data protection

Data protection

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of the provision of our services as well as within our online offer and the associated websites, functions and content as well as external online presences, such as open our social media profile (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible person

M-day
Bergerstrasse 60
60316 Frankfurt
Germany
Email address: m-day@gmx.de
Owner: Wioletta Kaufmann
Link to the imprint: https://mday-shop.de

Types of data processed

  • Inventory data (e.g. personal master data, names or addresses).
  • Contact details (e.g., email, phone numbers).
  • Content data (e.g., text input, photographs, videos).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Meta / communication data (e.g. device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (in the following we refer to the affected persons collectively as “users”).

Purpose of processing

  • Provision of the online offer, its functions and content.
  • Answering contact inquiries and communicating with users.
  • Safety measures.
  • Reach measurement / marketing

Terms used

“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term is broad and encompasses practically every handling of data.

“Pseudonymization” the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

“Profiling” any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

“Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

“Processor” means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, unless the legal basis is mentioned in the data protection declaration, the following applies:
The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR;
The legal basis for processing in order to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR;
The legal basis for processing in order to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR as the legal basis.
The legal basis for the processing required to perform a task that is in the public interest or is carried out in the exercise of official authority that has been assigned to the person responsible is Art. 6 Para. 1 lit. e GDPR.
The legal basis for processing to safeguard our legitimate interests is Art. 6 Para. 1 lit. f GDPR.
The processing of data for purposes other than those for which they were collected is determined in accordance with the requirements of Art 6 Para. 4 GDPR.
The processing of special categories of data (in accordance with Art. 9 Para. 1 GDPR) is determined in accordance with the requirements of Art. 9 Para. 2 GDPR.

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings.

Cooperation with contract processors, jointly responsible persons and third parties

If we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) in the course of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as payment service providers to fulfill the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

Insofar as we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, furthermore, on a basis corresponding to the legal requirements.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or in the context of the use of third-party services or disclosure or transmission of data to other persons or companies happens, this only happens if it is done to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transmission, we process or have the data only in third countries with a recognized level of data protection, including the US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission ).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.

You have accordingly. the legal requirements to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with the legal requirements, you have the right to demand that the relevant data be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.

You have the right to request that the data relating to you that you have provided to us be received in accordance with the legal requirements and to request that it be transmitted to other responsible parties.

Furthermore, in accordance with the legal requirements, you have the right to lodge a complaint with the responsible supervisory authority.

Right of withdrawal

You have the right to revoke your consent with effect for the future.

Right to object

You can object to the future processing of the data concerning you at any time in accordance with the legal requirements. The objection can in particular be made against processing for direct marketing purposes.

Cookies and right to object to direct mail

“Cookies” are small files that are stored on the users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If we ask the user for consent to the use of cookies (e.g. in the context of a cookie consent), the legal basis for this processing is Art. 6 Para. 1 lit. a. GDPR. Otherwise, the personal cookies of the users are stored in accordance with the following explanations in the context of this data protection declaration on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR) or if the use of cookies is necessary to provide our contract-related services, in accordance with. Art. 6 para. 1 lit. b. GDPR, or if the use of cookies is necessary for the performance of a task that is in the public interest or is carried out in the exercise of public authority, in accordance with. Art. 6 para. 1 lit. e. GDPR, processed.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ to be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all of the functions of this online offer.

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements.

If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

Changes and updates to the privacy policy

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Business related processing

We also process
– Contract data (e.g., subject of the contract, term, customer category).
– Payment data (e.g. bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Order processing in the online shop and customer account

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing takes place to fulfill our services and to carry out contractual measures (e.g. carrying out order processes) and insofar as it is required by law (e.g. legally required archiving of business transactions for commercial and tax purposes). The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties within the framework of delivery, payment or within the framework of legal permits and obligations, as well as if this is done on the basis of our legitimate interests, which we inform you about in the context of this data protection declaration (e.g. to legal and tax advisors, Financial institutions, freight companies and authorities).

Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation or our legitimate interests (e.g. in the event of legal disputes). It is up to the users to save their data in the event of termination before the end of the contract.

As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our legal claims as a legitimate interest or there is a legal obligation to do so.

The deletion takes place after the expiry of statutory warranty and other contractual rights or obligations (e.g. payment claims or performance obligations from contracts with customers), whereby the need to store the data is checked every three years; in the case of storage due to legal archiving obligations, the deletion takes place after their expiry.

Google Cloud Services

We use the cloud and cloud software services offered by Google (so-called software as a service, e.g. Google Suite) for the following purposes: document storage and management, calendar management, sending e-mails, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publication of websites, forms or other content and information as well as chats and participation in audio and video conferences.

Here, the personal data of the users are processed insofar as they become part of the documents and content processed within the services described or are part of communication processes. This can include, for example, master data and contact details of the users, data on transactions, contracts, other processes and their content. Google also processes usage data and metadata that are used by Google for security purposes and service optimization.

When using publicly accessible documents, websites or other content, Google can save cookies on the user’s computer for web analysis purposes or to remember user settings.

We use the Google Cloud services on the basis of our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR on efficient and secure administration and collaboration processes. Furthermore, the processing takes place on the basis of an order processing contract with Google ( https://cloud.google.com/terms/data-processing-terms ).

Further information can be found in Google’s data protection declaration ( https://www.google.com/policies/privacy ) and the security information on Google Cloud services ( https://cloud.google.com/security/privacy/ ). You can object to the processing of your data in the Google Cloud in accordance with the legal requirements. In addition, the deletion of the data within Google’s cloud services is determined by the other processing processes in which the data is processed (e.g. deletion of data that is no longer required for contractual purposes or storage of data required for taxation purposes).

The Google Cloud services are offered by Google Ireland Limited. As far as a transfer takes place in the USA, we refer to the certification of Google USA under the Privacy Shield ( https://www.privacyshield.gov/participant?id=a2zt0000000000001L5AAI&status=Aktiv ) and standard protection clauses ( https://cloud.google. com / terms / data-processing-terms ).

Newsletter – shipping service provider

The newsletter is sent by the mailing service provider [NAME, ADDRESS, COUNTRY]. You can view the data protection regulations of the shipping service provider here:[LINK ZU DEN DATENSCHUTZBESTIMMUNGEN] . The shipping service provider is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f. GDPR and an order processing contract acc. Art. 28 para. 3 sentence 1 GDPR.

The shipping service provider can use the recipient’s data in pseudonymous form, ie without being assigned to a user, to optimize or improve its own services, e.g. for the technical optimization of shipping and the presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

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