Privacy policy

Privacy Policy of myToys.de GmbH                                 As at: 25.05.2018

 

The provisions of the EU General Data Protection Regulation (GDPR) apply across Europe since 25 May 2018 with regard to data protection. In the following Privacy Policy, we inform you about how myToys.de GmbH (and/or “we” or “the controller”) process your personal data in accordance with the GDPR and the Federal Data Protection Act (BDSG 2018).

Please read our Privacy Policy carefully. If you have any questions or comments about our Privacy Policy, do not hesitate to contact us by e-mail at: datenschutz@mytoys.de.

Contents

  1. Name and contact details of the data controller
  2. Contact details of the Data Protection Officer
  3. Purposes of data processing, legal bases and legitimate interests pursued by the controller or a third party and categories of recipients

3.1.        Using our website and/or application

3.1.1.     Log files

3.1.2.     Cookies, tracking, social media plugins

3.2.        Creation, execution and/or termination of a contract

3.2.1.     Data processing on conclusion of a contract

3.2.2.     Transfer of data to transport service providers

3.3.        Data processing for advertising purposes

3.4.        Online presence and website optimisation

3.4.1.     Cookies – general information

3.4.2.     Google Analytics

3.4.3.     Targeting

3.4.3.1.  Google AdSense

3.4.3.2. Right to object / Opt-out

3.5.        Customer account / User account

3.6.        Contact

3.7.        Payments

  1. Recipients outside the EU
  2. Your rights

5.1.        Overview

5.2.        Right to object

5.3.        Right to withdraw consent

  1. Name and contact details of the data controller

This Privacy Policy applies to data processing by

myToys.de GmbH
Potsdamer Str. 192
10783 Berlin
Germany

represented by the Managing Directors Dr. Oliver Lederle, Alexander Lederle and Florian Forstmann

Tel.: +49 (0)30 726 201 - 448
E-mail: service@mytoys.com

for the following website: www.mytoys.com

  1. Contact details of the Data Protection Officer

You can contact the data controller’s Data Protection Officer at:

myToys.de GmbH
Potsdamer Str. 192
10783 Berlin
Germany
E-Mail: datenschutz@mytoys.de

 

  1. Purposes of data processing, legal bases and legitimate interests pursued by the controller or a third party and categories of recipients

3.1.        Using our websites and/or application

3.1.1.     Log files

Every time you use our website/applications, information is sent from the internet browser you are using on your end device to our website/application server and is temporarily stored in protocol files, known as “log files”. The stored datasets contain the following data that are stored until they are automatically erased: date and time of your visit and the name of the page you visited.

The legal basis for processing your IP address is Art. 6 (1) f) GDPR. Our legitimate interest lies in

  • guaranteeing a smooth connection
  • guaranteeing a comfortable experience when using our website/application
  • evaluating system security and stability.

You cannot be identified on the basis of the above information nor do we attempt to do so.

The data are stored and automatically erased after the specified purposes have been fulfilled. The periods for which data are retained before erasure depend on necessity. 

3.1.2.     Cookies, tracking, social media plugins

We use cookies, tracking tools, targeting processes and social media plugins on our website/application. The exact processes used and how your data are processed in that connection are described in detail below.

3.2.        Creation, execution and/or termination of a contract

3.2.1.     Data processing on conclusion of a contract

If you register on our website and conclude a contract with us, we will process the data necessary for us to conclude, execute or terminate a contract. These data include:

  • First name, surname
  • Invoice and delivery address
  • E-mail address
  • Invoice and payment data
  • Telephone number (where required).

The legal basis for this is Art. 6 (1) b) GDPR. This means that you provide us with the data on the basis of the given contractual relationship (e.g. administration of your customer account, to handle a purchase order) between you and us. Furthermore, in the event that you make a purchase from our website/applications, we are required to process your e-mail address because we have a statutory obligation as set out in the Federal Civil Code (BGB) to send you an electronic order confirmation (Art. 6 (1) c) GDPR).

Insofar as we do not use your data for advertising purposes (see 3.3. below) we store the data we collect to handle the contract until the end of the statutory retention period and/or until any contractual warranty and guarantee rights lapse. After this period has come to an end, we retain the information relating to the contractual relationship for the statutory retention periods required under commercial and fiscal law. During this period the data will only be processed again in the event of an audit by the financial authorities.

3.2.2.     Transfer of data to transport service providers

In order to deliver the goods you order, we work with logistics service providers/transport companies and/or shipping partners to whom the following data may be transferred for the purpose of delivering the ordered goods and/or to announce them: first name, surname, postal address.

The legal basis for processing is Art. 6 (1) b) GDPR.

3.3.        Data processing for advertising purposes

Data is not processed for advertising purposes.

3.4.        Online presence and website optimisation

3.4.1      Cookies – general information

We use cookies on various pages in order to make your visit to our website attractive, to enable the use of certain functions, and to statistically evaluate website usage. Cookies are small text files created automatically by your browser which are stored on your end device (laptop, tablet, smartphone or similar) when you visit our website. Cookies do not harm your end device, and they do not contain any viruses, trojans or other malware. Cookies store information that is related to the specific end device used. However, this does not mean that we can directly identify you.

Most of the cookies we use are erased once you end your visit (these are known as session cookies). They allow us, for instance, to display your shopping basket across all pages so that you can see how many items are in your basket at any given time, and the sum of your purchases. Other cookies remain on your computer and enable us to recognise your computer when you next visit us (also known as permanent or persistent cookies). These cookies in particular help us to make our service user-friendly, more effective and more secure. Thanks to these files it is for example possible to show you information on the given page that is tailored to your interests.

If you have a customer account and are logged in and/or have activated the “stay logged in” function, the information stored in the cookies will be pseudonymised using a cookie ID.

Naturally, you can adjust your browser settings so that our cookies cannot be stored on your hard drive. The Help function in the menu bar of most web browsers will explain how to stop your browser accepting new cookies, how to instruct your browser to notify you when you receive a new cookie, or how to delete all cookies you have already received and block all future cookies.

Please proceed as follows:

For Internet Explorer:

Click on the gear in the top right-hand corner and choose “Internet Options”.
Select Privacy > Advanced
You can now adjust your security settings for the internet. This is where you set whether and which cookies are accepted or refused.
Confirm your setting by clicking on “OK”.

For Firefox:

In the menu choose “Options”
Click on “Privacy & Security”
In the drop-down menu select “History” and then click on “remove individual cookies”.
You can now set whether cookies should be accepted, for how long you wish them to stay on your computer, and add exceptions for the websites you will always or never allow to set cookies.
Click on “Close” to confirm your settings.

For Google Chrome:

Open the Chrome menu by clicking on the dots at the top right of the browser.
Select “Settings”.
Click on “Advanced”
In the “Privacy and Security” menu, select “Content Settings”.
Once you click on “Cookies” you can adjust the following cookie settings:
Delete cookies
Block cookies automatically
Clear cookies automatically at the end of your browser session
Allow exceptions for cookies from specific websites or domains.

We would however like to advise you that if you block cookies, you may not be able to use all the functions of our website.

Where these cookies and/or the information they contain relate to personal data, the legal basis for data processing is Art. 6 (1) f) GDPR. Our interest in optimising our website is deemed legitimate in the sense of the aforementioned regulation.

3.4.2.     Google Analytics

For the purposes of needs-appropriate design and ongoing optimisation of our web pages, we use Google Analytics, a web analysis service provided by Google Inc. (“Google”), on the basis of Art. 6 (1) f) GDPR. Google Analytics uses cookies. These are text files that are stored on your computer and which allow your use of our website to be analysed. Pseudonymised user profiles are created and cookies used in this connection. The information about your website usage generated by the cookie is, for example:

  • Browser type/version
  • Operating system being used
  • Referrer URL (the page you visited before coming to our website)
  • Host name of the accessing computer (IP address)
  • Time of the server request

Google uses this information on behalf of this website’s operator to evaluate your use of the website, to produce reports on website activity, and to provide other services related to website and internet usage to the website operator. Your IP address which is transferred by your browser for Google Analytics is not associated with other data held by Google. You can prevent the storage of the cookie by adjusting your browser settings. We would however like to advise you that if you do so, you may not be able to use all of our website’s functions. You may furthermore prevent Google from gathering and processing the data generated by the cookie relating to your website usage (incl. your IP address) by downloading and installing the browser plugin that is available by clicking on the following link: http://tools.google.com/dlpage/gaoptout?hl=de .

Alternatively to the browser add-on – and in particular for browsers on mobile end devices – you can also stop Google Analytics from collecting your data by clicking on this link. An opt-out cookie is then placed which will prevent the future collection of your data when you visit this website. The opt-out cookie will only work with that particular browser and only for our website, and it is placed on your device. If you delete cookies in this browser, you will have to place a new opt-out cookie. For more information about privacy in connection with Google Analytics, please refer to the Google Analytics website.

3.4.3.     Targeting

The targeting measures we use which are specified below are effected on the basis of Art. 6 (1) f) GDPR. We use these targeting measures to ensure that you are only shown advertising that meets or appears to meet your interests on your end devices, and that you are not bothered by advertising that does not interest you.

3.4.3.1.  Google AdSense

We use Google AdSense on our website. Google AdSense is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA for the integration of advertisements. Google AdSense uses cookies – text files that are stored on your computer so that your use of our website can be analysed. Google AdSense also uses what are known as “web beacons”. These allow Google to analyse information such as visitor flow to our website. This information, along with your IP address and details of the advertising formats displayed, is transferred to Google in the USA where it is stored and may be passed on by Google to contractual partners. Google does not however combine your IP address with other data that it has stored about you. You can block the installation of cookies by adjusting your browser settings; we would however advise you that if you do so, you may not be able to use all the functions of our website. You can refuse the use of your information at any time here .

For further information please see: https://policies.google.com/privacy?hl=de

3.4.3.2.  Right to object/Opt-out

Apart from the deactivation methods outlined above, you can also adjust your browser settings (also see 3.4.1) to block the targeting technologies described. You can also deactivate preference-based advertising with the help of the preference manager that is available here.

3.5.        Customer account/ User account

To offer you the greatest possible convenience, we give you the opportunity to store your personal data permanently in a password-protected customer account/user account.

Creating a customer account is voluntary and is effected on the basis of your consent in the sense of Art. 6 (1) b) GDPR. Once you have set up a customer account, no further data need to be input. Furthermore, you can see and amend the data stored in your customer account at any time.

It is only when you wish to place an order on our website/applications that you will be required to open a customer account so that your order can be handled. The legal basis for data processing in this case is (also) Art. 6, (1) b) GDPR.

In addition to the data requested in the event of an order, to create a customer account you must choose a password. Combined with your e-mail address, this password gives you access to your customer account. Please treat your personal login details confidentially and do not allow unauthorised third parties to have access to them. Please note that even after you leave our website, you will automatically remain logged in unless you actually sign out. You can delete your customer account at any time. You should however note that, if you have ever placed an order with us, deleting the account does not mean that the data contained in it are erased at the same time. Your data will be automatically erased once the statutory retention periods under commercial and fiscal law have lapsed. Art. 6 (1) c) GDPR and Art. 6 (1) f) GDPR form the legal basis for data processing in this instance.

3.6.        Contact

You can contact us either by e-mail or by post. If you contact us we will use any personal data that you voluntarily make available to us in this connection solely for the purpose of contacting you and processing your enquiry. Art. 6 (1) a), Art. 6 (1) b) and Art. 6 (1) f) GDPR form the legal basis for data processing in this instance.

3.7.        Payments

We process your payment information for the purpose of handling payment, e.g. if you buy a product and/or a service from us and/or make use of same. Depending on the type of payment, we may share your payment information with third parties (e.g. with your credit card provider if you pay by credit card).

Art. 6 (1) a), Art. 6 (1) b) and Art. 6 (1) f) GDPR form the legal basis for data processing in this instance.

  1. Recipients outside the EU

With the exception of the processing mentioned above, we do not transfer your data to recipients based outside the European Union or the European Economic Area. The specified types of processing trigger a data transfer to the servers of our tracking and targeting technology providers. These servers are located in the USA. Data transfer is on the basis of the EU Commission’s standard contractual clauses and observes the principles of what is known as the Privacy Shield.

  1. Your rights

5.1.        Overview

Apart from your right to withdraw any consents you have given to us, where the respective statutory conditions are fulfilled, you also have the following rights:

  • the right to information about any personal data about you that we have stored (Art. 15 GDPR); you may in particular request information about the purpose of processing, the category of personal data, the categories of recipients with whom your data have been or will be shared, the proposed retention period, and the source of your data where they were not obtained directly from you;
  • the right to rectification of incorrect data or the completion of correct data (Art. 16 GDPR);
  • the right to erasure of your personal data that we have stored (Art. 17 GDPR) insofar as we are not required to observe any statutory or contractual retention periods or other statutory obligations and/or rights relating to further retention;
  • the right to restriction of processing of your personal data (Art. 18 GDPR) insofar as you dispute the correctness of the data, the processing is unlawful and you oppose the erasure of that data; the data controller no longer requires the data but you require it for the establishment, exercise or defence of legal claims or you have objected to processing in accordance with Art. 21 GDPR.
  • the right to data portability as set out in Art. 20 GDPR, i.e. the right to receive selected data that we have stored about you in a commonly used, machine-readable format or the right to request that the data be transferred to some other data controller.
  • the right to lodge a complaint with a supervisory authority. As a rule you can contact the supervisory authority in your usual place of residence or work, or our head office.

You may exercise your rights as set out above at datenschutz@mytoys.de. You may exercise your right to data portability at datenschutz@mytoys.de.

5.2.        Right to object

Under the provisions of Art. 21, (1) GDPR, you may object to data processing on grounds relating to your particular position.

The present general right to object applies to the processing of all data set out in this Privacy Policy that is processed on the basis of Art. 6 (1) f) GDPR. Unlike the case of your right to object that specifically relates to data processing for advertising purposes, under the provisions of the GDPR we are only obliged to accept such a general objection if you can specify overriding reasons for us to do so (e.g. possible risk to life or health).

5.3.        Right to withdraw consent

Insofar as we process data on the basis of a consent you have granted us, you have the right at all times to withdraw that consent. Withdrawal of consent does not mean that the data processing carried out on the basis of consent up to the time of the withdrawal is invalid.