Privacy policy

Privacy Policy

1) Introduction and Contact Details of the Data Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. Below, we inform you about how your personal data is handled when you use our website. Personal data means any information that can be used to identify you personally.

1.2 The data controller responsible for processing personal data on this website within the meaning of the General Data Protection Regulation (GDPR) is Philipp Böbs, Am Krankenhaus 5, 24568 Kaltenkirchen, Germany, Tel.: +49 151 12463535, Email: info@dontsinkpullup.com.

The data controller responsible for processing personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.

2) Data Collection When Visiting Our Website

When you use our website for information purposes only, meaning that you do not register or otherwise provide us with information, we collect only the data that your browser transmits to the page server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary to display the website to you:

The website visited
Date and time of access
Amount of data sent in bytes
Source/referrer from which you accessed the page
Browser used
Operating system used
IP address used (where applicable, in anonymized form)

The processing is carried out in accordance with Art. 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not disclosed to third parties or used for any other purpose. However, we reserve the right to review server log files retrospectively if there are specific indications of unlawful use.

3) Hosting and Content Delivery Network

Shopify

We use the system of the following provider to host our website and display its content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”).

Data is also transferred to: Shopify Inc., 150 Elgin Street, Ottawa, ON K2P 1L4, Canada.

All data collected on our website is processed on the provider’s servers. We have concluded a data processing agreement with the provider to ensure the protection of our website visitors’ data and to prohibit unauthorized disclosure to third parties.

When data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision issued by the European Commission.

4) Cookies

To make visiting our website more attractive and enable the use of certain functions, we use cookies, which are small text files stored on your device. Some cookies are automatically deleted when you close your browser (so-called “session cookies”), while others remain on your device for longer and allow website settings to be saved (so-called “persistent cookies”).

In the latter case, you can find information about the storage period in your web browser’s cookie settings overview.

If individual cookies used by us also process personal data, such processing is carried out in accordance with Art. 6(1)(b) GDPR for the performance of a contract, Art. 6(1)(a) GDPR where consent has been given, or Art. 6(1)(f) GDPR to protect our legitimate interests in ensuring the best possible functionality of the website and a customer-friendly and effective browsing experience.

You can configure your browser to notify you when cookies are being set and allow you to decide individually whether to accept them, or to exclude the acceptance of cookies in certain cases or altogether.

Please note that refusing cookies may limit the functionality of our website.

5) Contacting Us

When you contact us (e.g. via a contact form or email), personal data is processed exclusively for the purpose of handling and responding to your inquiry and only to the extent necessary for that purpose.

The legal basis for processing this data is our legitimate interest in responding to your inquiry pursuant to Art. 6(1)(f) GDPR. If your inquiry relates to the conclusion of a contract, Art. 6(1)(b) GDPR shall additionally serve as the legal basis for processing.

Your data will be deleted once the circumstances indicate that the matter in question has been conclusively resolved, provided that no statutory retention obligations prevent deletion.

6) Data Processing When Opening a Customer Account

In accordance with Art. 6(1)(b) GDPR, personal data will continue to be collected and processed to the extent necessary if you provide us with such data when opening a customer account.

You can find out which data is required to open an account by referring to the input fields in the corresponding form on our website.

You may delete your customer account at any time by sending a message to the data controller at the address stated above.

After your customer account has been deleted, your data will be erased, provided that all contracts concluded through the account have been fully performed, no statutory retention periods prevent deletion, and we have no legitimate interest in retaining the data.

7) Use of Customer Data for Direct Marketing

7.1 Email Newsletter Subscription

If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information required to send the newsletter is your email address. Providing any additional information is voluntary and may be used to address you personally.

We use the so-called double opt-in procedure for sending newsletters. This ensures that you will receive newsletters only after you have expressly confirmed your consent by clicking a verification link sent to the email address you provided.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6(1)(a) GDPR.

In this process, we store the IP address registered by your Internet Service Provider (ISP), as well as the date and time of registration, so that any potential misuse of your email address can be traced at a later date.

The data collected by us when you subscribe to the newsletter is used strictly for the specified purpose.

You may unsubscribe from the newsletter at any time using the designated link in the newsletter or by sending a corresponding message to the data controller named above.

After you unsubscribe, your email address will be promptly removed from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use your email address for other advertising purposes permitted by law, as explained in this privacy policy.

After you unsubscribe from the newsletter, your email address may be stored on a so-called suppression list and compared against recipient lists for future newsletters to technically prevent the renewed sending of newsletters that require consent.

This processing is carried out on the basis of our legitimate interest in preventing unwanted advertising emails pursuant to Art. 6(1)(f) GDPR.

7.2 Email Cart Reminders

If you abandon your shopping process before completing your order, you have the option of receiving a one-time email reminder about the contents of your virtual shopping cart.

The only mandatory information required to send this reminder is your email address. Providing any additional information is voluntary and may be used to address you personally.

We use the double opt-in procedure for sending these emails. This ensures that you receive a notification only after you have expressly confirmed your consent by clicking a verification link sent to the email address you provided.

By activating the confirmation link, you consent to the use of your personal data for sending a shopping cart reminder in accordance with Art. 6(1)(a) GDPR.

The data collected when you register for our email notification service is used strictly for the specified purpose.

You may unsubscribe from shopping cart reminders at any time by sending a corresponding message to the data controller named above.

After you unsubscribe, your email address will be promptly removed from the distribution list established for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use your data in other ways permitted by law, as explained in this privacy policy.

8) Data Processing for Order Fulfilment

8.1

Where necessary for the performance of the contract for delivery and payment purposes, the personal data collected by us will be transferred to the commissioned transport company and the commissioned financial institution in accordance with Art. 6(1)(b) GDPR.

If, under a corresponding contract, we are obliged to provide you with updates for goods with digital elements or for digital products, we process the contact details you provided when placing your order in order to inform you personally in accordance with our statutory information obligations under Art. 6(1)(c) GDPR.

Your contact details are used strictly for communications concerning updates that we are obligated to provide and are processed only to the extent necessary for the relevant notification.

8.2

To fulfil our contractual obligations, we may use supplier direct shipping (dropshipping).

For this purpose, we transfer your name and delivery address to a supplier selected by us exclusively for the delivery of goods, in accordance with Art. 6(1)(b) GDPR.

If we are required to deliver goods that cannot be shipped as standard parcels (such as freight shipments or bulky goods), we may also transfer your telephone number to the relevant supplier in accordance with Art. 6(1)(b) GDPR if prior telephone coordination of the delivery appointment is necessary.

8.3 Use of Payment Service Providers

Apple Pay

If you choose the payment method “Apple Pay” provided by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment processing will take place through the Apple Pay function on your device running iOS, watchOS, or macOS, by charging a payment card stored in Apple Pay.

Apple Pay uses security features integrated into your device’s hardware and software to protect your transactions. To authorize a payment, you must enter a code you have previously set and verify your identity using the Face ID or Touch ID function on your device.

For payment processing, the information you provide during the ordering process, together with information about your order, is transmitted to Apple in encrypted form. Apple then encrypts this data again using a developer-specific key before transmitting it to the payment service provider associated with the payment card stored in Apple Pay.

This encryption ensures that only the website on which the purchase was made can access the payment data.

After the payment has been completed, Apple sends your device account number and a transaction-specific, dynamic security code to the originating website to confirm successful payment.

Where personal data is processed during these transfers, the processing takes place exclusively for payment processing purposes in accordance with Art. 6(1)(b) GDPR.

Apple retains anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was completed successfully. Anonymization completely removes the link to an identifiable person. Apple uses this anonymized data to improve Apple Pay and other Apple products and services.

If you use Apple Pay on your iPhone or Apple Watch to complete a purchase initiated through Safari on your Mac, your Mac and authorization device communicate through an encrypted channel on Apple’s servers.

Apple does not process or store this information in a format that allows you to be identified. You can disable the use of Apple Pay on your Mac in your iPhone settings. Go to “Wallet & Apple Pay” and disable “Allow Payments on Mac.”

Further information about data protection when using Apple Pay is available at:

https://support.apple.com/de-de/HT203027

Bancontact

One or more online payment methods provided by the following provider are available on this website:

Bancontact Payconiq Company, Rue d’Arlon 82, 1040 Brussels, Belgium.

If you select a payment method provided by this provider that requires you to pay in advance (such as payment by credit card), the payment data you provide during the ordering process — including your name, address, bank and payment card details, currency, and transaction number — as well as information about the contents of your order, will be transferred to the provider in accordance with Art. 6(1)(b) GDPR.

Your data will be transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

EPS Bank Transfer

One or more online payment methods provided by the following provider are available on this website:

PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna, Austria.

Your data will be transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

Google Pay

If you choose the payment method “Google Pay” provided by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland (“Google”), payment processing will take place through the payment method stored in your Google Account.

To authorize a Google Pay payment on a desktop computer, you must first log in to your Google Account. On a mobile device, you must complete the relevant verification procedure, such as facial recognition, a password, a fingerprint, or a pattern.

For payment processing, the information you provide during the ordering process, together with information about your order, is transmitted to Google.

Google then transmits your payment information stored in Google Pay to the originating website in the form of a one-time transaction number, which is used to verify that payment has been made.

This transaction number contains no information about the actual payment details of the payment methods stored in Google Pay. Instead, it is generated and transmitted as a numerical token that is valid for one-time use.

For all transactions made through Google Pay, Google acts solely as an intermediary for processing the payment. The transaction itself takes place exclusively between the user and the originating website by charging the payment method stored in Google Pay.

Where personal data is processed during these transfers, the processing takes place exclusively for payment processing purposes in accordance with Art. 6(1)(b) GDPR.

Google reserves the right to collect, store, and evaluate certain transaction-specific information for each transaction made through Google Pay. This includes the date, time, and amount of the transaction; the merchant’s location and description; a description of the goods or services purchased provided by the merchant; photos you have attached to the transaction; the name and email address of the seller and buyer or sender and recipient; the payment method used; your description of the reason for the transaction; and, where applicable, the offer associated with the transaction.

According to Google, this processing is carried out exclusively in accordance with Art. 6(1)(f) GDPR on the basis of its legitimate interest in proper accounting, verification of transaction data, and optimization and maintenance of the Google Pay service.

Google also reserves the right to combine the processed transaction data with additional information collected and stored by Google when you use other Google services.

The Google Pay Terms of Service can be found here:

https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de

Further information about data protection when using Google Pay is available at:

https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de

iDEAL

One or more online payment methods provided by the following provider are available on this website:

Currence Holding BV, Beethovenstraat 300, Amsterdam, Netherlands.

Your data will be transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

Klarna

One or more online payment methods provided by the following provider are available on this website:

Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden.

If you select a payment method provided by Klarna that requires you to pay in advance (such as payment by credit card), the payment data you provide during the ordering process — including your name, address, bank and payment card details, currency, and transaction number — as well as information about the contents of your order, will be transferred to Klarna in accordance with Art. 6(1)(b) GDPR.

Your data will be transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

If you select a payment method under which Klarna pays in advance (such as payment by invoice, instalments, or direct debit), you will also be asked during the ordering process to provide certain personal data, including your first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and, where applicable, details of an alternative payment method.

To protect our legitimate interest in determining our customers’ creditworthiness, we transfer this data to Klarna for a credit assessment in accordance with Art. 6(1)(f) GDPR.

Based on the personal data you provide and other data, such as shopping cart contents, invoice amount, order history, and payment experience, Klarna assesses whether the payment option you selected can be offered in view of the risk of non-payment or default.

In addition to Klarna’s internal criteria, identity and creditworthiness information from the following credit reference agencies may be used in making the decision, in accordance with Art. 6(1)(f) GDPR:

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”). Where score values are included in the credit assessment, they are based on a scientifically recognized mathematical and statistical procedure. Factors used to calculate these scores include, but are not limited to, address data.

You may object to this processing of your data at any time by contacting us or the provider. However, the provider may still be entitled to process your personal data if this is necessary for contractual payment processing.

PayPal

One or more online payment methods provided by the following provider are available on this website:

PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.

If you select a payment method provided by PayPal that requires you to pay in advance, your payment data provided during the ordering process — including your name, address, bank and payment card details, currency, and transaction number — as well as information about the contents of your order, will be transferred to PayPal in accordance with Art. 6(1)(b) GDPR.

Your data will be transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

If you select a payment method under which we pay in advance, you will also be asked during the ordering process to provide certain personal data, including your first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and, where applicable, details of an alternative payment method.

In such cases, to protect our legitimate interest in determining your creditworthiness, we transfer this data to the provider for a credit assessment in accordance with Art. 6(1)(f) GDPR.

Based on the personal data you provide and other data, such as shopping cart contents, invoice amount, order history, and payment experience, the provider assesses whether the payment option you selected can be offered in view of the risk of non-payment or default.

Shopify Payments

One or more online payment methods provided by the following provider are available on this website:

Shopify International Limited, Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland.

If you select a payment method provided by Shopify that requires you to pay in advance (such as payment by credit card), the payment data you provide during the ordering process — including your name, address, bank and payment card details, currency, and transaction number — as well as information about the contents of your order, will be transferred to Shopify in accordance with Art. 6(1)(b) GDPR.

Your data will be transferred exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

8.4 Electronic Withdrawal Function for Distance Contracts

Consumers who enter into contracts on this website for which a statutory right of withdrawal exists have the option of declaring their withdrawal through an electronic withdrawal function in accordance with the applicable withdrawal provisions.

To provide this electronic withdrawal function, we use a solution offered by the following provider:

EU Widerruf Pro, Garnisonsgasse 4/11, 1090 Vienna, Austria.

When using the withdrawal function, you must provide or confirm information needed to identify the contract being withdrawn from, as well as other personal information, such as your first and last name and email address.

This information is initially collected by the provider on the basis of our legitimate interest in a user-friendly, stable, and process-optimized solution in accordance with Art. 6(1)(f) GDPR. It is then used to confirm receipt of the withdrawal declaration by email on our behalf and finally transmitted to us.

We subsequently process the information received to handle the withdrawal properly in accordance with Art. 6(1)(b) GDPR and Art. 6(1)(c) GDPR, based on our statutory obligation to provide an electronic withdrawal function for paid distance contracts with consumers.

The information collected by the provider is routinely deleted after the withdrawal has been fully processed, unless statutory retention obligations prevent deletion.

We have concluded a data processing agreement with the provider to protect data processed through the withdrawal function and prohibit unauthorized disclosure to third parties.

9) Tools and Other Services

Cookie Consent Tool

This website uses a so-called “cookie consent tool” to obtain valid user consent for cookies and cookie-based applications that require consent.

When users visit the website, the cookie consent tool displays an interactive user interface through which they can grant consent for specific cookies and/or cookie-based applications by ticking the relevant boxes.

The tool ensures that cookies and services requiring consent are loaded only if the respective user has given consent by ticking the relevant boxes. This ensures that such cookies are placed on the user’s device only when consent has been granted.

The tool uses technically necessary cookies to store your cookie preferences. As a rule, no personal user data is processed for this purpose.

If, in an individual case, personal data such as an IP address is processed to store, assign, or record cookie settings, this processing is carried out in accordance with Art. 6(1)(f) GDPR on the basis of our legitimate interest in legally compliant, user-specific, and user-friendly cookie consent management and, consequently, in ensuring that our website complies with applicable law.

Art. 6(1)(c) GDPR also serves as a legal basis for processing where applicable. As the data controller, we are legally required to make the use of technically unnecessary cookies dependent on the user’s consent.

Where necessary, we have concluded a data processing agreement with the provider to ensure the protection of our website visitors’ data and prohibit unauthorized disclosure to third parties.

Further information about the operator of the cookie consent tool and the available settings can be found directly in the corresponding user interface on our website.

10) Rights of Data Subjects

10.1

Applicable data protection law grants you the following rights against the data controller in relation to the processing of your personal data (rights of access and intervention). The relevant legal provisions governing the exercise of these rights are listed below:

Right of access pursuant to Art. 15 GDPR
Right to rectification pursuant to Art. 16 GDPR
Right to erasure pursuant to Art. 17 GDPR
Right to restriction of processing pursuant to Art. 18 GDPR
Right to notification pursuant to Art. 19 GDPR
Right to data portability pursuant to Art. 20 GDPR
Right to withdraw consent pursuant to Art. 7(3) GDPR
Right to lodge a complaint pursuant to Art. 77 GDPR

10.2 Right to Object

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

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE PERSONAL DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS POSSIBLE IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE, OR DEFENCE OF LEGAL CLAIMS.

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

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

11) Duration of Storage of Personal Data

The duration for which personal data is stored depends on the applicable legal basis, the purpose of processing, and, where applicable, the relevant statutory retention period (e.g. retention periods under commercial and tax law).

When personal data is processed on the basis of explicit consent pursuant to Art. 6(1)(a) GDPR, the data concerned will be stored until you withdraw your consent.

If statutory retention periods apply to data processed in connection with contractual or similar obligations on the basis of Art. 6(1)(b) GDPR, the data will routinely be deleted after those retention periods expire, provided that it is no longer necessary for the performance or initiation of a contract and/or we have no legitimate interest in retaining it.

When personal data is processed on the basis of Art. 6(1)(f) GDPR, the data will be stored until you exercise your right to object under Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defence of legal claims.

When personal data is processed for direct marketing purposes on the basis of Art. 6(1)(f) GDPR, the data will be stored until you exercise your right to object under Art. 21(2) GDPR.

Unless otherwise stated in the specific processing situations described elsewhere in this privacy policy, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.