Privacy policy

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. In the following, 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 Anke Nellen, Burgholzweg, 89, 72070 Tübingen, Deutschland, Tel.: 017634080262, E-Mail: anke@smartpattern.de. The controller responsible for 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.

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

2) Data collection when visiting our website

If you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

The processing is carried out in accordance with Art. 6 para. 1 lit. 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 retrospectively if there are concrete indications of unlawful use.

3) Cookies

We use cookies, i.e. small text files that are stored on your end device, to make your visit to our website attractive and to enable the use of certain functions. Some of these cookies are automatically deleted again after closing the browser (so-called “session cookies”), while others remain on your device for longer and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the cookie settings overview of your web browser.
If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the performance of the contract, pursuant to Art. 6 para. 1 lit. a GDPR in the case of consent given or pursuant to Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be restricted.

4) Making contact

When you contact us (e.g. via contact form or e-mail), personal data is processed exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary

5) Data processing when opening a customer account

Pursuant to Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. The data required to open an account can be found in the input mask of the corresponding form on our website. Deletion of your customer account is possible at any time and can be done by sending a message to the above-mentioned address of the controller. After deletion of your customer account, your data will be deleted, provided that all contracts concluded through it have been fully processed, there are no legal retention periods to the contrary and we have no legitimate interest in further storage.

6) Comment function

As part of the comment function on this website, in addition to your comment, details of when the comment was created and the commentator name you have chosen will be saved and published on this website. Furthermore, your IP address is stored for security reasons in order to make it possible to identify the author in the event of unlawful comments. Your e-mail address will be stored so that you can be contacted if a third party should object to your published content as unlawful.

7) Use of customer data for direct advertising

– Newsletter dispatch via MailPoet
Our email newsletters are sent via the “MailPoet” service, a service provided by Aut O’Mattic A8C Ireland Ltd, Grand Canal Dock, 25 Herbert Pl, Dublin, D02 AY86, Ireland (hereinafter “MailPoet”), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 para. 1 lit. f GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. The data you enter for the purpose of subscribing to the newsletter (e.g. email address) will be stored on MailPoet’s servers in the EU.
MailPoet uses this information to send and statistically analyze the newsletter on our behalf. For evaluation purposes, the newsletters sent by e-mail contain so-called web beacons or tracking pixels, which are one-pixel image files that are stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. Conversion tracking can also be used to analyze whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on such links. Technical information is also collected (e.g. time of access, IP address, browser type and operating system). The data is collected exclusively in pseudonymized form and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
We have concluded an order processing contract with MailPoet in which we oblige MailPoet to protect our customers’ data and not to pass it on to third parties.
You can read more about MailPoet’s data analysis here:
https://www.mailpoet.com/privacy-notice/

8) Data processing for order processing

8.1 – Transmission of image files for order processing via upload function
On our website, we offer customers the opportunity to order the personalization of products by submitting image files via an upload function. The submitted image motif is used as a template for the personalization of the selected product.
The customer can use the upload form on the website to send us one or more image files from the memory of the end device used directly via automated, encrypted data transmission. We then collect, store and use the transmitted files exclusively for the production of the personalized product in accordance with 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 of this 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 are carried out exclusively for the purpose of processing your online order in accordance with Art. 6 para. 1 lit. a GDPR. 1 lit. b GDPR. Once the order has been completed, the transmitted image files are automatically and completely deleted.
– Transmission of image files for order processing by e-mail
On our website, we offer customers the opportunity to order the personalization of products by sending image files by e-mail. The submitted image motif is used as a template for the personalization of the selected product.
The customer can send us one or more image files from the memory of the end device used via the e-mail address provided on the website. We then record, store and use the files transmitted in this way exclusively for the production of the personalized product in accordance with 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 of this 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 are carried out exclusively for the purpose of processing your online order in accordance with Art. 6 para. 1 lit. a GDPR. 1 lit. b GDPR. Once the order has been completed, the transmitted image files are automatically and completely deleted.

8.2 To the extent necessary for contract processing for delivery and payment purposes, the personal data collected by us will be processed in accordance with Art. 6 para. 1 lit. b GDPR to the commissioned transport company and the commissioned credit institution.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you within the scope of our statutory information obligations pursuant to Art. 6 para. 1 lit. a GDPR. 1 lit. c GDPR by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period. Your contact details will be used strictly for the purpose of notifying you of 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.

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 transmitted to these service providers in accordance with the following information.

8.3 Use of payment service providers (payment services)

– Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by installments” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by installments” via PayPal. For this purpose, your payment data may be processed in accordance with Art. 6 para. 1 lit. f GDPR on the basis of PayPal’s legitimate interest in determining your solvency to credit agencies. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Further data protection information, including information on the credit agencies used, can be found in PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

9) Web analysis services

Google (Universal) Analytics with Google Signals
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google (Universal) Analytics uses “cookies”, which are text files placed on your device, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including the shortened IP address) is usually transmitted to a Google server and stored there; it may also be transmitted to the servers of Google LLC. in the USA.
This website uses Google (Universal) Analytics exclusively with the extension “_anonymizeIp()”, which ensures anonymization of the IP address by shortening it and excludes direct personal reference. By extension, your IP address will be shortened by Google within 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 transmitted to a Google LLC server in the USA and shortened there.
Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google (Universal) Analytics is not merged with other Google data.
Google Analytics also uses a special function, the so-called “demographic characteristics”, to create statistics with statements about the age, gender and interests of site visitors on the basis of an evaluation of interest-based advertising and with the involvement of third-party information. This allows the definition and differentiation of user groups of the website for the purpose of target group-optimized marketing measures. However, data records recorded via the “demographic characteristics” cannot be assigned to a specific person.
Details on the processing triggered by Google Analytics and how Google handles data from websites can be found here: https://policies.google.com/technologies/partner-sites
All processing described above, in particular the setting of Google Analytics cookies for the reading of information on the terminal device used, will only be carried out if you have given us your consent in accordance with Art. 6 para. 1 lit. a GDPR. 1 lit. a GDPR have given your express consent to this. Without this consent, Google Analytics will not be used during your visit to our website.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website. We have concluded an order processing contract with Google for the use of Google Analytics, which obliges Google to protect the data of our website visitors and not to pass it on to third parties. For the transfer of data from the EU to the USA, Google relies on so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de
This website also uses the Google Signals service as an extension of Google Analytics. With Google Signals, we can have Google create cross-device reports (so-called “cross-device tracking”). If you have activated “personalized ads” in your Google account settings and you have linked your internet-enabled devices to your Google account, Google may track user behavior if you have given your consent to the use of Google Analytics in accordance with Art. 6 para. 1 lit. f GDPR. 1 lit. a GDPR (see above) across all devices and create database models based on this. This takes into account the logins and device types of all site visitors who were logged into a Google account and made a conversion. The data shows, among other things, on which device you clicked on an ad for the first time and on which device the associated conversion took place. We do not receive any personal data from Google, but only statistics compiled on the basis of Google Signals. You have the option of deactivating the “personalized ads” function in the settings of your Google account and thus deactivating the cross-device analysis. Please follow the instructions on this page: https://support.google.com/ads/answer/2662922?hl=de
Further information can be found here: https://support.google.com/analytics/answer/7532985?hl=de

10) Page functionalities

10.1 Use of YouTube videos
This website uses the YouTube embedding function to display and play videos from the provider “YouTube”, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
The extended data protection mode is used here, which, according to the provider, only initiates the storage of user information when the video(s) is/are played. If the playback of embedded YouTube videos is started, the provider “YouTube” uses cookies to collect information about user behavior. According to information from “Youtube”, these are used, among other things, to record video statistics, improve user-friendliness and prevent abusive behavior. If you are logged in to Google, your data will be assigned directly to your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Irrespective of playback of the embedded videos, a connection to the Google network is established each time this website is accessed, which may trigger further data processing operations without our influence.
All processing described above, in particular the reading of information on the terminal device used via the tracking pixel, will only be carried out if you have given us your consent in accordance with Art. 6 para. 1 lit. a GDPR have given your express consent to this. Without this consent, YouTube videos will not be used during your visit to our website.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website via alternative options communicated to you on the website.
Further information on data protection at “Youtube” can be found in the Youtube terms of use at https://www.youtube.com/static?template=terms and in Google’s privacy policy at https://www.google.de/intl/de/policies/privacy

10.2 – Jitsi Meet
We use the “Jitsi Meet” service of 8×8, Inc, 675 Creekside Way, Campbell, California 95008, USA (hereinafter “Jitsi Meet”) to conduct online meetings, video conferences and/or webinars.
Different data is processed when Jitsi Meet is used. The scope of the data processed depends on the data you provide before or during participation in an online meeting, video conference or webinar. When using Jitsi Meet, data of the communication participants is processed and stored. This data may include, in particular, your login data (name, e-mail address, telephone (optional) and password) and meeting data (topic, participant IP address, device information, description (optional)). In addition, visual and audio contributions from participants as well as voice input in chats can be processed.
When processing personal data that is required to fulfill a contract with you (this also applies to processing operations that are required to carry out pre-contractual measures), Art. 6 para. 1 lit. b GDPR as the legal basis. If you have given us your consent to process your data, the processing is carried out on the basis of Art. 6 para. 1 lit. a GDPR. Any consent given can be revoked at any time with effect for the future.
Furthermore, the legal basis for data processing when conducting online meetings, video conferences or webinars is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the effective implementation of the online meeting, webinar or video conference. Further information on data usage by Jitsi Meet can be found at https://jitsi.org/meet-jit-si-privacy/

10.3 – Google Web Fonts
This site uses so-called web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”) for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to Google’s servers. This may also result in the transmission of personal data to the servers of Google LLC. in the USA. In this way, Google becomes aware that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR represent. If your browser does not support web fonts, a standard font will be used by your computer.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

11) Tools and miscellaneous

Cookie Consent Tool

This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies requiring consent and cookie-based applications. The “Cookie Consent Tool” is displayed to users in the form of an interactive user interface when they access a page, where they can give their consent for certain cookies and/or cookie-based applications by ticking a box. By using the tool, all cookies/services requiring consent are only loaded if the respective user gives their consent by ticking the relevant box. This ensures that such cookies are only set on the user’s end device if consent has been given.
The tool sets technically necessary cookies to save your cookie preferences. Personal user data is not processed in this context.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) (f) GDPR. 1 lit. f GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Another legal basis for the processing is Art. 6 para. 1 lit. c GDPR. As the controller, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

12) Rights of the data subject

12.1 The applicable data protection law grants you the following data subject rights (information and intervention rights) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise requirements:

12.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO 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 DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

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

13) Duration of storage of personal data

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

When processing personal data on the basis of express consent pursuant to Art. 6 para. 1 lit. a GDPR, this data is stored until the data subject withdraws their consent.

If there are statutory retention periods for data that are required in the context of legal or quasi-legal obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer required for contract fulfillment or contract initiation and/or we no longer have a legitimate interest in further storage.

When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises their right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises their right to object in accordance with Art. 21 para. 2 GDPR exercises.

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

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

[/vc_column_text]

Represented by the IT law firm