Privacy policy
This English translation is provided for convenience only. In the event of any discrepancy, the German version shall prevail.
The controller within the meaning of the EU General Data Protection Regulation (GDPR) and other national data protection laws as well as other data protection provisions is:
Entertain Shop
tonpool Medien GmbH
Managing Directors: Kurt Erping, Matthias Martinsohn
Im Klint 12
30938 Burgwedel
Tel: +49 5139 98 249 0
Email: service@entertainshop.de
The controller's data protection officer is:
JMK Media & Consulting GmbH
Managing Director: Sven Kaiser
Jakobikirchhof 9
20095 Hamburg
Tel: +49 (0)40-32527766
Email: sven.kaiser@jmk.de
I. Provision of our website and log files
1. Scope of the processing of personal data
When you access our website, your browser establishes a connection to our web server. This generates connection data, which is stored in so-called log files by us or on our behalf by our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.
Log files contain
- the IP address of the device with which you access our website,
- the type of browser with which you access it,
- your system configuration,
- the website you visited previously, and
- the date and time of your access.
2. Purpose of the data processing
We use the data to display and deliver our content and for statistical purposes.
3. Legal basis for the processing
The legal basis for the temporary storage of the data and the log files is Art. 6(1)(f) GDPR.
4. Storage period
Your IP address is stored for a maximum of 7 days in order to detect and fend off attacks and is then anonymised for statistical purposes.
5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no possibility of objection.
II. Registration
1. Scope of the processing of personal data
On our website, we offer users the opportunity to register by providing personal data and thus to set up an account. The data is entered into an input form, transmitted to us and stored by us or on our behalf by our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland. The data is not passed on to any further third parties in connection with the registration. The following data is collected and stored in this process:
- First name, surname
- Email address
- Password (encrypted) or a login code sent by email
If your email address contains personal data other than the above, we also collect this data.
After registering, you can supplement your registration data in your user account with further personal data, make purchases under your account and/or subscribe to our newsletter. In your account – irrespective of any actual purchase from us – you can transmit the following additional personal data to us, so that we collect and store it:
- Your name
- Your telephone number
- Your own address with street, postcode, city and country
- Addresses to which you wish orders to be sent
When you place an order with us, the data of that order (order number, order date, product, price, payment status) is also stored in your account. We only pass on the data you have provided in your account to the extent necessary to process your order.
You can of course also purchase goods from us without first registering with us and creating a user account. The purchase is then made via a so-called guest checkout.
2. Purpose of the data processing
The collection and storage of data in the context of mere registration is carried out for the purpose of pre-contractual measures.
3. Legal basis for the processing
The legal basis for the processing of data in the case of mere registration – without an order – is your consent pursuant to Art. 6(1)(a) GDPR.
4. Storage period
We store the data for as long as you maintain your registration.
5. Possibility of objection and removal
You can send us an email at any time to service@entertainshop.de to have the data stored in your account deleted in full and/or in part and thereby withdraw your consent; you can also make changes and partial deletions yourself via your user account. If the data has become necessary for the performance of a contract or for carrying out pre-contractual measures, early complete deletion of the data is only possible insofar as no contractual or statutory obligations preclude deletion. This may be the case, for example, if you have placed an order.
III. Newsletter subscription
1. Scope of the processing of personal data
On our website, you can subscribe to a free newsletter. When you subscribe to the newsletter, your email address is transmitted from the input form to Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland, with which we have concluded a data processing agreement and which sends the newsletter on our behalf.
Your consent to the processing of the data is obtained during the subscription process, and reference is made to this privacy policy.
If you purchase goods on our website and provide your email address in the process, we may subsequently also use it to send you a newsletter. In this case, the newsletter will be used exclusively for direct advertising of our own similar products. You may object to this use at any time without incurring any costs other than the transmission costs according to the basic rates.
2. Purpose of the data processing
The processed data is used exclusively for sending our newsletter.
3. Legal basis for the processing
The legal basis for the processing of the data after you have subscribed to the newsletter is Art. 6(1)(a) GDPR. The legal basis for sending the newsletter as a result of the purchase of goods is § 7(3) UWG (German Act against Unfair Competition).
4. Storage period
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The email address is therefore stored for as long as the newsletter subscription is active.
5. Possibility of objection and removal
You can cancel your newsletter subscription at any time. For this purpose, every newsletter contains a corresponding link. This also stops the sending of newsletters if you receive them as a result of purchasing goods from us.
IV. Use of cookies
1. General description
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is accessed again.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change. The following data is stored and transmitted in the cookies:
- Items in a shopping basket
- Items viewed
- Login information relating to your user account
2. Purpose of the data processing
The purpose of using these technically necessary cookies is to make websites easier for users to use. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.
3. Legal basis for the processing
The legal basis for storing and accessing technically necessary cookies is § 25(2) no. 2 TDDDG (German Telecommunications Digital Services Data Protection Act); the legal basis for the associated processing of personal data is Art. 6(1)(f) GDPR. Insofar as we additionally use cookies for statistical or marketing purposes, we do so only with your consent given via our cookie banner (§ 25(1) TDDDG, Art. 6(1)(a) GDPR), which you can withdraw at any time with effect for the future.
4. Storage period, possibility of objection and removal
Cookies are stored on the user's computer and transmitted by it to our site. You as the user therefore also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
V. Orders
1. Scope of the processing of personal data
When you place an order with us, we collect the following data – insofar as we do not already have it as a result of your own registration via a user account:
- Your name and, where applicable, the name of the company for which you are placing an order
- Your email address
- Your address with street, postcode, city and country
- Addresses to which you wish orders to be sent
- Your telephone number
The data is stored by us or by our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.
a) Shipping processing
We pass on the personal data you provide in connection with an order for goods to third parties exclusively to the service partners we involve in the performance of the contract, namely the shipping service provider we engage for delivery, DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn.
b) Payment processing
In the course of payment processing, we or our processor Shopify International Ltd. (address see above) and the payment service providers engaged by us process personal data. The specific personal data processed varies depending on the payment method.
aa) Mollie
Payments by credit card, Klarna and eps bank transfer in our shop are processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands. If you select one of these payment methods during the ordering process, the data required for payment processing (in particular name, address, email address, IP address, order amount and order number and, in the case of credit card payment, your card details) is transmitted to Mollie. You enter your card details exclusively in Mollie's secure payment form; we do not receive complete card details. Further information can be found in Mollie's privacy policy: https://www.mollie.com/de/privacy
bb) PayPal
We offer PayPal as a payment method. PayPal is an online payment service provider independent of us. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also performs trustee functions and offers buyer protection services. PayPal's European operating company is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If you select PayPal as your payment option, your data is automatically transmitted to PayPal. The personal data transmitted to PayPal usually comprises first name, surname, address, email address, IP address, telephone number, mobile telephone number or other data necessary for payment processing. Personal data relating to the respective order is also necessary for the performance of the contract of sale. In return, in the course of payment processing, PayPal in turn provides us with any data you may have stored there, such as first name, surname, address, email address and telephone number.
PayPal may pass on the personal data to affiliated companies and service providers or subcontractors insofar as this is necessary to fulfil contractual obligations or the data is to be processed on its behalf.
cc) Klarna
Via Mollie, we also offer payment methods of the payment service provider Klarna (e.g. Pay now and Pay by invoice). Klarna is operated by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Information about Klarna can be found here: www.klarna.com
The personal data transmitted to Klarna usually comprises first name, surname, address, telephone number, IP address, email address or other data required for order processing, as well as data relating to the order, such as number of items, item number, invoice amount and taxes as a percentage, invoice information, etc.
During checkout, you will be redirected to Klarna's pages. There, Klarna will explain to you which personal data Klarna collects, stores and processes. Online banking login credentials are entered exclusively with Klarna and not on our site.
In certain circumstances, the personal data transmitted to Klarna may be transmitted by Klarna to credit reference agencies. This transmission serves to verify your identity and creditworthiness in relation to the order you have placed.
2. Purpose of the data processing
The data is collected and stored in order to be able to identify you as a customer, to process, fulfil and handle your order and payment, to conduct any correspondence or telephone calls with you, to issue invoices and to handle claims against you.
3. Legal basis for the processing
The data processing is carried out following your order pursuant to Art. 6(1)(b) GDPR.
4. Storage period
We store the data for you for as long as your account with us exists to this extent and/or until the statutory retention period has expired.
5. Possibility of objection and removal
Even if you delete your account, deletion of the order data is only possible insofar as no contractual or statutory obligations preclude deletion.
VI. Contact by email
1. Description and scope of the data processing
You can contact us via the email address service@entertainshop.de provided in the legal notice. In this case, the personal data transmitted with the email will be stored by us.
In this context, the data is not passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for the data processing
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6(1)(f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR.
3. Purpose of the data processing
We process the personal data solely to handle your enquiry. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
4. Storage period
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved and no statutory retention obligations preclude deletion.
5. Possibility of objection and removal
You have the right to withdraw your consent to the processing of personal data at any time. If you contact us by email, you can object to the storage of your personal data at any time. In such a case, however, the conversation cannot be continued.
The withdrawal of consent and the objection to storage can be made by email. In this case, all personal data stored in the course of contacting us will be deleted, provided that no statutory retention obligations preclude this.
VII. Address verification and online withdrawal
1. Description and scope of the data processing
To verify delivery addresses and to enable contracts to be withdrawn from online via a withdrawal function ("Withdraw order"), we use the Shopify app "EU Adress-Check & Widerruf Pro" provided by ECOMBEAT, Garnisonsgasse 4/11, 1090 Vienna, Austria. During address verification at checkout, the delivery address you enter is checked for completeness and plausibility. If you use the withdrawal function, the data you enter is processed, in particular name, email address, postal address and order details and, where applicable, a reason for withdrawal provided voluntarily. Technical data such as IP address and browser and operating system information is also processed. You will receive an acknowledgement of receipt by email. Further information can be found in the provider's privacy policy: https://addresscheckpro.eu/app-privacy/
2. Legal basis for the data processing
The legal basis for processing in connection with the withdrawal function is Art. 6(1)(c) GDPR, as we are legally obliged to provide a withdrawal function and to process withdrawals, as well as Art. 6(1)(b) GDPR for the unwinding of the contract. The legal basis for address verification is Art. 6(1)(b) GDPR (performance of contract) and Art. 6(1)(f) GDPR; our legitimate interest lies in avoiding incorrect deliveries.
3. Purpose of the data processing
The data is processed exclusively to verify delivery addresses, to receive your withdrawal, to confirm its receipt to you and to process the withdrawal.
4. Storage period
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected, provided that no statutory retention obligations preclude this.
5. Possibility of objection and removal
Processing in connection with the withdrawal function is necessary to process your withdrawal. Alternatively, you can also declare your withdrawal by email or by post (see information on the right of withdrawal).
VIII. Your rights
If personal data relating to you is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us as the controller:
1. Right of access
You may obtain from the controller confirmation as to whether or not personal data concerning you is being processed by us. Where such processing is taking place, you may request access to the following information from the controller:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the envisaged period for which the personal data concerning you will be stored or, if specific information on this is not possible, the criteria used to determine that period;
(5) the existence of the right to request rectification or erasure of personal data concerning you, the right to request restriction of processing by the controller or the right to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data is not collected from the data subject, any available information as to its source;
(8) the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.
2. Right to rectification
You have the right to obtain from the controller the rectification and/or completion of personal data concerning you if it is inaccurate or incomplete. The controller must carry out the rectification without undue delay.
3. Right to restriction of processing
You may request the restriction of processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you, for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims, or
(4) if you have objected to processing pursuant to Art. 21(1) GDPR pending verification of whether the legitimate grounds of the controller override your grounds.
Where processing of personal data concerning you has been restricted, such data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay where one of the following grounds applies:
(1) The personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) The erasure of the personal data concerning you is required for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) GDPR to erase it, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure by them of any links to, or copies or replications of, that personal data.
c) Exceptions
The right to erasure does not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
5. Right to notification
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to each recipient to whom the personal data concerning you has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right vis-à-vis the controller to be informed about those recipients.
6. Right to data portability
You have the right to receive the personal data concerning you which you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for entering into, or the performance of, a contract between you and the controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
(3) is based on your explicit consent.
However, these decisions must not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard the rights and freedoms and your legitimate interests are in place. In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard the rights and freedoms and your legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority responsible for us is the Data Protection Commissioner of Lower Saxony (Die Landesbeauftragte für den Datenschutz Niedersachsen), Prinzenstraße 5, 30159 Hannover. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.