Privacy policy

 

 

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.

"Personal data" is any information relating to an identified or identifiable natural person.

Server Log Files
You can use our websites without submitting personal data.  
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.


Contact

Responsible Person
Contact us at any time. The person responsible for data processing is: Christina Rüßmann, Wilhelm-Strohmeier-Ring 17, 25832 Tönning Deutschland, 0049 (0)4861 61 87 079, hello@merryandbright.de

Proactive Contact of the Customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request. 
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR. 
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.


Collection and Processing when using the Contact Form
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.

If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR. If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.


Collection and Processing when sending Images via Upload
We provide an upload function for image files on our website. It is thus possible to send images to us by means of encrypted data transmission. With the transmission of your images, we may collect your personal data (image of an identifiable person) only to the extent provided by you. The purpose of data processing is to create personalized products. The sent image serves as a template for the product and is used for this purpose (e.g., T-shirt print). The processing is carried out on the basis of Art. 6 para. 1(b) GDPR and is required for the performance of a contract with you. Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be deleted subject to legal retention periods, provided that you have not consented to further processing and use.

Collection and Processing when Images are sent by Email
You have the option to send us images via e-mail in connection with the order of a personalized product.
With the transmission of your images, we may collect your personal data (image of an identifiable person) only to the extent provided by you. The purpose of data processing is to create personalized products. The sent image serves as a template for the product and is used for this purpose (e.g. T-shirt print). The processing is carried out on the basis of Art. 6 para. 1(b) GDPR and is required for the completion of a contract with you.
Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be deleted subject to legal retention periods, provided that you have not consented to further processing and use.


Customer Account Orders

Customer Account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.

Collection, Processing, and Transfer of Personal Data in Orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.


Evaluations Advertising

Use of Judge.me
We use the ‘Judge.me' rating system from Judge.me Ltd (c/o Buckworths 2nd Floor, 1-3 Worship Street, London, England, EC2A 2AB; ‘Judge.me') on our website.
Judge.me allows us to collect customer reviews and display them on our website to give you an insight into the quality of our services.
After placing an order, you can receive an invitation to submit a review from us or Judge.me and then submit a review. The following data may be processed by us or Judge.me: Email address, name, telephone number, address, information about your device (IP address, information about your web browser and the operating system used), information about the product purchased or service used (order number, product details), the content of your review and the star rating you have given, your product photos or videos (if you have attached these to your product review). This data may also be used for the purpose of verifying your rating.
Judge.me uses technologies such as cookies. Your data may be transferred outside the EU to the United Kingdom. An adequacy decision by the EU Commission is in place for the United Kingdom.
Your data may be transferred to the USA. An adequacy decision of the EU Commission is in place for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). Judge.me is not certified under the TADPF. This data transfer is based on specific contracts that have been authorised for use in the UK and which provide the same protection that personal data has in the UK.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 sentence 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. Your personal data will be processed with your consent on the basis of Art. 6 para. 1 lit. a GDPR, provided that you have expressly consented to the disclosure of your data and the receipt of the evaluation request. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Further information on data protection when using Judge.me can be found at:
https://judge.me/privacy.

Use of your Email Address for Mailing of Newsletters
We use your e-mail address to send you information and offers by newsletter, provided you have expressly consented to this. The data processing serves the sole purpose of advertising. For this purpose, we process your e-mail address and any other data that you have voluntarily provided when registering for our newsletter.
The processing is carried out on the basis of Art. 6 para. 1 lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by sending us a message. Your e-mail address will then be removed from the mailing list. Despite removal from the mailing list, we may continue to store your email address in a blacklist to prevent you from receiving future newsletter emails from us. This storage takes place on the basis of Art. 6 para. 1 lit. f GDPR out of our and your legitimate interest in preventing the reuse of your e-mail address for sending our newsletter. You have the right to object to this processing of your personal data at any time on grounds relating to your particular situation.


Merchandise Management

Use of an External Merchandise Management System
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to Billbee GmbH, Arolser Str. 10, 34477 Twistetal, Germany


Payment Service Providers Credit Check

Use of Klarna Payment Options
On our website we use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"). By selecting and using payment via Klarna, the data required for payment processing is transmitted to Klarna in order to be able to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.

‘Pay Later' (invoice), ‘Pay Now' (payment by direct debit, credit card, instant bank transfer), ‘Financing' (instalment purchase)
For individual payment methods such as ‘Pay Later' (invoice), ‘Pay Now' (payment by direct debit, credit card, instant bank transfer), ‘Financing' (instalment purchase), Klarna reserves the right to obtain credit information based on mathematical-statistical procedures using credit agencies.
For this purpose, Klarna transmits the personal data required for a credit assessment, such as first and last name, address, gender, email address, IP address and data related to the order to a credit agency for the purpose of checking the identity and creditworthiness and uses the obtained information on the statistical probability of a payment default in order to reach a well-considered decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit asessment for contract initiation. The processing is carried out on the basis of art. 6 Par. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Klarna pays in advance. For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR by notifying Klarna. The provision of the data is necessary for the conclusion of the contract by means of the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method of your choice.

Further information, in particular to which credit agencies Klarna passes on your personal data, can be found for Germany at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies and for Austria at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/credit_rating_agencies

General information about Klarna can be found for Germany at: https://www.klarna.com/de/ and for Austria at: https://www.klarna.com/at/. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy for Germany at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy and for Austria at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.


Cookies

Our website uses cookies. Cookies are small text files which are saved in a user's internet browser or by the user's internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user's operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.

Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Technically Necessary Cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.


Analysis Communication

Use of Shopify Analytics
We use the statistical and analytical functions of Shopify International Ltd. (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website as part of an order processing. Shopify is an affiliated company of Shopify Inc. (151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The processing of data serves to analyse this website and its visitors. For this purpose, data is stored for marketing and optimisation purposes and provided in reports, analyses and statistics. In the process, the following device information is collected and processed, among others: Web browser information, IP address, time zone and some of the cookies installed on your device. When you navigate the website, information is also collected on websites or products accessed, the referrer URL (website from which you accessed our website), and information on how you interact with the website. This is done using technologies such as cookies and web beacons, tags and pixels (electronic files that collect information about how you navigate the website).
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 Para. 1 Sentence 1 TDDDG in conjunction with Art. 6 Para. 1 Letter a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.

You can find more detailed information on data protection at Shopify at: https://www.shopify.com/de/legal/datenschutz, information on the order processing agreement at: https://www.shopify.com/de/legal/dpa, and information on the cookies used at: https://www.shopify.com/de/legal/cookies.

Use of Shopify Inbox
We use the live chat system and Shopify Inbox of Shopify International Ltd. (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website as part of an order processing. Shopify is an affiliated company of Shopify Inc. (151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The data processing serves the purpose of direct and efficient communication between you and us as a provider. Data is stored and processed for the operation of the system and for the purpose of optimising the service.
In order to operate the live chat system, cookies may be used to enable browser recognition. This may involve the following information being recorded and processed: IP address and personal data provided by you when using the chat system.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
The use of cookies or comparable technologies is carried out with your consent on the basis of Section 25 para. 1 sentence 1 TDDDG in conjunction with Art. 6 para. 1 lit a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.

You can find more information about data protection at Shopify at: https://www.shopify.com/de/legal/datenschutz and https://www.shopify.com/de/legal/dpa.

Plug-ins

Use of Google reCAPTCHA
We use the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website under a data processing agreement. The purpose of this check is to distinguish between input by a human and automated, machine-based processing. To this end, your input is transmitted to Google and processed there. In addition, the IP address and, where applicable, other data required by Google for the reCAPTCHA service are transmitted to Google. This data is processed by Google within the European Union and, where applicable, also transmitted to servers of Google LLC in the USA. An adequacy decision by the European Commission is in place for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Google has obtained certification under the TADPF and is therefore committed to complying with European data protection principles.
The use of cookies or similar technologies takes place with your consent on the basis of Section 25(1) sentence 1 of the TDDDG in conjunction with Article 6(1)(a) of the GDPR. The processing of your personal data takes place with your consent on the basis of Article 6(1)(a) of the GDPR. You may withdraw your consent at any time without this affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal.

Use of Google invisible reCAPTCHA
Our website uses the invisible reCAPTCHA service by reCAPTCHA der Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Irland; "Google"). This serves to distinguish whether the input was made by a human or automatic machine processing. In the background, Google collects and analyses usage data which is also used by invisible reCaptcha to distinguish between regular users and bots. For this purpose your input will be transmitted to Google and further used there. In addition, the IP address and, where applicable, other data required by Google for the invisible reCAPTCHA service will be transmitted to Google. This data will be processed by Google within the European Union and, where necessary, also in the USA. 
For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles. 
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.  
You can find more detailed information on Google reCAPTCHA and the associated data privacy policy at: https://www.google.com/recaptcha/intro/android.html and: https://www.google.com/privacy

Use of Cloudflare
On our website, we use the Content Delivery Network, Cloudflare CDN of Cloudflare Inc. (101 Townsend St, San Francisco, CA 94107, USA; "Cloudflare"). This is a supraregional network of servers in different data centres with which our web server connects and via which certain contents of our website are delivered.
The purpose of the data processing is to optimise the loading times of our website in order to make our offer more user-friendly.
This can involve the collection of, among other things, the following information: IP address, system configuration information, information about the traffic from and to customer websites (server log files).
Your data may be transferred to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Cloudflare has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
Processing is carried out on the basis of Article 6(1)(f) GDPR for the purposes of our legitimate interest in needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of your personal data and carried out on the basis of Article 6(1)(f) GDPR.
For more information about privacy when using Cloudflare, please visit: https://www.cloudflare.com/de-de/privacypolicy/.

Use of Cloudfront
Our website uses the Cloudfront CDN content delivery network provided by Amazon Web Services EMEA SARL (38 avenue John F. Kennedy, L-1855, Luxembourg; ""Cloudfront"").
This is a supra-regional network of servers in various data centers to which our web server connects and through which certain content on our website is delivered.
The data processing serves the purpose of optimizing the loading times of our website and thus making our offer more user-friendly.
The following information, among others, may be collected: IP address, system configuration information, information about traffic to and from customer websites (so-called server log files).
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Cloudfront has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
Processing is carried out on the basis of Article 6(1)(f) GDPR for the purposes of our legitimate interest in needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of your personal data and carried out on the basis of Article 6(1)(f) GDPR.
For more information on data protection when using Cloudfront, please visit:
https://docs.aws.amazon.com/de_de/AmazonCloudFront/latest/DeveloperGuide/data-protection-summary.html and https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf.

Use of Google Fonts
We use Google Fonts from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website.
The data processing serves to facilitate the consistent display of fonts on our website. In order to load the fonts, a connection to Google servers is established when the page is accessed. Among other things, your IP address and information about the browser you are using will be processed and transmitted to Google. This data is not linked to your Google account. Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more detailed information on the data processing and data protection at: https://www.google.de/intl/de/policies/ and at: https://developers.google.com/fonts/faq.

Rights of Persons Affected and Storage Duration

Duration of Storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.

Rights of the Affected Person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.

Right to Complain to the Regulatory Authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.

You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:

Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein
Postfach 71 16
24171 Kiel
Phone.: +49 431 9881200
Fax: +49 431 9881223
Email Adress: mail@datenschutzzentrum.de

Right to Object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.

last update: 22.10.2024