Privacy

DATA PROTECTION DECLARATION

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Muhammed Kiziler, Gamoki Online Shop, Franz-Vogt-Str. 3, 44789 Bochum, Germany, Phone.: 015254087911, e-mail: info@gamoki.de. The controller in charge of the processing of personal data 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 You Visit Our Website

2.1 When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the moment of access
  • Amount of data sent in bytes
  • Source/reference from which you came to the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.

2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

Shopify

For the hosting of our website and the display of the page content, we use the system of the following provider: Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also 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 an order processing agreement with the provider, ensuring the protection of our site visitors' data and prohibiting unauthorised disclosure to third parties.

In case of data transfer to Canada, an adequate level of data protection is guaranteed by an adequacy decision of the European Commission.

4) Cookies

In order to make your visit to our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. In some cases, these cookies are automatically deleted again after the browser is closed (so-called "session cookies"), in other cases, these cookies remain on your end device for longer and allow page settings to be saved (so-called "persistent cookies"). In the latter case, you can find the duration of the storage in the overview of the cookie settings of your web browser.

If personal data is also processed by individual cookies set by us, the processing is carried out either in accordance with Art. 6 (1) point b GDPR for the performance of the contract, in accordance with Art. 6 (1) point a GDPR in the case of consent given or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

You can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.

Please note that the functionality of our website may be limited if cookies are not accepted.

5) Contacting Us

When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration.

The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.

6) Commentary Function

Within the scope of the commentary function on this website, in addition to your comment, information on the time of writing the comment and the name of the commentator you have chosen is stored and published on the website. Furthermore, your IP address is logged and stored. This IP address is stored for security reasons in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. We need your e-mail address to contact you if a third party should object to your published content as unlawful. The legal basis for the storage of your data is Art. 6 (1) point b and f GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.

7) Use of Client Data for Direct Advertising

7.1 Subscribe to our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link.

By activating the confirmation link, you give us your consent for the use of your personal data pursuant to Art. 6 (1) point a GPPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration for the purpose of tracing any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the promotional purposes by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data, or we reserve the right to a more extensive use your data which is permitted by law and about which we inform you in this declaration.

7.2 Klaviyo

Our e-mail newsletters are sent via this provider: Klaviyo", 225 Franklin St, Boston, MA 02110, USA

On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provided when registering for the newsletter to this provider in accordance with Art. 6 (1) point f GDPR so that they can send the newsletter on our behalf.

Subject to your express consent pursuant to Art. 6 (1) point a GDPR, the provider also carries out a statistical analysis of the success of newsletter campaigns by means of web beacons or tracking pixels in the emails sent, which can measure opening rates and specific interactions with the newsletter content. In the process, end device information (e.g. time of page view, IP address, browser type and operating system) is also collected and analysed, but not combined with other data records.

You can revoke your consent to newsletter tracking at any time with effect for the future.

We have concluded an order processing agreement with the provider, which safeguards the data of our website visitors and prohibits a transfer to third parties.

8) Processing of Data for the Purpose of Order Handling

8.1 Transmission of image files for order processing by e-mail

On our website, we offer customers the opportunity to order the customization of products by sending image files via e-mail. The submitted image motif is used as a template for the customization of the selected product.

Using the e-mail address provided on the website, the customer can transmit one or more image files to us from the memory of the end device used. We then collect, store, and use files transmitted in this way exclusively to produce the customized product as defined in the respective service description on our website. If the transmitted image files are passed on to special service providers for the production and processing of the order, you will be explicitly informed in the following paragraphs. Any further disclosure will not take place. If the transmitted files or the digital motifs contain personal data (in particular images of identifiable persons), all the processing operations just mentioned will be carried out exclusively for the purpose of processing your online order in accordance with Art. 6 (1) point b GDPR. After final processing of the order, the transmitted image files are automatically and completely deleted.

8.2 Transmission of image files for order processing via upload function

On our website, we offer customers the opportunity to order the customization of products by sending image files via an upload function. The submitted image motif is used as a template for the customization of the selected product.

Using the upload function on the website, the customer can transmit one or more image files from the memory of the end device used directly to us via automated, encrypted data transmission. We then collect, store, and use files transmitted in this way exclusively to produce the customized product as defined in the respective service description on our website. If the transmitted image files are passed on to special service providers for the production and processing of the order, you will be explicitly informed in the following paragraphs. Any further disclosure will not take place. If the transmitted files or the digital motifs contain personal data (in particular images of identifiable persons), all the processing operations just mentioned will be carried out exclusively for the purpose of processing your online order in accordance with Art. 6 (1) point b GDPR. After final processing of the order, the transmitted image files are automatically and completely deleted.

8.3 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us 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 on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 Para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

8.4 We work with external shipping partners to fulfil our contractual obligations to our customers. We pass on your name as well as your delivery address exclusively for the purpose of delivering goods to a shipping partner selected by us, pursuant to Art. 6 (1) point b GDPR.

8.5 Use of Payment Service Providers

- Amazon Pay

Online payment methods from the following provider are available on this website: Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg

If you select a payment method of the provider for which you make an advance payment (e.g. credit card payment), your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose.
- Apple Pay
If you choose the payment method "Apple Pay" of Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment processing is carried out via the "Apple Pay" function of your terminal device operated with iOS, watchOS or macOS by debiting a payment card deposited with "Apple Pay". Apple Pay uses security features built into the hardware and software of your device to protect your transactions. In order to release a payment, it is therefore necessary to enter a code previously defined by you and to verify it using the "Face ID" or "Touch ID" function of your terminal.
For the purpose of payment processing, your information provided during the ordering process, along with information about your order, will be transmitted to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay for payment processing. The encryption ensures that only the website from which the purchase was made can access the payment information. After the payment is made, Apple sends your device account number and a transaction-specific dynamic security code to the originating website to confirm the payment.
If personal data is processed in the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 Para. 1 lit. b GDPR.
Apple retains anonymised transaction data, including the approximate amount of the purchase, the approximate date and time and whether the transaction was completed successfully. Anonymisation completely excludes any personal reference. Apple uses the anonymised data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on iPhone or the Apple Watch to complete a purchase made through Safari on Mac, the Mac and the authorization device communicate through an encrypted channel on Apple's servers. Apple does not process or store this information in any format that can identify you personally. You can disable the ability to use Apple Pay on your Mac in your iPhone preferences. Go to "Wallet & Apple Pay" and disable "Allow payments on Mac".
For more information about Apple Pay privacy, please visit the following web address: https://support.apple.com/en-gb/HT203027
- Google Pay
If you choose the payment method "Google Pay" of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), the payment processing is carried out via the "Google Pay" application of your mobile device running at least Android 4.4 ("KitKat") and having an NFC function by charging a payment card deposited at Google Pay or a payment system verified there (e.g. PayPal). For the release of a payment via Google Pay in the amount of more than 25,- € the prior unlocking of your mobile device by the respective verification measure (e.g. face recognition, password, fingerprint or pattern) is required.
For the purpose of payment processing, your information provided during the ordering process, together with the information about your order, will be forwarded to Google. Google then transmits your payment information stored in Google Pay in the form of a unique transaction number to the source website, which is used to verify a payment. This transaction number does not contain any information about the real payment data of your means of payment deposited with Google Pay, but is created and transmitted as a uniquely valid numeric token. For all transactions via Google Pay, Google acts merely as an intermediary to process the payment transaction. The transaction is carried out exclusively in the relationship between the user and the source website by debiting the means of payment deposited with Google Pay.
If personal data are processed in the described transmissions, 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 evaluate certain transaction-specific information for each transaction made via Google Pay. This includes the date, time and amount of the transaction, the merchant's location and description, a description provided by the merchant of the goods or services purchased, photos that you have attached to the transaction, the name and email address of the seller and buyer or the 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 optimisation and maintenance of the functionality of the Google Pay service.
Google also reserves the right to combine the processed transaction data with other information which is collected and stored by Google when using other Google services.
The terms of use of Google Pay can be found here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=en
Further information on data protection at Google Pay can be found at the following Internet address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en
- Paypal

Online payment methods from the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method of the provider for which you make an advance payment, your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose.

When selecting a payment method of the provider with which the provider makes advance payments, you will also be asked to provide certain personal data (first name and surname, street, house number, postcode, city, date of birth, e-mail address, telephone number, if applicable data on alternative means of payment) during the ordering process.

In order to safeguard our legitimate interest in determining the solvency of our customers, this data is passed on to the provider by us for the purpose of a credit check in accordance with Art. 6 (1) point f GDPR. On the basis of the personal data provided by you as well as further data (such as shopping cart, invoice total, order history, payment history), the provider checks whether the payment option selected by you can be granted with regard to payment and/or bad debt risks.

The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.

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 the contractual processing of payments.
- Shopify Payments

Online payment methods from the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Irland

If you select a payment method of the provider for which you make an advance payment (e.g. credit card payment), your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose.
- SOFORT

Online payment methods from the following provider are available on this website: SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany

If you select a payment method of the provider for which you make an advance payment (e.g. credit card payment), your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose.

9) Retargeting/Remarketing/ Referral Advertising

Meta Pixel with extended data synchronisation

Within our online offering, we use the "Meta Pixel" service of the following provider in extended data synchronisation mode: Meta Platforms Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland ("Meta")

If a user clicks on an advert placed by us on Facebook or Instagram, "Meta Pixel" is used to add a parameter to the URL of our linked page. This URL parameter is then entered in the user's browser after redirection by a cookie that our linked page sets itself. In addition, this cookie collects specific customer data, such as the email address, which we collect on our website linked to the Facebook or Instagram ad during processes such as purchase transactions, account logins or registrations (extended data synchronisation). The cookie is then read and enables the data, including specific customer data, to be transmitted to Meta.

We use "Meta Pixel" with extended data matching to make our adverts (so-called "Ads") on Facebook and/or Instagram more effective and to ensure that they correspond to the interests of users or have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Meta (so-called "Custom Audiences").

In addition, we analyse the effectiveness of our advertisements by tracking whether users were redirected to our website after clicking on an advertisement (conversion). Compared to the standard version of "Meta Pixel", the extended data synchronisation function helps us to better measure the effectiveness of our advertising campaigns by recording more associated conversions.

All transmitted data is stored and processed by Meta so that an assignment to the respective user profile is possible and Meta can use the data for its own advertising purposes in accordance with Meta's data usage guidelines (https://www.facebook.com/about/privacy/). The data may enable Meta and its partners to place adverts on and off Facebook.

All processing described above, in particular the setting of cookies for reading information on the terminal device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "cookie consent tool" provided on the website.

We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorised disclosure to third parties.

The information generated by Meta is usually transferred to a Meta server and stored there; in this context, it may also be transferred to servers of Meta Platforms Inc. in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.

10) Site Functionalities

Endereco

To check certain entries in the address form of the order process used in our web shop to detect input errors in real time, we use the services of the following provider: Endereco UG, Balthasar-Neumann-Straße 4b, 97236 Randersacker, Germany

The provider validates the address entered, verifies the spelling, and completes any missing data. If the address is not unique, correct alternative suggestions are displayed. For this purpose, the address data you entered is transmitted to the provider, stored there, and evaluated.

This processing is carried out in accordance with Art. 6 (1) point f GDPR based on our legitimate interest in the proper collection of the correct customer address data to diligently fulfil our contractual delivery obligations and to prevent contract implementation problems.

The provider processes the data concerned separately and does not merge them with other data files. He deletes them as soon as their status or correctness has been confirmed, but no later than after 30 days.

11) Rights of the Data Subject

11.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:

  • Right of access by the data subject pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Art. 16 GDPR;
  • Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to be informed pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw a given consent pursuant to Art. 7 (3) GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

11.2 RIGHT TO OBJECT

IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND 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 WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

12) Duration of Storage of Personal Data

The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).

If personal data is processed basis on an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.

If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.

When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data is processed for the purpose of direct marketing based on Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.

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