Privacy policy

Privacy policy

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

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. Personal data in this context 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 (GDPR) is Tolga Dak, Faces of the Night, saarstraße 15, 53879 Euskirchen, Germany, Tel: +4915208935058, e-mail: Kontakt@facesofthenight.com. 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 requests to the controller). You can recognize an encrypted connection by the string "https://" and the lock symbol in your browser line.

2) Data collection when visiting our website


During the mere informational use of our website, 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 anonymized 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


Hosting by Shopify
We use the store 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 store 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. For further information on Shopify's data protection, please visit the following website: https://www.shopify.de/legal/datenschutz.
Further processing on servers other than the aforementioned of Shopify takes place only within the framework communicated below.

 

4) Cookies


In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow your browser to be recognized the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.

In some cases, the cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given, or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.

Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find this for each browser at the following links:

Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies

Please note that if you do not accept cookies, the functionality of our website may be limited.

 

5) Contacting

 


Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.



6) Data processing when opening a customer account and for contract processing

 


Pursuant to Art. 6 (1) lit. b DSGVO, personal data will continue to be collected and processed if you provide it to us for the purpose of executing a contract or opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete execution of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further use of data was reserved by our side.

 

7) Use of customer data for direct advertising

 


7.1 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. This means that we will only send you an e-mail newsletter after you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in the future by clicking on an appropriate link.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 (1) lit. a DSGVO. When you register for the newsletter, 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 collected by us when you register for the newsletter is used exclusively for the purpose of addressing you in an advertising manner by way of the newsletter. 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 person responsible mentioned 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.

7.2 Newsletter dispatch via Shopify Email

Our email newsletters are sent via Shopify Email, a service of Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 (1) lit. f DSGVO and serves our legitimate interest in using an effective advertising, secure and user-friendly newsletter system. The data entered by you for the purpose of receiving newsletters (e.g. email address) is generally stored on Shopify's servers in the EU.
As part of Shopify's aforementioned services, data may also be transmitted 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 behalf of Shopify. In the case of transfer of data to Shopify Inc. in Canada, the adequate level of data protection is guaranteed by adequacy decision of the European Commission.

Shopify uses this information to send and statistically evaluate the newsletters on our behalf. For the evaluation, the emails sent may contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively pseudonymously and is not linked to your other personal data, a direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

Furthermore, Shopify may use this data itself in accordance with Art. 6 (1) (f) DSGVO due to its own legitimate interest in designing and optimizing the service to meet demand, as well as for market research purposes, for example, to determine which countries the recipients come from. However, Shopify does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

We have entered into an order processing agreement with Shopify, which obliges Shopify to protect our customers' data and not to pass it on to third parties.

You can view Shopify's privacy policy here: https://www.shopify.de/legal/datenschutz


8) Data processing for order processing

 


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

The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b DSGVO.

8.2 Use of payment service providers (payment services)

- Apple Pay
If you choose the payment method "Apple Pay" of Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment processing is carried out via the "Apple Pay" function of your end device running iOS, watchOS or macOS by charging a payment card deposited with "Apple Pay". Apple Pay uses security functions integrated into the hardware and software of your device to protect your transactions. For the release of a payment, the entry of a code previously defined by you as well as the verification by means of the "Face ID" or "Touch ID" function of your terminal device is therefore required.
For the purpose of payment processing, the information you provide during the ordering process, together with information about your order, is passed on to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to carry out the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm the success of the payment.
If personal data is processed during the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) lit. b DSGVO.
Apple retains anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was completed successfully. Anonymization completely eliminates any reference to individuals. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on iPhone or Apple Watch to complete a purchase made through Safari on Mac, the Mac and the authorization device communicate over an encrypted channel on Apple's servers. Apple does not process or store any of this information in a format that can identify you personally. You can disable the ability to use Apple Pay on your Mac in your iPhone settings. Go to "Wallet & Apple Pay," and uncheck "Allow payments on Mac."
For more information about Apple Pay privacy, please visit the following web address: https://support.apple.com/de-de/HT203027
- Klarna
If you select a Klarna payment service, payment processing will be carried out by Klarna Bank AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first and last name, street, house number, postal code, city, gender, e-mail address, telephone number and IP address) as well as data related to the order (e.g. invoice amount, article, delivery type) will be forwarded to Klarna for the purpose of identity and credit checks, provided that you have expressly consented to this in accordance with Art. 6 para. 1 lit. a DSGVO during the ordering process. You can see which credit agencies your data may be forwarded to here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Klarna uses the information obtained about the statistical probability of non-payment for a weighed decision on the establishment, implementation or termination of the contractual relationship.
You may withdraw your consent at any time by sending a message to the data controller or to Klarna. However, Klarna remains entitled to process your personal data, if applicable, insofar as this is necessary for the processing of payments in accordance with the contract.
Your personal data will be processed in accordance with the applicable data protection regulations and as specified in Klarna's Privacy Policy for Data Subjects located in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
or for data subjects based in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy
handled.
- Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" 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 to the extent necessary for payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal. 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 with regard to 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 recognized 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.
- SOFORT
If you select the payment method "SOFORT", the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"), to whom we will pass on your information provided during the ordering process, together with information about your order, in accordance with Art. 6 (1) lit. b DSGVO. Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). Your data will only be passed on for the purpose of payment processing with the payment service provider SOFORT and only insofar as it is necessary for this purpose. You can obtain more information about SOFORT's privacy policy at the following Internet address: https://www.klarna.com/sofort/datenschutz.


9) Tools and other

 


Cookie consent tool based on Usercentrics technology

This website uses a cookie consent tool with technology from Usercentrics GmbH, Rosental 4, 80331 Munich, Germany (hereinafter "Usercentrics") to obtain effective user consent for cookies and cookie-based applications requiring consent.

By integrating a corresponding JavaScript code, users are shown a banner when they access the page, in which they can give their consent to certain cookies and/or cookie-based applications by ticking the appropriate box. The tool blocks the setting of all cookies requiring consent until the respective user grants the corresponding consent by setting a check mark. This ensures that cookies of this type are only set on the user's end device if consent has been granted.

In order for the cookie consent tool to be able to clearly assign page views to individual users and to individually record, log and store the consent settings made by the user for a session duration, certain user information (including the IP address) is collected when our website is called up by the cookie consent tool, transmitted to servers of Usercentrics and stored there.

This data processing is carried out pursuant to Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Further legal basis for the described data processing is furthermore Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

We have concluded an order processing agreement with Usercentrics, with which we oblige Usercentrics to protect the data of visitors to our website and not to pass it on to third parties.

For more information on data use by Usercentrics, please see the Usercentrics privacy policy at https://usercentrics.com/privacy-policy/.


10) Rights of the data subject

 


10.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:

Right to information pursuant to Art. 15 DSGVO: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period and/or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 DSGVO when your data is transferred to third countries;
Right to rectification pursuant to Art. 16 DSGVO: You have the right to have any inaccurate data relating to you corrected without delay and/or to have any incomplete data stored by us completed;
Right to deletion pursuant to Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified; if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved; or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.


10.2 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 FOR REASONS 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 THAT 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 OBJECTION AS DESCRIBED ABOVE.

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


11) 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 purpose of processing 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 or her consent.

If there are legal retention periods for data that is processed within the scope of legal business or similar obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or 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 Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.

Unless otherwise stated in the other information in this statement about 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.