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Privacy Policy
in accordance with the GDPR
I. Name and Address of the Responsible Party
The responsible party in the sense of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:
Company registration number: 534472 p
Company name: Merle Toys GmbH
Company court: Commercial Court Vienna
VAT number: ATU75675048
Adresse: Siebensterngasse 52/10, 1070 Wien, Österreich
Website: www.www.merletoys.com
Email: info@merletoys.com
Phone: +43 676 633 1090
II. General Information on Data Processing
1. Scope of Processing of Personal Data
We only collect and use the personal data of our users to the extent necessary to provide a functional website as well as our content and services. The collection and use of our users’ personal data is generally only carried out with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal provisions.
2. Legal Basis for the Processing of Personal Data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data required for the performance of a contract to which the data subject is a party, Art. 6 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfill a legal obligation to which our company is subject, Art. 6 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 1 lit. f GDPR serves as the legal basis for processing.
3. Data Deletion and Storage Duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws, or other provisions to which the responsible party is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
III. Provision of the Website and Creation of Log Files
1. Description and Scope of Data Processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.
The following data is collected:
- Information about the browser type and version used
- The user’s operating system
- The user’s internet service provider
- The IP address of the user
- Date and time of access
- Websites from which the user’s system reached our website
- Websites accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Art. 6 1 lit. f GDPR.
3. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to allow the delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files ensures the functionality of the website. Additionally, the data helps us optimize the website and ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not occur in this context.
Our legitimate interest in data processing according to Art. 6 1 lit. f GDPR.
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of collecting data for the provision of the website, this occurs when the respective session ends.
If data is stored in log files, it is deleted after no more than seven days. Extended storage is possible. In this case, the IP addresses of the users are deleted or anonymized, making it impossible to associate the data with the accessing client.
5. Objection and Removal Options
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. Therefore, the user does not have the option to object.
IV. Use of Cookies
1. a) Description and Scope of Data Processing
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 that allows the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Language settings
- Items in a shopping cart
- Log-in information
Additionally, we use cookies on our website that enable an analysis of the users’ surfing behavior.
In this way, the following data can be transmitted:
- Entered search terms
- Frequency of page views
- Use of website features
The data collected in this way is pseudonymized using technical measures. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.
Upon accessing our website, users are informed by an info banner about the use of cookies for analytical purposes and are referred to this privacy policy. In this context, there is also a note on how to prevent the storage of cookies in the browser settings.
Upon accessing our website, the user is informed about the use of cookies for analytical purposes and their consent is obtained for the processing of the personal data used in this context. In this regard, there is also a reference to this privacy policy.
1. b) Legal Basis for Data Processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analytical purposes, in the presence of the user’s consent, is Art. 6 Para. 1 lit. a GDPR.
1. c) Purpose of Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some features of our website cannot be provided without the use of cookies. For these, it is necessary for the browser to be recognized even after a page change.
We require cookies for the following applications:
- Shopping cart
- Adoption of language settings
- Remembering search terms
The user data collected through technically necessary cookies are not used to create user profiles.
The use of analysis cookies is intended to improve the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can continuously optimize our offer.
This also represents our legitimate interest in processing personal data in accordance with Art. 6 Para. 1 lit. f GDPR.
1. d) Duration of Storage, Right to Object and Removal Option
Cookies are stored on the user’s computer and transmitted to our site. Therefore, as a user, you 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 saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to fully use all the website’s features.
1. e) Use of Google (Universal) Analytics for Web Analysis
This website uses Google (Universal) Analytics, a web analysis service of Google Inc. (www.google.de). Google (Universal) Analytics uses methods that allow an analysis of your use of the website, such as so-called “cookies”, text files that are stored on your computer. The information generated about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address will be shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser within the framework of Google Analytics will not be merged with other Google data.
You can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
Alternatively to the browser plugin, you can click on this link to prevent future collection by Google Analytics on this website. An opt-out cookie will be stored on your device. If you delete your cookies, you will need to click the link again.
1. f) Facebook Pixel
This website uses the Facebook Pixel from the social networks “Facebook” (Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA). This is used to present interest-based advertisements to visitors of our website during their visit to the social network Facebook.
When you visit our website, a direct connection to the Facebook servers is established via the Facebook Pixel. This informs the Facebook server that you have visited our website, and Facebook assigns this information to your personal Facebook user account. We would like to point out that we, as the provider of the website, have no knowledge of the content of the transmitted data or its use by Facebook.
Further information about the collection and use of data by Facebook, as well as your related rights and options for protecting your privacy, can be found in Facebook’s Privacy Policy. We do not share any customer data with Facebook. Additional information about your data protection rights and privacy settings is available in the Facebook Data Policy and in the Facebook Help Center.
1. G) Hotjar
Our website uses Hotjar to collect information about the behavior of our users and their devices (e.g., IP address in an anonymized form, device type, browser type, preferred language, etc.). Hotjar stores this information in a pseudonymized user profile. The information is not used to identify an individual user. You can object to the storage of the user profile and information about your visit to our website and the placement of Hotjar tracking cookies. More information on this can be found at the provided link and in Hotjar’s privacy policy at https://www.hotjar.com/legal/policies/privacy.
V. Newsletter
1. Description and Scope of Data Processing
On our website, there is the option to subscribe to a free newsletter. When signing up for the newsletter, the data from the input mask is transmitted to us.
Furthermore, the following data is collected upon registration:
- First name, Last name
- Email address
- Home address
- Phone number
Your consent is obtained for the processing of the data as part of the registration process, and reference is made to this privacy policy.
If we have received your email address in connection with the sale of a good or service and you have not objected, we reserve the right to regularly send you offers for similar products to those already purchased from our range via email. You can object to the use of your email address at any time by sending a message to info@merletoys.comor via a link provided in the promotional email, without incurring any costs other than the transmission costs according to the basic rates.
In connection with the data processing for sending newsletters, the data is not passed on to third parties. The data is used exclusively for sending the newsletter.
2. Legal Basis for Data Processing
The legal basis for processing data after the user has subscribed to the newsletter, provided there is user consent, is Art. 6 Para. 1 lit. a GDPR.
The legal basis for sending the newsletter due to the sale of goods or services is § 7 Para. 3 UWG (Act Against Unfair Competition).
3. Purpose of Data Processing
The collection of the user’s email address serves the purpose of delivering the newsletter.
The collection of other personal data during the registration process is intended to prevent misuse of the services or the email address used.
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. Therefore, the user’s email address is stored as long as the newsletter subscription is active.
5. Objection and Removal Options
The subscription to the newsletter can be canceled by the affected user at any time. For this purpose, there is a corresponding link in every newsletter.
This also allows a withdrawal of the consent to the storage of personal data collected during the registration process.
6. Review Invitation and Discount Emails
If you have explicitly consented during checkout, we may send you an email after your purchase with an invitation to review your order and a discount coupon. The processing of your data is based on your consent according to Art. 6 para. 1 lit. a GDPR.
You can withdraw your consent at any time with effect for the future, for example via the unsubscribe link in the email or by contacting us. 1 lit. a DSGVO.
You can withdraw your consent at any time with effect for the future, for example via the unsubscribe link included in the email or by contacting us.
VI. Registration
1. Description and Scope of Data Processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask, transmitted to us, and saved. The data is not passed on to third parties. The following data is collected as part of the registration process:
- First name
- Last name
- Optional: Company name
- Country
- Residential address (address, postal code, city)
- Phone number
- Email address
- Delivery address
At the time of registration, the following data is also stored:
- First name
- Last name
- Optional: Company name
- Country
- Residential address (address, postal code, city)
- Phone number
- Email address
- Delivery address
As part of the registration process, the user’s consent to process this data is obtained.
2. Legal Basis for Data Processing
The legal basis for processing the data, given the user’s consent, is Art. 6 para. 1 lit. a GDPR.
If the registration serves to fulfill a contract of which the user is a party, or for the implementation of pre-contractual measures, then an additional legal basis for the processing of data is Art. 6 Para. 1 lit. b DSGVO.
3. Purpose of Data Processing
User registration is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.
Your personal data are required for sale, delivery, and installation. If the customer does not wish to subscribe to the newsletter, the data will be deleted after the legally regulated period has expired.
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection.
This applies to the data collected during the registration process for the fulfillment of a contract or for the implementation of pre-contractual measures if the data is no longer necessary for the execution of the contract. Even after the conclusion of a contract, it may still be necessary to store personal data of the contracting party in order to fulfill contractual or legal obligations.
5. Objection and Removal Options
As a user, you have the right to cancel your registration at any time. You can have the data stored about you changed at any time.
To do this, simply send an email with the subject “personal data” to info@merletoys.com . Your data will be modified or deleted according to your wishes.
If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as there are no contractual or legal obligations that prevent deletion.
VII. Contact Form and Email Contact
1. Description and Scope of Data Processing
On our website, a contact form is available which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and saved. These data are:
- Salutation, Title
- First name, Last name
- Residence (Address, ZIP code, City)
- Country
- Email address
- Phone number
At the time of sending the message, the following data are also stored:
- Salutation, Title
- First name, Last name
- Residence (Address, ZIP code, City)
- Country
- Email address
- Phone number
During the sending process, your consent will be obtained for the processing of the data, and reference will be made to this privacy policy.
Alternatively, contact can be made via the provided email address (info@merletoys.com). In this case, the user’s personal data transmitted with the email will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal Basis for Data Processing
The legal basis for processing the data, given the user’s consent, is Art. 6 para. 1 lit. a GDPR.
The legal basis for processing data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at concluding a contract, then the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO. 1 lit. b DSGVO.
3. Purpose of Data Processing
The processing of personal data from the input mask serves us only to process the contact. If you contact us by email, this also represents the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is considered ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
5. Objection and Removal Options
The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot continue.
The revocation of consent and the objection to storage is done via email toinfo@merletoys.com.All personal data stored during the contact will be deleted in this case.
VIII. Transfer of personal data to third parties
1. Description and Scope of Data Processing
Personal data, which are collected from the contractual relationship, are stored and processed with automation support and are transmitted to the persons mentioned below for further processing and for the purposes mentioned below. The personal data in question are:
- First name
- Last name
- Address
- Phone number
- Email address
The transfer is made to:
- KS Logistic GmbH (for logistical purposes, delivery)
- GUARDI GmbH & assembly companies as subcontractors (for assembly orders)
2. Legal Basis for Data Processing
The legal basis for processing the data, given the user’s consent, is Art. 6 para. 1 lit. a GDPR. Another legal basis is Art. 6 Para. 1 lit. b GDPR, as the processing is necessary for the fulfillment of the contract, of which the affected person is a contractual party, and for the implementation of pre-contractual measures, which take place at the request of the affected person.
3. Purpose of Data Processing
The data is transferred to the following companies for the following purposes:
- KS Logistic GmbH (for logistical purposes, delivery)
- GUARDI GmbH & assembly companies as subcontractors (for assembly orders)
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. This is the case when data is transferred for the fulfillment of a contract or for the implementation of pre-contractual measures if the data is no longer necessary for the execution of the contract. Even after the conclusion of a contract, it may still be necessary to store personal data of the contracting party in order to fulfill contractual or legal obligations.
5. Objection and Removal Options
The user has the possibility at any time to revoke his consent to the processing and transfer of personal data. If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as there are no contractual or legal obligations that prevent deletion.
IX. Rights of the Data Subject
If personal data concerning you is processed, you are the data subject as per the GDPR, and you have the following rights against the data controller:
1. Right to information
You can request confirmation from the data controller as to whether personal data concerning you is processed by us.
If such processing exists, you can request the following information from the data controller:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been disclosed or will still be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information is not possible, criteria for determining the duration of storage;
(5) the existence of a right to rectify or erase personal data concerning you, a right to restrict processing by the controller, or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, according to Art. 22 Para. 1 and 4 GDPR and—at least in these cases—meaningful information about the involved logic, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate safeguards according to Art. 46 GDPR concerning the transfer.
2. Right to Rectification
You have the right to rectification and/or completion against the data controller if the processed personal data concerning you is incorrect or incomplete. The data controller must make the rectification without delay.
3. Right to Restriction of Processing
You can request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period that allows the data 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 data controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise, or defense of legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may, apart from being stored, only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest of the Union or of a Member State.
If the restriction of processing has been limited according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.
4. Right to Erasure
a) Obligation to Erase
You can request the data controller to delete the personal data concerning you without undue delay, and the data controller is obliged to erase this data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing was based according to Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) The personal data concerning you was processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you was collected in relation to offered services of the information society according to Art. 8 Para. 1 DSGVO.
b) Information to Third Parties
If the data controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 Para. 1 GDPR, they shall take reasonable steps, considering available technology and the costs of implementation, to inform data processors who are processing the personal data that you, as the data subject, have requested the erasure of any links to or copies or replications of those personal data.
c) Exceptions
The right to erasure does not apply insofar as the processing is necessary:
(1) For the exercise of the right to freedom of expression and information;
(2) To fulfill a legal obligation required by the law of the Union or of Member States to which the data 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 Para. 2 lit. h and i and Art. 9 Para. 3 GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para. 1 GDPR, in so far as the right mentioned 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 defense of legal claims.
5. Right to Notification
If you have exercised your right to correction, erasure, or restriction of processing against the data controller, they are obliged to inform all recipients to whom the personal data concerning you has been disclosed of this correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed by the data controller about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the data controller, in a structured, commonly used, and machine-readable format. Moreover, you have the right to transmit this data to another data controller without hindrance from the data controller to whom the personal data was provided, if:
(1) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Para. 1 lit. b DSGVO 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 transferred directly from one data 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 the 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 data controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to 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 shall no longer be processed for such purposes.
You have the opportunity to exercise your right of objection in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Right to withdraw consent under data protection law
You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent shall 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 performance of, a contract between you and the data controller,
(2) is authorized 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 Article 9 (1) of the GDPR, unless Article 9 2 lit. (a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and 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, particularly in the Member State of your residence, place of work, or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
