Data protection

1. Privacy at a glance

General information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed under this text.

Data collection on this website

Who is responsible for data collection on this website?

The data processing on this website is carried out by the website operator. You can find their contact details in the section "Notice on the responsible body" in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you communicate it to us. This can be z. B. be data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request that the processing of your personal data be restricted. You also have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time if you have any further questions on the subject of data protection.

Analysis tools and third-party tools

When you visit this website, your surfing behavior can be statistically evaluated. This is mainly done with so-called analysis programs.

Detailed information on these analysis programs can be found in the following data protection declaration.

2. Hosting

We host the content of our website with the following provider:

DomainFactory

The provider is DomainFactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning (hereinafter DomainFactory) When you visit our website, DomainFactory collects various log files including your IP addresses.

Details can be found in DomainFactory's data protection declaration: https://www.df.eu/de/datenschutz/.

DomainFactory is used on the basis of Article 6 (1) (f) GDPR. We have a legitimate interest in our website being displayed as reliably as possible. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para B. for device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

order processing

We have concluded an order processing contract (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the personal data of our website visitors is only processed according to our instructions and in compliance with the GDPR.

3. General information and mandatory information

privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

If you use this website, various personal data will be collected. Personal data is data with which you can be personally identified. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible body

The responsible body for data processing on this website is:

MELLOWMAGIC WORLD LLC
Manager: Melanie Waldowski
1846 E Innovation Park Dr.
STE 100
ORO VALLEY
Arizona 85755
United States

Telephone: +505 8713 6328
Email: shop@mellowmagicworld.com

The responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

storage duration

Unless a specific storage period has been specified in this data protection declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the data will be deleted once these reasons have ceased to exist.

General information on the legal basis for data processing on this website

If you have consented to the data processing, we will process your personal data on the basis of Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, if special data categories according to Article 9 Paragraph 1 GDPR are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also based on Article 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g. via device fingerprinting), data processing is also based on Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Article 6 (1) (b) GDPR. Furthermore, we process your data if they are required to fulfill a legal obligation on the basis of Article 6 (1) (c) GDPR. Data processing can also take place on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR. The following paragraphs of this data protection declaration provide information on the relevant legal bases in each individual case.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data can be transferred to these third countries and processed there. We would like to point out that in these countries no level of data protection comparable to that of the EU can be guaranteed. For example, US companies are obliged to release personal data to security authorities without you as the person concerned being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) will process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. The legality of the data processing that took place up until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH A PROCESSING IS BASED CAN BE FOUND IN THIS DATA PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR CONCERNED PERSONAL DATA UNLESS WE CAN PROVE COMPREHENSIVE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOM OBJECTION ACCORDING TO ARTICLE 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES; THIS ALSO APPLIES TO PROFILING TO THE EXTENT RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION ACCORDING TO ART. 21 (2) GDPR).

Right of appeal to the competent supervisory authority

In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done to the extent that it is technically feasible.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time. You can contact us at any time if you have any further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the examination, you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.
  • If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to demand that the processing of your personal data be restricted instead of being deleted.
  • If you have lodged an objection in accordance with Art. 21 (1) GDPR, your interests and ours must be weighed up. As long as it has not yet been determined whose interests prevail, you have the right to demand that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State are processed.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

Objecting to Promotional Emails

We hereby object to the use of contact data published as part of the imprint obligation to send unsolicited advertising and information material. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.

4. Data collection on this website

cookies

Our website uses so-called "cookies". Cookies are small data packages and do not damage your end device. They are stored on your end device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies can also be stored on your end device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have different functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or to display advertising.

Cookies that are required to carry out the electronic communication process, to provide certain functions you want (e.g. for the shopping cart function) or to optimize the website (e.g. cookies for measuring web audience) (necessary cookies). stored on the basis of Article 6 (1) (f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies was requested, processing takes place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.

If cookies are used by third-party companies or for analysis purposes, we will inform you of this separately in this data protection declaration and, if necessary, ask for your consent.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of server request
  • IP address

This data is not merged with other data sources.

This data is collected on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - the server log files must be recorded for this purpose.

contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.

This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time.

The data you sent to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.

comment function on this website

For the comment function on this page, in addition to your comment, information about the time the comment was created, your e-mail address and, if you are not posting anonymously, the user name you have chosen will be stored.

Storage of the IP address

Our comment function saves the IP addresses of the users who write comments. Since we do not check comments on this website before they are activated, we need this data in order to be able to take action against the author in the event of legal violations such as insults or propaganda.

Storage duration of the comments

The comments and the associated data are stored and remain on this website until the commented content has been completely deleted or the comments must be deleted for legal reasons (e.g. offensive comments).

legal basis

The comments are stored on the basis of your consent (Article 6 (1) (a) GDPR). You can revoke any consent you have given at any time. An informal message by e-mail to us is sufficient. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

5. Social Media

Social media elements with Shariff

Elements from social media are used on this website (e.g. Facebook, Twitter, Instagram, Pinterest, XING, LinkedIn, Tumblr).

You can usually recognize the social media elements by the respective social media logos. To ensure data protection on this website, we only use these elements together with the so-called "Shariff" solution. This application prevents the social media elements integrated on this website from transferring your personal data to the respective provider when you first enter the site.

Only when you activate the respective social media element by clicking on the associated button will a direct connection to the provider's server be established (consent). As soon as you activate the social media element, the respective provider receives the information that you have visited this website with your IP address. If you are logged into your respective social media account (e.g. Facebook) at the same time, the respective provider can assign the visit to this website to your user account.

Activating the plugin represents consent within the meaning of Article 6 Paragraph 1 lit. a GDPR and Section 25 Paragraph 1 TTDSG. You can revoke this consent at any time with effect for the future.

The service is used to obtain the legally required consent for the use of certain technologies. The legal basis for this is Article 6 (1) (c) GDPR.

Instagram

Functions of the Instagram service are integrated on this website. These functions are offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

If the social media element is active, a direct connection will be established between your end device and the Instagram server. Instagram thereby receives information about your visit to this website.

If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or how it is used by Instagram.

Insofar as consent has been obtained, the above-mentioned Service on the basis of Art. 6 Para. 1 lit. a GDPR and § 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing ( Art. 26 GDPR). Joint responsibility is limited to collecting the data and passing it on to Facebook or Instagram. The processing by Facebook or Instagram after forwarding is not part of the joint responsibility. Our joint obligations have been set out in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for issuing data protection information when using the Facebook or Instagram tool and for implementing the tool on our website in a secure manner in accordance with data protection law. Facebook is responsible for the data security of Facebook and Instagram products. You can assert your rights (e.g. requests for information) regarding the data processed on Facebook or Instagram directly on Facebook. If you assert the rights of data subjects with us, we are obliged to forward them to Facebook.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://help.instagram.com/519522125107875 and https://de-de.facebook.com/help/566994660333381.

For more information, see Instagram's privacy policy: https://instagram.com/about/legal/privacy/.

Pinterest

On this website we use elements of the Pinterest social network operated by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.

If you call up a page that contains such an element, your browser establishes a direct connection to the Pinterest servers. This social media element transmits log data to the Pinterest server in the USA. This log data may include your IP address, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, how you use Pinterest and cookies.

Insofar as consent has been obtained, the above-mentioned Service on the basis of Art. 6 Para. 1 lit. a GDPR and § 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.

Further information on the purpose, scope and further processing and use of the data by Pinterest as well as your rights in this regard and options for protecting your privacy can be found in Pinterest's data protection information: https://policy.pinterest.com/de/privacy-policy.

6. Analysis Tools and Advertising

WPStatistics

This website uses the analysis tool WP Statistics to statistically evaluate visitor access. Provider is Veronalabs, ARENCO Tower, 27th Floor, Dubai Media City, Dubai, Dubai 23816, UAE (https://veronalabs.com).

With WP Statistics we can analyze the use of our website. WP Statistics records, among other things, Log files (IP address, referrer, browser used, origin of the user, search engine used) and actions taken by website visitors on the site (e.g. clicks and views).

The data recorded with WP Statistics is stored exclusively on our own server.

This analysis tool is used on the basis of Article 6 (1) (f) GDPR. We have a legitimate interest in the anonymous analysis of user behavior in order to optimize both our website and our advertising. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para B. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

IP anonymization

We use WP Statistics with anonymized IP. Your IP address will be shortened so that it can no longer be directly assigned to you.

7. Newsletters

newsletter data

If you would like to receive the newsletter offered on the website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter . Further data is not collected or only collected on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you unsubscribe from the newsletter or after it no longer serves any purpose. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR.

Data stored by us for other purposes remain unaffected.

After you have been removed from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist is only used for this purpose and is not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interests.

8. Plugins and Tools

Google Fonts (local hosting)

This site uses so-called Google Fonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. There is no connection to Google servers.

You can find more information about Google Fonts at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=de.

Font Awesome (local hosting)

This page uses Font Awesome for the uniform display of fonts. Font Awesome is installed locally. There is no connection to Fonticons, Inc. servers.

For more information about Font Awesome, see the Font Awesome Privacy Policy at: https://fontawesome.com/privacy.

Source: https://www.e-recht24.de