DATA PROTECTION DECLARATION

 

I. General information on data processing 

We take the protection of your personal data very seriously. We process your personal data collected when you visit our website in compliance with the applicable data protection regulations. Your data will neither be disclosed nor transmitted to third parties by us without your permission. Below we explain what data we collect during your visit to our website and how exactly it is used.

You can print or save this document by using the usual functionality of your Internet service program (i.e. your browser, usually “File” -> “Save as”).

 

II. Scope and providing controller

This Data Protection Declaration explains the nature, scope and purpose of the collection and use of personal data for the user. The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

 

FUN FACTORY GmbH
Am Hohentorshafen 17-19
D-28197 Bremen
Tel: +49 (0) 421 520760
Fax +49 (0) 421 5207629
email: info@funfactory.com
Website: www.thefuncup.com

 

However, this does not apply to the webpages of other providers which you can find links to on our webpages.

If you wish to object to the collection, processing or use of your data by us in accordance with this Data Protection Declaration in whole or for individual actions or withdraw your consent, you can send your objection or withdrawal by email, fax or letter using the contact information above.

 

The supervisory authority governing us is:

 

The State Commissioner for Data Protection and Freedom of Information of the Free Hanseatic City of Bremen at Arndtstraße 1
D-27570 Bremerhaven
Tel: 0471 596 2010 or 0421 361 2010
Fax: 0421 496 18495
email: office@datenschutz.bremen.de

 

For questions or comments on data protection, you can also contact our data protection officer. The data protection officer appointed by us can be reached via email (dsb-funfactory@anmatho.de).

 

III. The processing of personal data

Personal data means any information concerning an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. These include, for example, name, date of birth, address, email address, telephone number or IP address.

In some cases, we may require personal information from you, namely:

•For communication with us.
•For marketing activities, e.g. to send you information of an advertising nature, unless you disagree.
We use the personal data transmitted to us only for the purposes for which they were provided to us. The collection and use of the personal data of our users is carried out on a regular basis only with the consent of the user. An exception applies to cases where prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.

Our website is not intended for children and we do not knowingly collect personal data from children.

If a child under the age of 16 years transmits his or her personal data to us, this will be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. For this purpose, the contact details of the parent or guardian must be provided to us in accordance with Art. 8 para. 2 GDPR in order to convince us that consent is given or authorised by the holder of parental responsibility over the child. Such data along with the child’s data will then be processed in accordance with this Data Protection Declaration.

If we find that a child under the age of 16 years has sent us personal data without the consent or authorisation of the holder of parental responsibility over the child, we will promptly delete the data.

 

IV. Legal basis for the processing of personal data

To the extent that we obtain the consent of the data subject for processing their personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

For the processing of personal data necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to the processing required when taking steps prior to entering into a contract.

To the extent that processing is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

To the extent that processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis.
In such cases, the data subject shall have the right to object, on grounds concerning his or her particular situation, to the processing of personal data concerning him or her at any time which is based on Art. 6 para. lit. 1 f GDPR (data processing based on the balance of interests). If the data subject objects, the controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. The objection can be expressed in any form and should be directed as far as possible to the contact information of FUN FACTORY GmbH listed above.

 

V. Data processing and use in customer service 

When you contact us (via contact form, email and online chat or through our social media platforms), your details will be stored for the purpose of processing your request and following up with questions (if any). For quicker and more accurate processing of your inquiries, we use the Zendesk ticketing system, a customer service platform from Zendesk Inc. at 989 Market Street #300, San Francisco, CA 94102. We provide the following personal data to Zendesk in the United States. Zendesk has voluntarily certified itself under the US-EU Privacy Shield and is thereby committed to complying with EU privacy regulations.

For more information about Zendesk’s data processing, see Zendesk Privacy Policy at www.zendesk.de/company/policies-procedures/data-deletion-policy

If you contact us via online chat, necessary data such as last name, first name and email address will be collected through our website to enable us to respond to your request. By contacting us via online chat, you consent to the processing of your personal data by Zendesk.
The legal basis for the processing of your data in the presence of your consent is Art. 6 para. 1 lit. a GDPR.
If you contact us through social media platforms, we would like to point out that they are not our property and beyond our control. We therefore have no influence on the type and extent of data processing by the respective platforms.

 

VI. Google Analytics

This offering uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). The use includes the operating mode ‘Universal Analytics’. This makes it possible to assign a pseudonymous user ID to data, sessions and interactions across multiple devices, thereby analysing user activities across devices.

Google Analytics uses so-called ‘cookies’, text files that are stored on users’ computers and that allow an analysis of the use of the website. The information generated by the cookie about the use of this website by the users is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, the user’s IP address will be shortened beforehand by Google within the member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. IP anonymisation is active on this website. On behalf of the operator of this website, Google will use this information to evaluate users’ use of the website, to compile reports on website activity, and to provide the website operator with other services related to the website and internet usage. For these purposes, our legitimate interest also lies in the data processing. The legal basis for the use of Google Analytics is Sec. 15 para. 3 TMG [German Telemedia Act] or Art. 6 para. 1 lit. f GDPR. Sessions and campaigns stop after a certain amount of time. By default, sessions end after 30 minutes of no activity and campaigns after six months. The campaign timeout can be a maximum of two years. For more information on the terms of use and privacy, please see https://www.google.com/analytics/terms/us.html or https://policies.google.com/?hl=en.

The IP address provided by your browser within the framework of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by making the appropriate setting in your browser software, but in this case you may not be able to use all functions of this website to their full extent. You may also prevent Google collecting the data generated by the cookie relating to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics tracking across devices, you must implement the opt-out on all systems you use. If you click here, the opt-out cookie will be set: Deactivate Google Analytics

We also use Google Analytics to analyse data from AdWords and the Double-Click Cookie for statistical purposes. If you do not want this to happen, you can disable it through the ad preferences manager (http://www.google.com/settings/ads/onweb/?hl=en)

 

VII. Google reCAPTCHA

We use the Google service reCAPTCHA of the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to check and avoid interactions on our website through automated access, e.g. through bots.

Through this service, Google is able to determine from which website an inquiry is sent and from which IP address you use the so-called reCAPTCHA input box. In addition to your IP address, Google may collect other information necessary to provide and guarantee this service. Further details can be found in the Google Privacy Center: www.google.de/intl/de/privacy

The legal basis for its use is Art. 6 para. 1 lit. f GDPR, as there is a legitimate interest in protecting this website from bots and spam.

 

VIII. Data collection and processing for online access

 

1.Retrieval data 
We or our web space provider collect data about every visit to our offerings (server log files). Access data includes:
Name of the retrieved web page; file, date and time of retrieval; amount of data transmitted; notification of successful retrieval; browser type and version; user’s operating system; referrer URL (the previously visited page); IP address and the requesting provider. Such access data is not evaluated but only needed for error analysis purpose.  The data is also stored in the log files of our system. Such data will not be stored together with the user’s other personal data.
The legal basis for the temporary storage of such data and log files is Art. 6 para. 1 lit. f GDPR.
The access data will be automatically deleted no later than seven days after the end of your page visit.
The collection of such data for the provision of the website service and the storage of such data in log files are absolutely necessary for the operation of the website. Consequently, this cannot be objected to by the user.

 

2.Cookies

Our website uses cookies. Cookies are text files that are stored on the user’s computer system by the browser. When the user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a text string that allows the browser to be uniquely identified when the website is visited again. The following data is stored and transmitted in the cookies:

(1)Language settings

____________________________

We use cookies to make our website more user-friendly. Some elements of our website require that the browser be identified even after a page change.

For this purpose, we have legitimate interests in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.

Cookies are stored on the user’s computer and transmitted to our website by the computer. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your browser, you can disable or restrict the transfer of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, you may not be able to use all the functions of our website to the full.

 

IX.Your rights 

If your personal data is processed, you are the data subject under GDPR and you have the following rights to the controller:

 

1.Right of access

You may ask the controller to confirm whether your personal data is processed by us.

If such processing is available, you can request information from the controller on the following:

(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 personal data concerning you have been disclosed or will be disclosed;

(4)The planned retention period of personal data concerning you or, if specific information is not available, criteria for determining such period;

(5)The existence of the right to request from the controller rectification or erasure of personal data or restriction of the processing of personal data concerning the data subject or to object to such processing;

(6)The right to lodge a complaint with a supervisory authority;

(7)Where personal data is not collected from the data subject, any available information as to their source;

(8)The existence of automated decision-making, including profiling, referred to in Articles 22 para. 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 about whether personal data concerning you is transmitted to a third country or an international organisation. In this regard, you may request to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

 

2.Right to rectification 

You have the right to request that the controller rectifies or supplements your data, provided that the processed data is incorrect or incomplete. The controller shall make the rectification without delay.

 

3.Right to restriction of processing

Under the following conditions, you can request restriction of the processing of personal data concerning you;

(1)if you dispute the accuracy of personal data concerning you, for a period enabling the controller to verify the accuracy of your personal data;

(2)if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

(3)if the controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims;

(4)if your have objected to processing pursuant to Article 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of yours.

Where processing of personal data concerning you has been restricted, such data shall, with the exception of its 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 you have obtained restriction of processing according to the above-mentioned conditions, you shall be informed by the controller before the restriction of processing is lifted.

 

4.Right to erasure

a)Obligation to delete

You shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase the data without undue delay where one of the following grounds applies:

(1)Personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

(2)You withdraw consent on which the processing is based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and where there is no other legal ground for the processing;

(3)You object to the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 para. 2 GDPR;

(4)Personal data concerning you has been unlawfully processed;

(5)Personal data concerning you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

(6)Personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8 para. 1 GDPR.

b)Information to third parties

Where the controller has made personal data concerning you public and is obliged pursuant to Article 17 para. 1 GDPR to erase the personal data, 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 have requested the erasure by such controllers of any links to, or copy or replication of, that personal data.

c)Exceptions

No right to erasure exists 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 by 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 points (h) and (i) of Article 9 para. 2 as well as Article 9 para. 3 GDPR;

(4)for archiving purposes, scientific or historical research purposes in the public interest or statistical purposes in accordance with Article 89 para. 1 GDPR in so far 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 information

If you have exercised the right of rectification, erasure or restriction of processing to the controller, the controller shall communicate any rectification or erasure of personal data concerning you or restriction of processing carried out to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to be informed of these recipients by the controller.

 

6.Right to data portability

You shall have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller without hindrance from the controller to which the personal data was provided, provided that;

(1)the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR; and

(2)the processing is carried out by automated means.

In exercising your right, you shall have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. Freedoms and rights of other persons may not be affected by this.

The right to data portability shall 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 controller.

 

7.Right to object

You shall have the right to object, on grounds concerning your particular situation, to the processing of personal data concerning you at any time which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data concerning you is processed for direct marketing purposes, you shall have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data concerning you shall 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 withdrawal of consent under data protection law

You shall 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 shall 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 shall not apply if the decision;

(1)is necessary for concluding or fulfilling a contract between you and a data 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 with your express consent.

Although, these decisions shall not be based on special categories of personal data referred to in Article 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR 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 shall 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 violates 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 GDPR.