Data protection
Privacy Policy
1) Information about 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. Below we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to identify you personally.
1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Lydienne Reith, Funny Cookware, Obervogt-Haefelin-Str. 33c, 77815 Bühl, Germany, Tel.: 017672424828, Email: funnycookware@gmail.com. The controller responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
1.3 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.
2) Data collection when visiting our website
If you use our website for information purposes 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, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time 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)
The processing is carried out in accordance with Art. 6 (1) (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 subsequently check the server log files if there are concrete indications of illegal use.
3) Hosting & Content Delivery Network
Hosted by Shopify
We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), for the purpose of hosting and displaying the online shop on the basis of processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of the aforementioned services from Shopify, data can also be transmitted to Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc. or Shopify (USA) Inc. as part of further processing on behalf of Shopify. In the event that data is transmitted to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by the European Commission's adequacy decision. Further information on Shopify's data protection can be found on the following website: https://www.shopify.de/legal/datenschutz
Further processing on Shopify servers other than those mentioned above will only take place within the scope communicated below.
4) Cookies
In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted when you close your browser (so-called "session cookies"), while others remain on your device for longer and enable you to save page settings (so-called "persistent cookies"). In the latter case, you can find out how long they are stored in the overview of your web browser's cookie settings.
If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 Para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 Para. 1 lit. 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.
You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.
5) Contact us
5.1 When you contact us (e.g. via contact form or email), personal data will be processed - exclusively for the purpose of processing and answering your request and only to the extent necessary for this purpose. The legal basis for processing this data is our legitimate interest in answering your request in accordance with Art. 6 Para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention periods to the contrary.
5.2 WhatsApp Business
We offer visitors to our website the opportunity to contact us via the WhatsApp messaging service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called “business version” of WhatsApp.
If you contact us via WhatsApp regarding a specific transaction (for example, an order you have placed), we will save and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 Paragraph 1 Letter b. GDPR to process and answer your request. On the basis of the same legal basis, we may ask you to provide further data (order number, customer number, address or email address) via WhatsApp in order to be able to assign your request to a specific process.
If you use our WhatsApp contact for general inquiries (e.g. about the range of services, availability or our website), we will save and use the mobile phone number you use for WhatsApp and - if provided - your first and last name in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in the efficient and timely provision of the requested information.
Your data will only be used to answer your request via WhatsApp. It will not be passed on to third parties.
Please note that WhatsApp Business receives access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp Business account, we use a mobile device in whose address book only the WhatsApp contact data of those users who have contacted us via WhatsApp are stored.
This ensures that every person whose WhatsApp contact details are stored in our address book has already consented to the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 Paragraph 1 Letter a of GDPR by accepting the WhatsApp terms of use when using the app for the first time on their device. The transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is therefore excluded.
For the purpose and scope of data collection and the further processing and use of the data by WhatsApp as well as your rights and setting options to protect your privacy, please refer to WhatsApp's privacy policy: https://www.whatsapp.com/legal/?eea=1#privacy-policy
6) Data processing when opening a customer account
In accordance with Art. 6 Paragraph 1 Letter b of GDPR, personal data will continue to be collected and processed to the extent required if you provide it to us when opening a customer account. You can find out which data is required to open an account in the input mask of the corresponding form on our website. You can delete your customer account at any time and can do so by sending a message to the above-mentioned address of the person responsible. After your customer account has been deleted, your data will be deleted provided that all contracts concluded through it have been fully processed, there are no statutory retention periods to the contrary and we have no legitimate interest in continuing to store the data.
7) Comment function
As part of the comment function on this website, in addition to your comment, information on the time the comment was created and the commentator name you chose will be saved and published on this website. In addition, your IP address will be saved for security reasons in order to enable an assignment to the author in the event of illegal comments. Your email address will be saved so that we can contact you if a third party complains that your published content is illegal.
8) Use of customer data for direct marketing
8.1 Registration for our email newsletter
If you sign up for our email newsletter, we will regularly send you information about our offers. The only mandatory information required to send the newsletter is your email address. Providing additional data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure to send the newsletter, which ensures that you only receive the newsletter once you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the email address provided.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Paragraph 1 Letter a of GDPR. We save your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your email address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a corresponding message to the person responsible named above. After unsubscribing, your email address will be immediately deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we inform you in this declaration.
8.2 - Newsletter delivery via Klaviyo
Our e-mail newsletters are sent via the technical service provider »Klaviyo«, 225 Franklin St, Boston, MA 02110, USA ( http://www.klaviyo.com/ ), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 Para. 1 lit. f GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a Klaviyo server in the USA and stored there.
Klaviyo uses this information to send newsletters on our behalf. Klaviyo does not use the data of our newsletter recipients to write to them directly or to pass it on to third parties.
To protect your data in the USA, we have a data processing agreement with Klaviyo (“Data Processing Agreement”) in which Klaviyo undertakes to protect our users’ data, to process it on our behalf in accordance with its data protection regulations and, in particular, not to pass it on to third parties.
You can view Klaviyo’s privacy policy here: https://www.klaviyo.com/privacy
8.3 Product availability notification by email
For items that are temporarily unavailable, you can register to receive email product availability notifications. We will send you a one-time email notification about the availability of the item you have selected. The only mandatory information required to send this notification is your email address. Providing additional data is voluntary and may be used to address you personally. We use the so-called double opt-in procedure to send emails, which ensures that you only receive a notification once you have expressly confirmed your consent to this by clicking on a verification link sent to the email address provided.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Paragraph 1 Letter a of GDPR. We store your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for our email notification service for product availability is used strictly for the intended purpose. You can unsubscribe from availability notifications at any time by sending a corresponding message to the person responsible named above. After unsubscribing, your email address will be immediately deleted from our mailing list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we inform you in this declaration.
9) Data processing for order processing
9.1 To the extent necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Paragraph 1 Letter b of GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable communication channels (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Paragraph 1 Letter c GDPR. Your contact details will be used strictly for the purpose of notifying you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
9.2 In order to fulfil our contractual obligations towards our customers, we work with external shipping partners. We pass on your name and delivery address and, if necessary for delivery, your telephone number, to a shipping partner selected by us exclusively for the purposes of delivering the goods (Art. 6 Para. 1 lit. b GDPR).
9.3 Use of special service providers for order processing and handling
- DSers
Order processing takes place via the dropshipping tool “DSers”, a service of Bowers Enterprises, LLC, 109 Cloister Drive, Peachtree City, GA 30269, USA. Name, address and any other personal data will be passed on to the respective shipping partner/supplier on our behalf in accordance with Art. 6 Paragraph 1 Letter b of GDPR exclusively for the purpose of delivering goods via DSers. Your data will only be passed on to the extent that this is actually necessary for processing the order. We have concluded a data processing agreement with DSers, with which we oblige DSers to protect our customers’ data and not to pass it on to third parties. You can find more information about DSers’ data protection regulations at https://www.dsers.com/privacy .
9.4 Use of payment service providers (payment services)
- Klarna
If you select a Klarna payment service, payment will be processed via Klarna Bank AB (publ), https://www.klarna.com/de/ , Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first and last name, street, house number, postcode, city, gender, email address, telephone number and IP address) as well as data related to the order (e.g. invoice amount, article, delivery method) will be passed on to Klarna for the purpose of identity and credit checks, provided that you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a GDPR as part of the ordering process. You can see which credit agencies your data can be forwarded to here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to: Klarna only collects address data. The information received about the statistical probability of a payment default is used by Klarna to make a balanced decision about the establishment, implementation or termination of the contractual relationship.
You can revoke your consent at any time by sending a message to the person responsible for data processing or to Klarna. However, Klarna may still be entitled to process your personal data if this is necessary for the contractual payment processing.
Your personal data will be processed in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection provisions for data subjects based in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
or for those affected based in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy
treated.
- Stripe
If you choose a payment method from the payment service provider Stripe, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will pass on the information you provided during the ordering process, along with information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 (1) (b) GDPR. Further information on Stripe's data protection can be found at the URL https://stripe.com/de/privacy#translation .
Stripe reserves the right to carry out a credit check based on mathematical-statistical procedures in order to protect the legitimate interest in determining the user's ability to pay. Stripe may transmit the personal data required for a credit check and received as part of the payment processing to selected credit agencies, which Stripe will disclose to users upon request. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, these are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data. Stripe uses the result of the credit check in relation to the statistical probability of default for the purpose of deciding on the eligibility to use the selected payment method.
You can object to this processing of your data at any time by sending a message to Stripe or the commissioned credit agencies.
However, Stripe may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
10) Rights of the data subject
10.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising them:
- Right to information pursuant to Art. 15 GDPR;
- Right to rectification pursuant to Art. 16 GDPR;
- Right to erasure pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to information pursuant to Art. 19 GDPR;
- Right to data portability according to Art. 20 GDPR;
- Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
- Right to complain according to Art. 77 GDPR.
10.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE 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 THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
11) Duration of storage of personal data
The duration for which personal data is stored is determined based on the respective legal basis, the purpose of processing and – if applicable – also on the respective statutory retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of an explicit consent in accordance with Art. 6 (1) (a) GDPR, these data will be stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (2) GDPR.
Unless the other information in this declaration on specific processing situations states otherwise, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.