data protection
Data protection
Unless otherwise stated below, the provision of your personal data is neither required by law nor contractually, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is provided during subsequent processing operations.
“Personal data” means any information relating to an identified or identifiable natural person.
Server log files
You can visit our websites without providing any personal information.
Every time you access our website, usage data is transmitted to us or our web host/IT service provider through your Internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred and the requesting provider. The processing is carried out on the basis of Art. 6 Para. 1 lit. f GDPR out of our overriding legitimate interest in ensuring trouble-free operation of our website and in improving our offering.
Your data will be transmitted to Canada, among other places. There is an adequacy decision from the EU Commission for data transfers to Canada.
Contact
Responsible person
Contact us if you wish. The person responsible for data processing is: Illya Frumovych, Neue Welt, 20/1, 88471 Laupheim Germany, 073929387828, shop@heavymind.de
Initiative contact from the customer via email
If you initiate business contact with us via email, we will only collect your personal data (name, email address, message text) to the extent provided by you. The data processing serves to process and answer your contact request.
If the contact is used to carry out pre-contractual measures (e.g. advice if you are interested in buying, preparing an offer) or concerns a contract that has already been concluded between you and us, this data processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR.
If contact is made for other reasons, this data processing is carried out on the basis of Article 6 (1) (f) GDPR due to our overriding legitimate interest in processing and answering your request. In this case, you have the right, for reasons arising from your particular situation, to object at any time to this processing of your personal data based on Article 6 Paragraph 1 Letter f of the GDPR.
We only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when using the contact form
When you use the contact form, we only collect your personal data (name, email address, message text) to the extent provided by you. The data processing serves the purpose of establishing contact.
If the contact serves to carry out pre-contractual measures (e.g. advice if you are interested in buying, preparing an offer) or concerns a contract that has already been concluded between you and us, this data processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR.
If contact is made for other reasons, this data processing is carried out on the basis of Article 6 (1) (f) GDPR due to our overriding legitimate interest in processing and answering your request. In this case, you have the right, for reasons arising from your particular situation, to object at any time to this processing of your personal data based on Article 6 Paragraph 1 Letter f of the GDPR.
We only use your email address to process your request. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Collection and processing when sending images via upload
We provide an upload function for image files on our website. This makes it possible to send images to us using encrypted data transmission. When you submit your images, we may only collect your personal data (image of an identifiable person) to the extent provided by you. The data processing serves the purpose of creating personalized products. The image sent serves as a template for the product and is used for this purpose (e.g. T-shirt printing). The processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR and is necessary for the fulfillment of a contract with you.
Your data will not be passed on.
We only use the image you send to us within the scope of providing the service. Your data will then be deleted in compliance with statutory retention periods, unless you have consented to further processing and use.
Customer account orders
Customer account
When you open a customer account, we collect your personal data to the extent specified there. The data processing serves the purpose of improving your shopping experience and simplifying order processing. Processing is carried out on the basis of Article 6 Paragraph 1 Letter a GDPR with your consent. You can revoke your consent at any time by notifying us, without this affecting the lawfulness of the processing carried out based on your consent before its revocation. Your customer account will then be deleted.
Collection, processing and transfer of personal data when placing orders
When you place an order, we only collect and process your personal data to the extent that this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR and is necessary for the fulfillment of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.
Your data will be transmitted to Canada, among other places. There is an adequacy decision from the EU Commission for data transfers to Canada.
Advertising
Use of the email address to send newsletters
Regardless of the contract processing, we use your email address exclusively for our own advertising purposes to send newsletters, provided you have expressly agreed to this. Processing is carried out on the basis of Article 6 Paragraph 1 Letter a GDPR with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out based on your consent before its revocation. You can unsubscribe from the newsletter at any time using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the distribution list.
Your data will be passed on to a service provider for email marketing as part of order processing. It will not be passed on to other third parties.
Use of the email address to send direct mail
We use your email address, which we received as part of the sale of a good or service, to electronically send advertising for our own goods or services that are similar to those that you have already purchased from us, to the extent that you do so have not objected to use. Providing the email address is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is carried out on the basis of Art. 6 Para. 1 lit. f GDPR due to our overriding legitimate interest in direct advertising. You can object to this use of your email address at any time by notifying us. The contact details for exercising your objection can be found in the legal notice. You can also use the link provided in the promotional email. There are no costs for this other than the transmission costs according to the basic tariffs.
Shipping service provider
Passing on the email address to shipping companies for information about shipping status
We pass on your email address to the transport company as part of the contract processing, provided you have expressly agreed to this in the ordering process. The purpose of the transfer is to inform you by email about the shipping status. Processing is carried out on the basis of Article 6 Paragraph 1 Letter a GDPR with your consent. You can revoke your consent at any time by notifying us or the transport company, without affecting the lawfulness of the processing carried out based on your consent before its revocation.
Payment service provider
Using PayPal Express
We use the PayPal Express payment service from PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the PayPal Express payment service. In order to integrate this payment service, it is necessary for PayPal to collect, store and analyze data (e.g. IP address, device type, operating system, browser type, location of your device) when you access the website. Cookies can also be used for this purpose. The cookies enable your browser to be recognized.
Your personal data is processed on the basis of Art. 6 Para. 1 lit. f GDPR due to our overriding legitimate interest in a customer-oriented offer of various payment methods. You have the right to object to this processing of personal data concerning you at any time for reasons relating to your particular situation.
By selecting and using PayPal Express, the data required for payment processing will be transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR. Further information on data processing when using the PayPal Express payment service can be found in the associated data protection declaration at www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE#Updated_PS .
Using PayPal Check-Out
We use the PayPal Check-Out payment service from PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. By selecting and using payment via PayPal, credit card via PayPal, direct debit via PayPal or “Pay later” via PayPal, the data required for payment processing will be transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR.
Credit card via PayPal, direct debit via PayPal & “Pay later” via PayPal
For individual payment methods such as credit card via PayPal, direct debit via PayPal or “Pay later” via PayPal, PayPal reserves the right, if necessary, to obtain credit information based on mathematical and statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of non-payment to make a balanced decision about the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your concerns will be considered in accordance with the statutory provisions. The data processing serves the purpose of checking your creditworthiness to initiate a contract. The processing is carried out on the basis of Article 6 Paragraph 1 Letter f of the GDPR due to our overriding legitimate interest in protecting against non-payment if PayPal makes advance payments.
For reasons arising from your particular situation, you have the right to object at any time to this processing of your personal data based on Article 6 Paragraph 1 Letter f of the GDPR by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method you require. Failure to provide this means that the contract cannot be concluded using the payment method you have chosen.
Third Party
If you pay using a third-party payment method, the data required to process the payment will be transmitted to PayPal. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR. To carry out this payment method, PayPal may then pass on the data to the respective provider. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR. Local third parties can be, for example:
- Immediately (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main
Purchase on account via PayPal
When paying via the purchase invoice payment method, the data required for payment processing is first transmitted to PayPal. To carry out this payment method, PayPal will then transmit the data to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you using the selected payment method. This processing is carried out on the basis of Article 6 Paragraph 1 Letter b GDPR. Ratepay may carry out a credit report based on mathematical-statistical methods (probability or score values) using credit agencies using the process described above. The data processing serves the purpose of checking your creditworthiness to initiate a contract. The processing is carried out on the basis of Article 6 Paragraph 1 Letter f of the GDPR due to our overriding legitimate interest in protecting against non-payment if Ratepay makes advance payments. Further information on data protection and which credit agencies use Ratpay can be found at https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/ .
Further information on data processing when using PayPal can be found in the associated data protection declaration at https://www.paypal.com/de/webapps/mpp/ua/privacy-full .
Use of the payment service provider Stripe
All Stripe transactions are subject to the Stripe Privacy Policy. You can find these at https://stripe.com/de/privacy
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 accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is accessed again.
Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting the appropriate technical settings in your internet browser, you can be notified before cookies are set and decide individually whether to accept them and prevent the storage of the cookies and the transmission of the data they contain. 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 functions of this website to their full extent.
You can find out how you can manage cookies in the most important browsers (including deactivating them) using the links below:
Chrome: https://support.google.com/accounts/answer/61416?hl=de
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablassen
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Technically necessary cookies
Unless otherwise stated in the data protection declaration below, we only use these technically necessary cookies for the purpose of making our offering more user-friendly, effective and secure. Cookies also enable our systems to recognize your browser even after you change pages and to offer you services. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
The use of cookies or comparable technologies is based on Section 25 Paragraph 2 TTDSG. Your personal data is processed on the basis of Article 6 Paragraph 1 Letter f of the GDPR due to our overriding legitimate interest in ensuring the optimal functionality of the website and a user-friendly and effective design of our offering.
You have the right to object to this processing of personal data concerning you at any time for reasons relating to your particular situation.
Use of GDPR/CCPA + Cookie Management
We use the consent management tool GDPR/CCPA + Cookie Management from beeclever GmbH (Universitätsstraße 3, 56070 Koblenz a. Rh.; “beeclever”) on our website. The tool enables you to grant consent to data processing via the website, in particular the setting of cookies, and to make use of your right to revoke consent that has already been given.
The data processing serves the purpose of obtaining and documenting the necessary consent for data processing and thus complying with legal obligations. Cookies can be used. The following information, among others, can be collected and transmitted to beeclever: anonymized IP address, date and time of consent, URL from which the consent was sent, anonymous, random, encrypted key, consent status. This data will not be passed on to other third parties.
Data processing is carried out to fulfill a legal obligation based on Article 6 Paragraph 1 Letter c GDPR.
Further information on terms of use and data protection at beeclever can be found at: https://gdpr-legal-cookie.com/pages/terms-conditions and at https://gdpr-legal-cookie.com/pages/datenschutzerklarung.
Advertising tracking
Use of the Facebook Pixel
We use the “Custom Audiences” remarketing function from Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland “Facebook”) on our website.
Meta Platforms Ireland and we are jointly responsible for the collection of your data when you integrate the service and the transmission of this data to Facebook. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, which sets out the respective responsibilities. The agreement can be accessed at https://www.facebook.com/legal/controller_addendum . Thereafter, we are in particular responsible for fulfilling the information obligations in accordance with Articles 13 and 14 of the GDPR, for compliance with the security requirements of Article 32 of the GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations under Article 33 , 34 GDPR, to the extent that a personal data breach affects our obligations under the joint processing agreement. Meta Platforms Ireland is responsible for enabling the rights of those affected in accordance with Articles 15 - 20 of the GDPR, of complying with the security requirements of Article 32 of the GDPR with regard to the security of the service and of fulfilling the obligations under Articles 33 and 34 of the GDPR in the event of a violation the protection of personal data concerns Meta Platforms Ireland's obligations under the Joint Processing Agreement.
The purpose of the application is to target visitors to the website with interest-based advertising on the social network Facebook. For this purpose, Facebook's remarketing tag was implemented on the website. This tag is used to establish a direct connection to the Facebook servers when you visit the website. This sends information to the Facebook server about which of our pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook, you will be shown personalized, interest-based Facebook ads.
Your data may be transferred to the USA. There is no adequacy decision from the EU Commission for the USA. The data transfer is based, among other things, on standard contractual clauses as appropriate guarantees for the protection of personal data, which can be viewed at: https://www.facebook.com/legal/EU_data_transfer_addendum .
Your personal data is processed on the basis of Article 6 Paragraph 1 Letter f of the GDPR due to our overriding legitimate interest in targeting site visitors with interest-based advertising. You have the right to object to this processing of personal data concerning you at any time for reasons relating to your particular situation. You can deactivate the “Custom Audiences” remarketing function here .
Further information on the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy can be found in Facebook's data protection information at https://www.facebook.com/about/privacy/ .
Rights of those affected and storage period
Duration of storage
After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the deadline has expired, unless you have agreed to further processing and use.
Rights of the data subject
If the legal requirements are met, you are entitled to the following rights in accordance with Articles 15 to 20 of the GDPR: right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to processing based on Art. 6 Para. 1 f GDPR, as well as to processing for the purpose of direct advertising.
Right to lodge a complaint with the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that your personal data is not being processed lawfully.
You can lodge a complaint with, among other things, the supervisory authority responsible for us, which you can reach using the following contact details:
State Commissioner for Data Protection and Freedom of Information Baden-Württemberg
Königstrasse 10 a
70173 Stuttgart
Tel.: +49 711 6155410
Fax: +49 711 61554115
Email: poststelle@lfdi.bwl.de
Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 Paragraph 1 Letter f of the GDPR, you have the right to object to this processing at any time with future effect for reasons arising from your particular situation.
After an objection has been made, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
If personal data is processed for direct advertising purposes, you can object to this processing at any time by notifying us. After an objection has been made, we will stop processing the data concerned for the purpose of direct advertising.
last updated: January 10, 2022