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Data protection declaration

TRANSLATED VERSION DOES NOT INCLUDE UPDATES- THE LEGALLY BINDING TEXT IS THE GERMAN VERSION

1) Information on the collection of personal data and contact details of the responsible person

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. In this context, personal data is all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is Stephanie Malgara, Stella Marina Beach, Lucile Grahn Strasse 37a, 81675 Munich, Germany, Tel.: +49 89 45709173, e-mail: hello@stellamarinabeach.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the controller). You can recognise an encrypted connection by the string "https://" and the lock symbol in your browser line.


2) Data collection when visiting our website

When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

- Our visited website

- Date and time at the time of access

- Amount of data sent in bytes

- Source/reference from which you reached the page

- Browser used

- Operating system used

- IP address used (if applicable: in anonymised form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.


3) Hosting & Content-Delivery-Network

Hosting by Shopify

We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), for the purpose of hosting and displaying the online shop on the basis of processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of Shopify's aforementioned services, data may also be transferred to Shopify Inc, 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc, Shopify Payments (USA) Inc or Shopify (USA) Inc as part of further processing on our behalf. In the event that data is transferred to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by adequacy decision of the European Commission. Further information on Shopify's data protection can be found on the following website: https://www.shopify.de/legal/datenschutz.

Further processing on servers other than the aforementioned of Shopify only takes place within the framework communicated below.


4) Contacting us

When contacting us (e.g. via contact form or e-mail), personal data is processed exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose. The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f DSGVO. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted when the circumstances indicate that the matter concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

5) Use of customer data for direct advertising

5.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by activating a verification link sent to the specified e-mail address.

By activating the verification link, you give us your consent to use your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. We store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a manner that goes beyond this, which is permitted by law and about which we inform you in this declaration.

5.2 Sending the e-mail newsletter to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services to those you have already purchased from our range by e-mail. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. This will only incur transmission costs for you according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.

5.3 - Advertising by letter post

On the basis of our legitimate interest in personalised direct advertising, we reserve the right to store your first and last name, your postal address and - insofar as we have received this additional information from you within the framework of the contractual relationship - your title, academic degree, year of birth and your occupational, industry or business designation in accordance with Art. 6 Para. 1 lit. f DSGVO and to use this information to send you interesting offers and information about our products by letter post.

You can object to the storage and use of your data for this purpose at any time by sending a message to the person responsible.


5.4 Goods availability notification by e-mail

For items that are temporarily unavailable, you can sign up to receive goods availability notifications by email. In this case, we will send you a one-time e-mail message about the availability of the item you have selected. Only your e-mail address is required for sending this notification. The provision of further data is voluntary and may be used to address you personally. We use the so-called double opt-in procedure for sending e-mails, which ensures that you will only receive a notification if you have expressly confirmed your consent to this by activating a verification link sent to the e-mail address provided.

By activating the verification link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. We store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for our goods availability e-mail notification service is used strictly for the intended purpose. You can unsubscribe from the availability notifications at any time by sending a message to the responsible person mentioned at the beginning. After unsubscribing, your e-mail address will be deleted immediately from our mailing list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data in a manner that goes beyond this, which is permitted by law and about which we inform you in this declaration.


6) Data processing for order processing

6.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b DSGVO.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 (1) lit. c DSGVO. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

6.2 Use of payment service providers (payment services)

- PayPal

When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.

For the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, PayPal reserves the right to carry out a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal's data protection declaration: 


https://www.paypal.com/de/webapps/mpp/ua/privacy-full

You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.

- Shopify Payments

We use the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered via the payment service provider Shopify Payments, the payment processing will be carried out by the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank sort code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 Para. 1 lit. b DSGVO. Your data will only be passed on for the purpose of processing payments with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. You can find more information on the data protection of Shopify Payments at the following Internet address: https://www.shopify.com/legal/privacy.

Data protection information on Stripe Payments Europe Ltd. can be found here: https://stripe.com/de/privacy


7) Site functionalities

Shopsync for Shopify

This website uses the Shopify app "Shopsync" from ShopSync LLC, PO Box 252, Jefferson City, TN 37760, USA.

With the help of ShopSync, the newsletter service "Mailchimp" is synchronised with our Shopify account in such a way that, on the one hand, updates in Mailchimp email lists (such as a newsletter recipient opting out) are also automatically stored on Shopify and, on the other hand, new contact data generated via contracts concluded on Shopify are automatically transferred to the Mailchimp email lists.

In the former case, data processing is carried out pursuant to Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in the effective and cross-system maintenance of the files of advertising addressees and the efficient observance of legally significant status changes.

In the second case, exclusively on the basis of the user's express consent pursuant to Art. 6 (1) a DSGVO, after a contract has been concluded on Shopify for inclusion in the Mailchimp list, the user's first and last name, address and email address together with transaction-related information (purchase amount, time and date of purchase) are transmitted by ShopSync to Mailchimp.

Data transferred in this way is not stored or retained by ShopSync after synchronisation. All information synced between Shopify and Mailchimp is transmitted using Secure Socket Layer (SSL) technology and all information transmitted remains encrypted during the sync process.

The synchronisation process requires the transfer of information over a secure connection to servers hosted by Amazon Web Services in the USA.

You can find further data protection information on ShopSync here: https://shopsync.io/privacy-policy


8) Rights of the data subject

8.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective prerequisites for exercising these rights:

- Right to information pursuant to Art. 15 DSGVO;

- Right to rectification pursuant to Art. 16 DSGVO;

- Right to erasure pursuant to Art. 17 DSGVO;

- Right to restriction of processing pursuant to Art. 18 GDPR;

- Right to information pursuant to Art. 19 GDPR;

- Right to data portability pursuant to Art. 20 GDPR;

- Right to withdraw consent granted pursuant to Art. 7(3) GDPR;

- Right to lodge a complaint pursuant to Art. 77 DSGVO.

8.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.


9) Duration of storage of personal data

The duration of the storage of personal data is measured on the basis of the respective legal basis, the processing purpose and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his/her consent.

If there are statutory retention periods for data that is processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no justified interest on our part in continuing to store it.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his/her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) DSGVO, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21(2) DSGVO.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.