communicate with you in this way.

We may point out to you that for the correspondence the use and data protection conditions of WhatsApp find application, on which the Smile Me Up GmbH has no influence. The conditions of WhatsApp, you can see under (www.whatsapp.com/legal/).

We recommend in your own interest: In your correspondence with us, please refrain from transmitting personal data via WhatsApp. This includes, for example, account and contract data, in particular customer data or unambiguous images. Should correspondence develop in this direction, please understand that we will refer you to another communication channel (e-mail, telephone number).

If you wish to contact us via the WhatsApp messenger service, you will automatically send us your mobile number. This number is stored on secure mobile devices by Smile Me Up GmbH. We use the mobile number only and exclusively for WhatsApp communication. The Smile Me Up GmbH treats your data and the communication data according to valid data protection right. Your data are used exclusively for the purpose of communication and deleted after expiration of the legal storage obligation. The persons authorized to access the data are additionally obligated in writing to the data secrecy according to § 5 BDSG.

No user profiles are provided, the data are not passed on to third parties, as far as this is not already specified by the general trading conditions by WhatsApp as use condition. Please note that confidentiality is not guaranteed by WhatsApp. If you have installed WhatsApp on your mobile device, you agree to the terms and conditions of WhatsApp, on which the Smile Me Up GmbH has no influence.

These include, but are not limited to, that you grant WhatsApp Inc. multiple accesses. In addition, data is stored on WhatsApp Inc. servers that are not subject to European data protection laws. WhatsApp's privacy policy can be found at (www.whatsapp.com/legal/ ). We would like to point out that you must not share any confidential or sensitive information, such as bank data, customer or contract data, etc., as far as possible.

Duration of storage

After complete processing of the contract, the data will initially be stored for the duration of the warranty period, then under consideration of statutory, in particular tax and commercial retention periods and then deleted after expiry of the period if you have not agreed to further processing and use.

Rights of the person concerned

If the legal requirements are met, you are entitled to the following rights pursuant to Art. 15 to 20 DSGVO: right to information, to correction, to deletion, to restriction of processing, to data transferability.

Furthermore, Art. 21 (1) DSGVO entitles you to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct advertising.

Please contact us if you wish. You will find the contact details in our imprint.

Right of appeal to the supervisory authority

Pursuant to Art. 77 DSGVO, you have the right to complain to the supervisory authority if you are of the opinion that the processing of your personal data is not lawful.

last update: 28.01.2019