Privacy policy

1) Information about the collection of personal data and contact details of the responsible person.

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 in this context is all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is Philipp Müller.
Philipp Müller, tiny moth, Am Goldmannpark 67, 12587 Berlin, Germany, Tel.: +491794906604, e-mail: info@tiny-moth.com. The controller 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 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 person responsible). You can recognize an encrypted connection by the string "https://" and the lock symbol in your browser line.

 

2) Data collection when visiting our website

During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, 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, which is technically necessary for us to display the website to you:

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

The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not 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 illegal use.

 

3) Hosting & Content Delivery Network

Hosting by Shopify
We use the store system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), for the purpose of hosting and displaying the online store on the basis of processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of Shopify's aforementioned services, data may also be transferred to Shopify Inc, 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc, Shopify Payments (USA) Inc or Shopify (USA) Inc as part of further processing on our behalf. In the event that data is transferred to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by adequacy decision of the European Commission. For further information on Shopify's data protection, please visit the following website: https://www.shopify.de/legal/datenschutz.
Further processing on servers other than the aforementioned of Shopify takes place only within the framework communicated below.

 

4) Cookies

In order to make visiting 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 terminal device. In part, these cookies are automatically deleted again after closing the browser (so-called "session cookies"), in part, these cookies remain on your end device for a longer period of time and enable the storage of page settings (so-called "persistent cookies"). In the latter case, you can find the storage period in the overview of the cookie settings 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 DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given, or in accordance with Art. 6 para. 1 lit. f DSGVO to protect 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 in such a way 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 limited.

 

5) Contacting

When contacting 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 processing this data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at a contract, additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

 


6) Use of customer data for direct marketing purposes

6.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will send you regular 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. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by activating a verification link sent to the specified e-mail address.

By activating the verification link, you give us your consent to use your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. In doing so, we store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration in order to be able to track any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose. 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 person responsible mentioned 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 use your data for any other purpose that is permitted by law and about which we inform you in this declaration.

6.2 - Newsletter delivery via Shopify Email
Our email newsletters are sent via Shopify Email, a service of Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"), to whom we pass on the data you provided when you registered for the newsletter. This transfer takes place in accordance with Art. 6 (1) lit. f DSGVO and serves our legitimate interest in using an effective advertising, secure and user-friendly newsletter system. The data entered by you for the purpose of receiving newsletters (e.g. email address) is generally stored on Shopify's servers in the EU.
As part of Shopify's aforementioned services, data may also be transmitted to Shopify Inc, 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc, Shopify Payments (USA) Inc or Shopify (USA) Inc as part of further processing on behalf of Shopify. In the case of transfer of data to Shopify Inc. in Canada, the adequate level of data protection is guaranteed by adequacy decision of the European Commission.
Shopify uses this information to send and statistically evaluate the newsletters on our behalf. For the evaluation, the emails sent may contain so-called web beacons or tracking pixels, which are single-pixel image files 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. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively pseudonymously and is not linked to your other personal data, a 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 the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, Shopify may use this data itself in accordance with Art. 6 (1) lit. f DSGVO due to its own legitimate interest in designing and optimizing the service in line with demand, as well as for market research purposes, for example to determine which countries the recipients come from. However, Shopify does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
We have entered into an order processing agreement with Shopify, which obliges Shopify to protect our customers' data and not to pass it on to third parties.
You can view Shopify's privacy policy here: https://www.shopify.de/legal/datenschutz

 

7) Data processing for order processing

7.1 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 DSGVO.

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 about upcoming updates within the legally stipulated period within the framework of our legal information obligations pursuant to Art. 6 (1) lit. c DSGVO by suitable means of communication (e.g. by post or e-mail). Your contact data 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 necessary for the respective information.

In order to process your order, we also work together with the service provider(s) listed below, 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.

7.2 Use of payment service providers (payment services)

- Shopify Payments
We use the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered via the payment service provider Shopify Payments, the payment processing is carried out via the technical service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process, together with information about your order (name, address, account number, bank routing number, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 (1) lit. b DSGVO. Your data will only be passed on for the purpose of payment processing with Stripe Payments Europe Ltd. and only insofar as it is necessary for this purpose. You can find more information on the data protection of Shopify Payments at the following Internet address: https://www.shopify.com/legal/privacy.
Data protection information on Stripe Payments Europe Ltd. can be found here: https://stripe.com/de/privacy

 

8) Tools and other

Cookie consent tool

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require consent. The "Cookie Consent Tool" is displayed to users in the form of an interactive user interface when they call up the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. By using the tool, all cookies/services requiring consent are only loaded if the respective user grants the corresponding consent by setting a check mark. This ensures that such cookies are only set on the respective user's end device if consent has been granted.
The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally 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) lit. f DSGVO 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.
Further legal basis for the processing is Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

 

9) Rights of the Data Subject

9.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) 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 prerequisites:

    Right to information pursuant to Art. 15 DSGVO;
    Right to rectification pursuant to Art. 16 DSGVO;
    Right to erasure pursuant to Art. 17 DSGVO;
    Right to restriction of processing pursuant to Art. 18 DSGVO;
    Right to information pursuant to Art. 19 DSGVO;
    Right to data portability pursuant to Art. 20 DSGVO;
    Right to withdraw consent given pursuant to Art. 7(3) DSGVO;
    Right to lodge a complaint pursuant to Art. 77 DSGVO.

9.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

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

 

10) Duration of the storage of personal data

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

When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his or her consent.

If there are legal retention periods for data that is processed within the scope of legal business or similar obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after the retention periods have expired, insofar as it is no longer required for the fulfillment of a contract or the initiation of a contract and/or there is no continued legitimate interest on our part in the continued storage.

When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Article 6 (1) (f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Article 21 (2) DSGVO.

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


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