Privacy policy

1) Information about the collection of personal data and contact details of the data controller

1.1 We are delighted that you are visiting our website and thank you for your interest. Below, we inform you about how we handle your personal data when you use our website. Personal data includes any data that can personally identify you.

1.2 The data controller for the processing of data on this website, in accordance with the General Data Protection Regulation (GDPR), is SmartPlayground. The data controller is the natural or legal person who, alone or jointly with others, decides the purposes and means of processing personal data.

1.3 For security reasons and to protect the transmission of personal data and other confidential content (such as orders or inquiries to the data controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the string "https://" and the padlock symbol in your browser's address bar.

 

2) Data collection when visiting our website

When you visit our website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect the data that your browser sends to our server (so-called "server log files"). When you access 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 of access
- Amount of data sent in bytes
- Source/reference from which you accessed the page
- Browser used
- Operating system used
- IP address used (possibly in anonymized form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. There is no further disclosure or other use of the data. However, we reserve the right to subsequently check the server log files if there are concrete indications of unlawful use.

"By using our website, you (the visitor) consent to third parties processing your IP address to determine your location for currency conversion. You also agree that this currency will be stored in a session cookie in your browser (A temporary cookie that is automatically removed when you close your browser.) We do this so that the selected currency remains consistent while browsing our website, allowing prices to be converted into your (the visitor's) country's currency."

 

3) Cookies

To make your visit to our website attractive and to enable the use of certain functions, we use cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e., after you close your browser (so-called session cookies). Other cookies remain on your device and allow us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process certain user information to an individual extent, such as browser and location data as well as IP address values. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.

Some cookies are used to simplify the ordering process by storing settings (e.g., remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the performance of the contract or in accordance with 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 site visit.

Under certain circumstances, we may work with advertising partners who help us make our Internet offering more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). If we work with aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in the following paragraphs.

Please note that you can configure your browser settings to inform you about the setting of cookies and to decide on their acceptance individually or to exclude the acceptance of cookies for specific cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers at the following links:
- Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
- Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
- Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
- Safari: https://support.apple.com/kb/ph21411?locale=de_DE
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies

Please note that if you do not accept cookies, the functionality of our website may be limited.

 

4) Contact

When contacting us (e.g., via contact form or email), personal data is collected. The specific data collected in the case of a contact form can be seen from the respective contact form. This data is used and stored solely for the purpose of responding to your inquiry or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your inquiry pursuant to Art. 6 para. 1 lit. f GDPR. If your contact aims at concluding a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after the final processing of your inquiry, provided that it can be inferred from the circumstances that the matter in question has been conclusively clarified and there are no legal retention obligations to the contrary.

 

5) Data Processing for Opening a Customer Account and Contract Execution

According to Art. 6 para. 1 lit. b GDPR, personal data is also collected and processed when you provide it to us for the purpose of performing a contract or when opening a customer account. The data collected can be seen from the respective input forms. You can delete your customer account at any time, and this can be done by sending a message to the above address of the data controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to further use of your data or we reserve the right to further data usage permitted by law, about which we will inform you accordingly below.

 

6) Use of Single Sign-On Methods
Facebook Connect

On our website, you can create a customer account or register using the social plugin "Facebook Connect" from the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA ("Facebook"), as part of the so-called Single Sign-On technique, if you have a Facebook profile. You can recognize the social plugins of "Facebook Connect" on our website by the blue button with the Facebook logo and the inscription "Log in with Facebook" or "Connect with Facebook" or "Sign in with Facebook."

When you visit a page of our website that contains such a plugin, your browser establishes a direct connection to Facebook's servers. The content of the plugin is transmitted directly to your browser by Facebook and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted directly from your browser to a server of Facebook in the USA and stored there. These data processing operations are carried out in accordance with Art. 6 para. 1 lit. f GDPR based on Facebook's legitimate interest in displaying personalized advertising based on browsing behavior.

By using this "Facebook Connect" button on our website, you also have the opportunity to log in or register on our website using your Facebook user data. Only if you give your express consent pursuant to Art. 6 para. 1 lit. a GDPR before the login process, based on a corresponding notice about the exchange of data with Facebook, we will receive, depending on your personally selected privacy settings on Facebook, the general and publicly accessible information stored in your profile. This information includes the user ID, name, profile picture, age, and gender.

We would like to point out that, due to changes in Facebook's privacy policy and terms of use, your consent may also result in the transfer of your profile pictures, the user IDs of your friends, and your friends list if they have been marked as "public" in your privacy settings on Facebook. The data transmitted by Facebook will be stored and processed by us to create a user account with the necessary data, if you have released them for this purpose on Facebook (salutation, first name, last name, address data, country, email address, date of birth). Conversely, based on your consent, data (e.g., information about your browsing or purchasing behavior) may be transferred from us to your Facebook profile.

The consent given can be revoked at any time by sending a message to the data controller mentioned at the beginning of this statement.

Facebook Inc., based in the USA, is certified under the EU-US Privacy Shield agreement, which ensures compliance with the level of data protection applicable in the EU.

For the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your related rights and privacy settings options, please refer to Facebook's privacy policy: [Facebook Privacy Policy](http://www.facebook.com/policy.php)

If you do not want Facebook to directly associate the data collected through our website with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of Facebook plugins with add-ons for your browser, such as "Adblock Plus" (https://adblockplus.org/de/).

 

7) Use of Your Data for Direct Marketing
Subscription to Our Email Newsletter

When you subscribe to our email newsletter, we regularly send you information about our offers. The only mandatory information for sending the newsletter is your email address. Providing additional optional data is voluntary and is used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure. This means that we will only send you an email newsletter after you have expressly confirmed that you consent to receive newsletters. We will then send you a confirmation email asking you to confirm that you wish to receive newsletters in the future by clicking on a corresponding link.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 para. 1 lit. a GDPR. When you sign up for the newsletter, we store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration to track possible misuse of your email address at a later time. The data collected by us during the newsletter registration process is used exclusively for the purpose of advertising in the form of newsletters. You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a corresponding message to the responsible party mentioned at the beginning. After unsubscribing, your email address will be promptly deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to further use of data, which is permitted by law and about which we inform you in this statement.

8) Data Processing for Order Processing

8.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, to the extent necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution as part of the payment processing, if this is necessary for the payment processing. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b GDPR.

8.2 To fulfill our contractual obligations to our customers, we cooperate with external shipping partners. We only pass on your name and delivery address to a shipping partner selected by us for the purpose of delivering goods in accordance with Art. 6 para. 1 lit. b GDPR.

8.3 Use of Payment Service Providers (Payment Processors)

- Amazon Pay
When selecting the payment method "Amazon Pay," payment processing is carried out via the payment service provider Amazon Payments Europe S.C.A., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as "Amazon Payments"), to whom we pass on the information provided during the order process, along with information about your order in accordance with Art. 6 para. 1 lit. b GDPR. Your data is only passed on to the payment service provider Amazon Payments for the purpose of payment processing and only to the extent necessary for this purpose. For further information about the data protection provisions of Amazon Payments, please visit the following website: [Amazon Payments Privacy Policy](https://pay.amazon.com/de/help/201751600)

- PayPal
When paying via PayPal, credit card via PayPal, direct debit via PayPal, or – if offered – "purchase on account" or "installment payment" via PayPal, we pass on your payment data as part of the payment processing to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") in accordance with Art. 6 para. 1 lit. b GDPR, to the extent necessary for the payment processing.

For payment methods such as credit card via PayPal, direct debit via PayPal, or – if offered – "purchase on account" or "installment payment" via PayPal, PayPal reserves the right to conduct a credit check. For this purpose, your payment data may be transmitted to credit agencies in accordance with Art. 6 para. 1 lit. f GDPR based on PayPal's legitimate interest in determining your ability to pay. The result of the credit assessment regarding the statistical probability of default in payment is used by PayPal for the purpose of deciding on the provision of the respective payment method. The credit check may include probability values (so-called score values). If score values are included in the result of the credit assessment, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of score values includes, among other things, address data. For further information on data protection, including the credit agencies used, please refer to PayPal's privacy policy: [PayPal 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 the contractual payment processing.

- SOFORT
When selecting the payment method "SOFORT," payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"), to whom we pass on the information provided during the order process, along with information about your order in accordance with Art. 6 para. 1 lit. b GDPR. SOFORT GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). Your data is only passed on to the payment service provider SOFORT for the purpose of payment processing and only to the extent necessary for this purpose. For further information about the data protection provisions of SOFORT, please visit the following website: [SOFORT Privacy Policy](https://www.klarna.com/sofort/datenschutz)

- Stripe
If you choose a payment method provided by the payment service provider Stripe, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland, to whom we pass on the information provided during the order process, along with information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency, and transaction number) in accordance with Art. 6 para. 1 lit. b GDPR. Your data is only passed on to the payment service provider Stripe Payments Europe Ltd for the purpose of payment processing and only to the extent necessary for this purpose. For more information on Stripe's privacy policy, please visit the following URL: [Stripe Privacy Policy](https://stripe.com/de/terms)

To offer you Klarna's payment methods, we may pass on your personal data in the form of contact and order data to Klarna during the checkout process, so that Klarna can check whether you are eligible for Klarna's payment methods and tailor the payment methods to you. Your transmitted personal data will be processed in accordance with Klarna's privacy policy.


9) Rights of the Data Subject

9.1 The applicable data protection law grants you comprehensive rights as a data subject (information and intervention rights) vis-à-vis the data controller regarding the processing of your personal data, which we hereby inform you about:

- Right to information pursuant to Art. 15 GDPR: You have the right to obtain information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing, and your right to be informed about the guarantees pursuant to Art. 46 GDPR when your data is transferred to third countries.

- Right to rectification pursuant to Art. 16 GDPR: You have the right to immediate rectification of incorrect or incomplete personal data stored by us.

- Right to erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data stored by us, provided that the processing is not necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.

- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data, as long as the accuracy of your data contested by you is verified, if you oppose the erasure of your data due to unlawful processing and request the restriction of their use instead, if you need your data for the establishment, exercise, or defense of legal claims, after we no longer need this data after achieving the purpose, or if you have objected to processing pursuant to Art. 21 GDPR pending the verification whether our legitimate grounds override yours.

- Right to information pursuant to Art. 19 GDPR: If you have asserted your right to rectification, erasure, or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.

- Right to data portability pursuant to Art. 20 GDPR: You have 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 its transmission to another controller, insofar as this is technically feasible.

- Right to revoke consent given pursuant to Art. 7 para. 3 GDPR: You have the right to revoke consent to the processing of your data at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent until the revocation.

- Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, without prejudice to any other administrative or judicial remedy.

9.2 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 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, RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE, OR DEFEND LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS 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 SUCH MARKETING. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.

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


10) Duration of Personal Data Storage

The duration of personal data storage is determined by the respective legal retention period (e.g., commercial and tax retention periods). After the expiry of the retention period, the corresponding data will be routinely deleted unless they are no longer required for the fulfillment of a contract or the initiation of a contract, and/or we no longer have a legitimate interest in their continued storage.