Data protection

1) Introduction and contact details of the responsible party

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

1.2 The data controller for this website within the meaning of the General Data Protection Regulation (GDPR) is Herzstück Store in Germany, email: myherzstueck@web.de. The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2) Data collection when visiting our website

When you simply browse our website for informational purposes, i.e., without registering or otherwise providing us with information, we only collect data that your browser transmits to the website server (so-called "server log files"). When you access 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 of access
• Amount of data sent in bytes
• Source/referrer from which you accessed this page
• Browser used
• Operating system used
• IP address used (possibly in anonymized form)

The processing is carried out in accordance with Article 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be disclosed or used for any other purpose. However, we reserve the right to subsequently review the server log files should there be concrete indications of unlawful use.

3) Hosting & Content Delivery Network

Shopify

We use the system of the following provider for hosting our website and displaying the page content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”)

Data will also be transferred to: Shopify Inc., 150 Elgin St, 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, which ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

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

4) Cookies

To make your visit to our website more enjoyable and to enable the use of certain features, we use cookies, which are small text files that are stored on your device. Some of these cookies are automatically deleted after you close your browser (so-called "session cookies"), while others remain on your device for a longer period and allow us to save your website settings (so-called "persistent cookies"). In the latter case, you can find information about the storage duration in your web browser's cookie settings.

If any of the cookies we use process personal data, this processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a GDPR in the case of consent given, or in accordance with Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the website visit.

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

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

5) Making contact

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

The legal basis for processing this data is our legitimate interest in responding to your inquiry pursuant to Article 6(1)(f) GDPR. If your contact is aimed at a contract, the additional legal basis for processing is Article 6(1)(b) GDPR. Your data will be deleted when it is clear from the circumstances that the matter has been resolved and provided that no statutory retention obligations apply.

6) Use of customer data for direct marketing

6.1 Registration for our email newsletter

When you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information required to send you the newsletter is your email address. Providing any further information is voluntary and is used to personalize our communications with you. We use the double opt-in procedure for newsletter distribution, which ensures that you only receive newsletters after you have explicitly confirmed your consent to receive them 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 Article 6 Paragraph 1 Letter a of the GDPR. We store your IP address, which is registered by your Internet Service Provider (ISP), as well as the date and time of registration, in order to be able to trace any potential misuse of your email address at a later date. The data we collect when you subscribe to the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the data controller named above. After unsubscribing, your email address will be immediately deleted from our newsletter mailing list, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes permitted by law, which we will inform you about in this privacy policy.

6.2 SMS Marketing

On our website you have the option to register to receive SMS notifications about current offers, promotions and information about orders placed.

Your mobile phone number is mandatory for receiving SMS notifications. Providing further information is voluntary and will be used to personalize our communications with you.

For sending SMS messages, the so-called double opt-in procedure is used, which ensures that advertising SMS messages are only sent to you after you have expressly confirmed your consent to receive SMS messages by clicking on a verification link sent to the specified mobile phone number.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Article 6 Paragraph 1 Letter a of the GDPR. When you register for SMS messaging, the date and time of registration are also stored in order to be able to trace any potential misuse of your mobile phone number at a later date. The data collected during registration will be used exclusively for the purpose of sending you promotional messages via SMS.

You can unsubscribe from SMS messages at any time by sending a corresponding message to the data controller named above, thereby revoking your consent with effect for the future. After unsubscribing, your mobile phone number will be immediately deleted from the mailing list, unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this scope, which is legally permitted and about which we inform you in this statement.

7) Data processing for order processing

7.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data we collect will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we process the contact details you provided when placing your order in order to inform you personally in accordance with our legal information obligations pursuant to Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifying you about updates we owe you and will only be processed by us to the extent necessary for the respective information.

To process your order, we also work with the following service provider(s), who support us in whole or in part in fulfilling concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

7.2 To fulfill our contractual obligations to our customers, we work with external shipping partners. We will pass on your name, delivery address, and, if necessary for delivery, your telephone number, exclusively for the purpose of delivering the goods (Art. 6 para. 1 lit. b GDPR) to a shipping partner selected by us.

7.3 EasyDHL

For shipping preparation, we use the services of the following provider: 247APPS UG (limited liability), In der Goldgrube 28, 56073 Koblenz

In accordance with Article 6(1)(b) GDPR, we transmit digital shipping labels containing your delivery information from our order processing system to the supplier solely for the purpose of processing your online order. The supplier then sends these labels to our local printers to enable printing. Data is only shared to the extent that this is actually necessary for processing the order.

7.4 Use of payment service providers (payment services)

- giropay

This website offers one or more online payment methods from the following provider: paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany

When you select a payment method from the provider that requires you to pay in advance (such as credit card payment), your payment details provided during the ordering process (including name, address, bank and payment card information, currency, and transaction number), as well as information about the contents of your order, will be transmitted to the provider in accordance with Article 6 Paragraph 1 Letter b GDPR. In this case, your data will be transmitted 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" from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), payment processing is handled via the "Google Pay" application on your mobile device, which must be running at least Android 4.4 ("KitKat") and have NFC capability. The payment will be processed by charging a payment card stored in Google Pay or a payment system verified there (e.g., PayPal). To authorize a payment via Google Pay exceeding €25, you must first unlock your mobile device using the configured verification method (such as facial recognition, password, fingerprint, or pattern).

For payment processing purposes, the information you provide during the ordering process, along with information about your order, will be shared with Google. Google will then transmit your payment information stored in Google Pay to the originating website in the form of a unique transaction number, which is used to verify the payment. This transaction number contains no information about the actual payment details of your payment method stored in Google Pay, but is created and transmitted as a unique numerical token. In all transactions via Google Pay, Google acts solely as an intermediary for processing the payment. The transaction is executed exclusively between the user and the originating website by debiting the payment method stored in Google Pay.

If personal data is processed during the described transfers, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.

Google reserves the right to collect, store, and analyze 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 purchased goods or services provided by the merchant; photos you 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, if applicable, the offer associated with the transaction.

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

Google also reserves the right to combine the processed transaction data with other 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 on data protection at Google Pay can be found at the following web address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de
- Klarna

This website offers one or more online payment methods from the following provider: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

When you select a payment method from the provider that requires you to pay in advance (such as credit card payment), your payment details provided during the ordering process (including name, address, bank and payment card information, currency, and transaction number), as well as information about the contents of your order, will be transmitted to the provider in accordance with Article 6 Paragraph 1 Letter b GDPR. In this case, your data will be transmitted exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

When selecting a payment method where the provider makes an advance payment (such as invoice, installment purchase or direct debit), you will also be asked to provide certain personal data during the ordering process (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and, if applicable, data on an alternative payment method).

To protect our legitimate interest in assessing our customers' creditworthiness, we forward this data to the provider for the purpose of a credit check in accordance with Article 6(1)(f) GDPR. Based on the personal data you provide, as well as other data (such as shopping cart contents, invoice amount, order history, and payment history), the provider checks whether your selected payment method can be granted with regard to payment and/or default risks.

In addition to internal provider criteria pursuant to Art. 6 para. 1 lit. f GDPR, identity and creditworthiness information from the following credit agencies may also be included in the decision-making process for the application review:

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 credit report, they are based on a scientifically recognized mathematical-statistical method. Address data is among the factors, but not the only one, used in calculating the score values.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for processing payments in accordance with the contract.
- Paypal

This website offers one or more online payment methods from the following provider: PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg

When you select a payment method from the provider that requires you to pay in advance, your payment details provided during the ordering process (including name, address, bank and payment card information, currency, and transaction number) as well as information about the contents of your order will be transmitted to the provider in accordance with Article 6 Paragraph 1 Letter b GDPR. In this case, your data will be transmitted exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

When selecting a payment method where we make advance payments, you will also be asked to provide certain personal data during the ordering process (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and, if applicable, details of an alternative payment method).

In order to protect our legitimate interest in assessing your creditworthiness in such cases, we forward this data to the provider for the purpose of a credit check in accordance with Article 6(1)(f) GDPR. Based on the personal data you provide, as well as other data (such as shopping cart contents, invoice amount, order history, and payment history), the provider checks whether the payment option you have selected can be granted with regard to payment and/or default risks.

The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the credit report, they are based on a scientifically recognized mathematical-statistical method. Address data is among the factors, but not the only one, used in calculating the score values.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for processing payments in accordance with the contract.

8) Rights of the data subject

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

• Right of access pursuant to Art. 15 GDPR;
• Right to rectification pursuant to Article 16 GDPR;
• Right to erasure pursuant to Article 17 GDPR;
• Right to restriction of processing pursuant to Article 18 GDPR;
• Right to information pursuant to Article 19 GDPR;
• Right to data portability pursuant to Art. 20 GDPR;
• Right to withdraw consent pursuant to Art. 7 para. 3 GDPR;
• Right to lodge a complaint pursuant to Article 77 GDPR.

8.2 Right of objection

If we process your personal data based on our overriding legitimate interest as part of a balancing of interests, you have the right to object to this processing at any time, on grounds relating to your particular situation, with effect for the future.

If you exercise your right to object, we will cease processing the data in question. However, further processing remains possible if we can demonstrate compelling legitimate grounds for the processing which override your interests, fundamental rights and freedoms, or if the processing serves the purpose of establishing, exercising or defending 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. You can exercise your right to object as described above.

If you exercise your right to object, we will cease processing the data in question for direct marketing purposes.

9) Duration of storage of personal data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and – if applicable – additionally by the respective statutory retention period (e.g. commercial and tax law retention periods).

When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR, the data concerned will be stored until you withdraw your consent.

If statutory retention periods exist for data processed in the context of contractual or quasi-contractual obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after the expiry of the retention periods, provided that it is no longer required for the performance of a contract or for initiating a contract and/or we no longer have a legitimate interest in its continued storage.

When processing personal data on the basis of Article 6(1)(f) GDPR, this data will be stored until you exercise your right to object pursuant to Article 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.

When processing personal data for direct marketing purposes on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object pursuant to Art. 21 para. 2 GDPR.

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