Privacy policy

 

 

 

 

The entity responsible for data processing is:

SmukBird GbR
Brotstr. 1
54290 Trier
Germany
mail@smukbird.de

Phone: +49 6515613270

Thank you for your interest in our online shop. The protection of your privacy is very important to us. Below we inform you in detail about how we handle your data.

1. Access data and hosting

You can visit our websites without providing any personal information. Each time you access a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the access, the amount of data transferred and the requesting provider (access data) and documents the access. This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO. All access data is deleted at the latest seven days after the end of your visit to the site.

 Hosting

The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this Privacy Policy, all access data and all data collected in designated forms on this website are processed on their servers. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

2. Data processing for contract processing, contacting and opening a customer account

We collect personal data if you voluntarily provide it to us in the context of your order or when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, as we need the data in these cases to process the contract or to process your contact and you cannot send the order or contact without providing it. Which data is collected can be seen from the respective input forms. We use the data you provide to process the contract and your enquiries in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO.
Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO by deciding to open a customer account, we will use your data for the purpose of opening a customer account. Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After complete processing of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 (1) sentence 1 lit. c DSGVO, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) sentence 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration. The deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account.

3. Data processing for the purpose of shipment processing

For the purpose of fulfilling the contract in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.

The same applies to the transfer of data to our manufacturers or wholesalers in cases where they take over the shipping for us (drop shipment). These are regarded as shipping service providers for the purposes of this data protection declaration.

 Data transfer to shipping service providers for the purpose of shipping notification

If you have given us your express consent to do so during or after your order, we will pass on your e-mail address to the selected shipping service provider on the basis of this consent in accordance with Art. 6 (1) sentence 1 lit. a DSGVO so that the shipping service provider can contact you before delivery for the purpose of delivery notification or coordination.
You can revoke your consent at any time by sending a message to the contact option described in this data protection declaration or directly to the shipping service provider at the contact address listed below. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

DHL Paket GmbH
Sträßchensweg 10
53113 Bonn
Germany

4. Data processing for payment processing


When processing payments in our online shop, we work together with these partners: technical service providers, credit institutions, payment service providers.

4.1 Data processing for transaction processing

Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, who work for us within the framework of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves the fulfilment of the contract according to Art. 6 para. 1 p. 1 lit. b DSGVO. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy.

4.2 Data processing for the purpose of fraud prevention and optimisation of our payment processes

Where applicable, we provide our service providers with further data, which they use together with the data necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimisation of our payment processes (e.g. invoicing, processing of contested payments, accounting support). Pursuant to Art. 6 (1) sentence 1 lit. f DSGVO, this serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh our interests in the context of a balancing of interests.

5. Advertising by e-mail

5.1 E-mail newsletter without registration and your right to object

If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right, on the basis of Section 7 (3) of the German Unfair Competition Act (UWG), to regularly send you offers by e-mail for similar products to those you have already purchased from our range. This serves to protect our legitimate interests in addressing our customers in an advertising manner, which outweigh our interests in the context of a balancing of interests.
You can object to this use of your e-mail address at any time by sending a message to the contact option described in this data protection declaration or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

5.2 Newsletter dispatch

The newsletter may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

5.3 Sending evaluation requests by e-mail

If you have given us your express consent to do so during or after your order in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, we will use your e-mail address to ask you to submit a rating of your order via the rating system we use. This consent can be revoked at any time by sending a message to the contact option described in this data protection declaration or via a link provided for this purpose in the rating request.

The rating requests may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

6. Cookies and other technologies

6.1 General information

In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser on your next visit (persistent cookies).
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies collect and process IP address, time of visit, device and browser information as well as information on your use of our website (e.g. information on the contents of the shopping basket). Within the framework of a balancing of interests, this serves overriding legitimate interests in an optimised presentation of our offer in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO.

In addition, we use technologies to fulfil the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for the data processing, can be found in the following sections of this privacy policy.

You can find the cookie settings for your browser under the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™

Insofar as you have consented to the use of the technologies in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO, you can revoke your consent at any time by sending a message to the contact option described in the privacy policy. Alternatively, you can also access the following link: https://smukbird.de. If you do not accept cookies, the functionality of our website may be limited.

6.2 Cookiebot Consent Management Platform


We use Cookiebot on our website to inform you about the cookies and other technologies we use on our website, as well as to obtain, manage and document your consent to the processing of your personal data by these technologies, if required. This is necessary pursuant to Art. 6 (1) p. 1 lit. c DSGVO to comply with our legal obligation under Art. 7 (1) DSGVO to be able to prove your consent to the processing of your personal data, to which we are subject. Cookiebot is a service offered by Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark, which processes your data on our behalf.
After you submit your cookie declaration on our website, Cookiebot's web server stores your anonymised IP address, the date and time of your declaration, browser information, the URL from which the declaration was sent, information about your consent behaviour and an anonymous random key. In addition, a cookie is used that contains the information about your consent behaviour and the key. Your data will be deleted after twelve months, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

7. Use of cookies and other technologies for web analysis and advertising purposes

Insofar as you have given your consent in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO, we use the following cookies and other technologies from third-party providers on our website. After the end of the purpose and the end of the use of the respective technology by us, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and other technologies". Further information including the basis of our cooperation with the individual providers can be found in the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

7.1 Use of Google services

We use the technologies of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), which are described below. The information automatically collected by Google technologies about your use of our website is generally transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision of the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission. If your IP address is collected via Google technologies, it will be shortened before being stored on Google's servers by activating IP anonymisation. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. Unless otherwise stated for the individual technologies, the data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 DSGVO. Further information on data processing by Google can be found in the Google's privacy policy.

 Google Analytics

For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. As a matter of principle, your IP address will not be merged with other Google data. Data processing is carried out on the basis of an order processing agreement by Google.

 Google Ads

For advertising purposes in Google search results as well as on third-party websites, the so-called Google Remarketing Cookie is set when you visit our website, which automatically enables interest-based advertising by collecting and processing data (IP address, time of visit, device and browser information as well as information on your use of our website) and by means of a pseudonymous CookieID and on the basis of the pages you visit. Any further data processing will only take place if you have activated the "personalised advertising" setting in your Google account. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing.

 Google Fonts

For the uniform presentation of the content on our website, data (IP address, time of visit, device and browser information) is collected by the script code "Google Fonts", transmitted to Google and subsequently processed by Google. We have no influence on this subsequent data processing.

 YouTube Video Plugin

To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the YouTube video plugin in the extended data protection mode used by us, transmitted to Google and subsequently processed by Google only when you play a video.

7.2 Other providers of web analysis and online marketing services

 Use of Matomo as a software solution for web analysis
For the purpose of website analysis, data (IP address, time of visit, device and browser information as well as information on your use of our website) is automatically collected and stored using the Matomo software from InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. The pseudonymised usage profiles are not combined with personal data about the bearer of the pseudonym without your express consent, which must be given separately. Data processing by Matomo takes place on our servers.

 Use of Vimeo video plugin for the integration of third-party content
To integrate third-party content, data (IP address, time of visit, device and browser information) is collected via the video plugin from Vimeo LLC, 555 West 18th Street, New York 10011, USA ("Vimeo"), transmitted to Vimeo and then processed by Vimeo. The data processing takes place on the basis of an agreement between jointly responsible parties pursuant to Art. 26 DSGVO. Google Analytics is automatically integrated in the Vimeo video plugin. For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. Google Analytics is a service provided by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google about your use of our website will be transmitted to and stored by Google on servers operated by Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Your IP address is shortened before being stored on Google's servers by activating IP anonymisation. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. We have no influence or access to the data processing by Vimeo including the settings and results of Google Analytics. There is no adequacy decision of the European Commission for the USA. Our cooperation is based on standard data protection clauses of the European Commission.

8. Contact options and your rights

As a data subject, you have the following rights:

  • pursuant to Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent specified therein;
  • pursuant to Art. 16 DSGVO, the right to demand the correction of incorrect or incomplete personal data stored by us without delay;
  • in accordance with Article 17 of the GDPR, the right to request the erasure of your personal data stored by us, unless further processing is necessary for the exercise of the right to freedom of expression.
    • for the exercise of the right to freedom of expression and information;
    • to comply with a legal obligation;
    • for reasons of public interest; or
    • the assertion, exercise or defence of legal claims;
  • in accordance with Art. 18 DSGVO, the right to request the restriction of the processing of your personal data, insofar as
    • the accuracy of the data is disputed by you;
    • the processing is unlawful, but you object to its erasure;
    • we no longer need the data, but you need them to assert, exercise or defend legal claims, or
    • you have objected to the processing in accordance with Art. 21 DSGVO;
  • pursuant to Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;
  • pursuant to Art. 77 DSGVO, the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a specific use of data, please contact us directly using the contact details in our imprint.

Right of objection

Insofar as we process personal data as explained above in order to protect our legitimate interests which prevail in the context of a balance of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object on grounds relating to your particular situation.

After you have exercised your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

This does not apply if the processing is for direct marketing purposes. Then we will not further process your personal data for this purpose.