Privacy policy

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.


Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.

Contact

Responsible person/Data protection officer
Contact us at any time. The person responsible for data processing is: 
Angelo Carlucci, Palmstr. 12, 50672 Köln Deutschland, +491775060558, support@aboveaveragehumanity.shop


You can contact our data protection officers directly at: support@aboveaveragehumanity.shop

Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
Collection and processing when using the contact form 
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
Collection and processing when using the cancellation button 
If you have entered into a contract via our website, we provide you with a cancellation function (cancellation button) through which you can submit your notice of cancellation immediately. 
When you use the cancellation function, we collect your personal data (name, email address, details identifying the contract or part of the contract you wish to withdraw from, and the time (date and time) of sending the notice of withdrawal) only to the extent that you have provided them. The purpose of this data processing is to provide you with the legally prescribed option to withdraw from your contract and to ensure the proper processing of your withdrawal. 
If the contact relates to a contract already concluded between you and us, this data processing is carried out on the basis of Article 6(1)(b) of the GDPR. Otherwise, data processing is carried out on the basis of Article 6(1)(c) of the GDPR, as we are legally obliged to provide you with a cancellation function on our website. 
We use your email address solely for the purpose of processing your notice of withdrawal. Your data will subsequently be deleted in accordance with statutory retention periods, provided you have not consented to further processing and use.
The processing of your personal data serves the purpose of complying with the legal requirements for the design of the withdrawal function in a legally compliant manner and is carried out on the basis of Article 6(1)(c) of the GDPR. This data processing is also carried out on the basis of Article 6(1)(f) of the GDPR, based on our overriding legitimate interest in being able to provide you with a user-friendly withdrawal option. In this case, you have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on Article 6(1)(f) of the GDPR.
WhatsApp Business
If you communicate with us via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited for this (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you have your residence outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The purpose of the data processing is to handle and respond to your contact request. For this purpose we collect and process your mobile phone number registered with WhatsApp and, if provided, your name and additional data to the extent provided by you. We use a mobile device for the service, the address book of which stores exclusively the data of users who have contacted us via WhatsApp. Disclosure of personal data to WhatsApp shall not take place unless you have already consented to this with respect to WhatsApp.
Your data are transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA. 
Your data may be transferred to third countries such as the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta Platforms Inc. has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in providing quick and easy communication as well as responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your personal data to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
For more information on terms of service and privacy when using WhatsApp, please visit https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.

Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.


Advertising      

Use of the e-mail address for sending newsletters
We use your e-mail address to send you information and offers by newsletter, provided you have expressly consented to this. The data processing serves the sole purpose of advertising. For this purpose, we process your e-mail address and any other data that you have voluntarily provided when registering for our newsletter.
The processing is carried out on the basis of Art. 6 para. 1 lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by sending us a message. Your e-mail address will then be removed from the mailing list. Despite removal from the mailing list, we may continue to store your email address in a blacklist to prevent you from receiving future newsletter emails from us. This storage takes place on the basis of Art. 6 para. 1 lit. f GDPR out of our and your legitimate interest in preventing the reuse of your e-mail address for sending our newsletter. You have the right to object to this processing of your personal data at any time on grounds relating to your particular situation.



Shipping companies       Merchandise management      

Forwarding of your email address to shipping companies for information on shipping status
We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.
Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to
Shopify International Limited, Victoria Buildings, 2. Etage 1-2 Haddington Road Dublin 4, D04 XN32, Irland 

Payment service providers       Credit check      

Use of Klarna payment options
On our website we use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"). By selecting and using payment via Klarna, the data required for payment processing is transmitted to Klarna in order to be able to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

Cookies may be stored that enable your browser to be recognised. The resulting data processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our legitimate interest in a customer-oriented range of varying payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.

‘Pay Later’ (invoice), ‘Pay Now’ (payment by direct debit, credit card, instant bank transfer), ‘Financing’ (instalment purchase)
For individual payment methods such as ‘Pay Later’ (invoice), ‘Pay Now’ (payment by direct debit, credit card, instant bank transfer), ‘Financing’ (instalment purchase), Klarna reserves the right to obtain credit information based on mathematical-statistical procedures using credit agencies.
For this purpose, Klarna transmits the personal data required for a credit assessment, such as first and last name, address, gender, email address, IP address and data related to the order to a credit agency for the purpose of checking the identity and creditworthiness and uses the obtained information on the statistical probability of a payment default in order to reach a well-considered decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit asessment for  contract initiation. The processing is carried out on the basis of art. 6 Par. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Klarna pays in advance. For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR by notifying Klarna. The provision of the data is necessary for the conclusion of the contract by means of the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method of your choice.
Further information, in particular on the credit agencies to which Klarna passes on your personal data, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies.

For general information about Klarna, please visit: https://www.klarna.com/de/. Your personal information will be handled by Klarna in accordance with applicable data protection regulations and as specified in Klarna's Privacy Policy which is available at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy.



Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.


Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.


Advertising tracking      


Use of Meta Pixel
We use Meta Pixel from Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; "Meta") on our website.
Meta and we are jointly responsible for the collection of your data and the transfer of this data to Meta when the service is integrated. The basis for this is an agreement between us and Meta on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://de-de.facebook.com/legal/terms/businesstools. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Arts 13 and 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Arts 33 and 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta is responsible for enabling the rights of the data subject in accordance with Arts 15-20 GDPR, for complying with the security requirements of Art. 32 GDPR with regard to the security of the service, and for complying with the obligations of Arts 33 and 34 GDPR, insofar as a breach of personal data protection concerns Meta's obligations under the joint processing agreement.
The application serves to address the visitor to the website with interest-related advertising on the social networks Facebook and Instagram. We have implemented Meta’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Meta’s servers when you visit our website. This informs the Meta server which of our web pages you have visited. Meta assigns this information to your personal Facebook and/or Instagram user account. When you visit the social networks Facebook or Instagram, you will then be shown personalised, interest-related ads.
The application also serves the purpose of creating conversion statistics. This allows us to find out the total number of users who have clicked our adverts and were forwarded to a page equipped with a conversion tracking tag as well as what actions are taken after being redirected to this website. However, they do not receive any information which could be used to personally identify users.
Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
For this purpose, you can deactivate the remarketing function “Custom Audiences”. You can find more detailed information on Meta’s collection and use of data and your associated rights and options for protecting your privacy in Meta’s privacy policy: https://www.facebook.com/about/privacy/.



Plug-ins

Use of Facebook Connect
Our website uses the single sign-on function Facebook Connect from Meta Platforms Ireland Ltd. (Grand Canal Harbour, Dublin, D02, Ireland; "Facebook").

Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
This function enables website visitors to log on to the website via their already existing Facebook account. The processing of data serves the purpose of verification during registration, personalisation and for interest-related advertising. To offer this function on the website a connection to the Facebook servers is established. Cookies are used for this purpose. In this process the following information, inter alia, can be collected and transmitted to Facebook: IP address, browser information, referrer URL (website via which you accessed our website), location data. This happens regardless of whether you are registered with or logged into the social network. The information is transferred even if users are not registered or logged in. Should you be connected simultaneously with one or more of your social network accounts, the collected information may also be assigned to your corresponding profiles. You can therefore prevent this assignment by logging yourself out before visiting our website and before activating the button for your social media accounts. Your data may be transmitted to the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
When using the single sign-on function the Facebook profile of the website visitor is connected with a customer account for this website. In this case we receive personal data of the user through Facebook, as stated in the login process. This can include the following information, inter alia: Name, address, public profile information (e,g, name profile picture, age, gender), email address, friends list, "Likes" information.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can find more detailed information on the terms and conditions of use and data protection at https://www.facebook.com/about/privacy/.

Use of Google reCAPTCHA
We use the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) on our website under a data processing agreement. The purpose of this check is to distinguish between input by a human and automated, machine-based processing. To this end, your input is transmitted to Google and processed there. In addition, the IP address and, where applicable, other data required by Google for the reCAPTCHA service are transmitted to Google. This data is processed by Google within the European Union and, where applicable, also transmitted to servers of Google LLC in the USA. An adequacy decision by the European Commission is in place for the USA, namely the Trans-Atlantic Data Privacy Framework (TADPF). Google has obtained certification under the TADPF and is therefore committed to complying with European data protection principles.
The use of cookies or similar technologies takes place with your consent on the basis of Section 25(1) sentence 1 of the TDDDG in conjunction with Article 6(1)(a) of the GDPR. The processing of your personal data takes place with your consent on the basis of Article 6(1)(a) of the GDPR. You may withdraw your consent at any time without this affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal.


Use of GoogleMaps
Our website uses the function for embedding Google Maps by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland, "Google")
This feature visually represents geographical information and interactive maps. Google also collects, processes and uses data on visitors to the website when they call up pages with embedded Google maps.
Your data may also be transmitted to the USA. 
For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
Further information on the data collected and used by Google, your rights and privacy can be found in Google’s privacy policy at https://www.google.com/privacypolicy.html. You also have the option of changing your settings in the data protection centre, allowing you to administer and protect the data processed by Google.

Use of YouTube
Our website uses the function for embedding YouTube videos by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube"). YouTube is a company affiliated with Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
This feature shows YouTube videos in an iFrame on the website. The option "advanced privacy mode" is enabled here. This prevents YouTube from storing information on visitors to the website. It is only if you watch a video that information is transmitted to and stored by YouTube. Your data may be transmitted to the USA. 
For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). YouTube has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TDDDG in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
Further information on the data collected and used by YouTube and Google and your associated rights and options for protecting your privacy can be found in YouTube’s privacy policy (https://www.youtube.com/t/privacy).



Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Postfach 20 04 44
40102 Düsseldorf
Tel.: +49 211 384240
Fax: +49 211 38424999
E-Mail: poststelle@ldi.nrw.de

Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.