Data protection

Privacy Policy

The data controller is:
Frank Merle
Farrenpointstr 3 D
Kolbermoor

Email: info@merlemagic.com

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

1. Access Data and Hosting

You can visit our websites without providing any personal information. Each time a website is accessed, the web server automatically saves a server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred, and the requesting provider (access data) and documents the access. This access data is exclusively evaluated for the purpose of ensuring the trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in a correct presentation of our services, which are predominant within the scope of a balancing of interests, in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR. All access data will be deleted no later than 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 forms provided on this website are processed on their servers. For questions about our service providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.

Our service providers are located and/or use servers in the following countries for which the European Commission has determined an adequate level of data protection by decision: USA

The adequacy decision for the USA applies as the basis for the third-country transfer, insofar as the respective service provider is certified. Certification is available.

2. Data Processing for Contract Fulfillment and Contacting

2.1 Data Processing for Contract Fulfillment

We collect personal data if you voluntarily provide it to us as part of your order or when contacting us (e.g. via contact form or email). Mandatory fields are marked as such, as in these cases we absolutely need the data for contract fulfillment or to process your contact request and you cannot complete the order or send the contact request without providing them. Which data is collected is evident from the respective input forms.
We use the data you provide for contract fulfillment and processing your inquiries (including inquiries about and handling of any existing warranty and performance disruption claims as well as any legal update obligations) in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR. 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, your data will be restricted for further processing and deleted after the expiry of any tax and commercial law retention periods in accordance with Art. 6 Para. 1 S. 1 lit. c GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this declaration.

2.2 Contacting Us

Within the scope of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR, if you voluntarily provide it to us when contacting us (e.g. via contact form, live chat tool or email). Mandatory fields are marked as such, as in these cases we absolutely need the data to process your contact request. Which data is collected is evident from the respective input forms. After your inquiry has been fully processed, your data will be deleted, unless you have expressly consented to further use of your data in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this declaration.

3. Data Processing for Shipping Purposes

For contract fulfillment in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR, 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. For questions about our service providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.

The same applies to the transfer of data to our manufacturers or wholesalers in cases where they handle shipping for us (drop shipping). These are considered shipping service providers within the meaning of this privacy policy.

Data Transfer to Shipping Service Providers for Shipping Notification Purposes

If you have given us your express consent to this during or after your order, we will pass on your email address to the selected shipping service provider in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR, so that they can contact you before delivery for the purpose of delivery notification or coordination.
Consent can be revoked at any time by sending a message to the contact option described in this privacy policy 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 further data use that is legally permitted and about which we inform you in this declaration. For questions about our service providers and the basis of our cooperation with them, please contact the contact option described in this privacy policy.

DHL Paket GmbH
Sträßchensweg 10
53113 Bonn
Germany

4. Data Processing for Payment Processing

When processing payments in our online shop, we work with the following 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 act 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 to fulfill the contract in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO. In some cases, the payment service providers collect the data required for payment processing themselves, e.g. on their own website or via technical integration in the ordering process. In this respect, the data protection declaration of the respective payment service provider applies.
For questions about our partners for payment processing and the basis of our cooperation with them, please contact the contact option described in this data protection declaration.

4.2 Data Processing for the Purpose of Fraud Prevention and Optimization of our Payment Processes

If necessary, we provide our service providers with additional data, which they use together with the data necessary for payment processing as our processors for the purpose of fraud prevention and optimizing our payment processes (e.g. invoicing, processing of disputed payments, accounting support). This serves to protect our legitimate interests in safeguarding ourselves against fraud and in efficient payment management, which are predominant within the scope of a balancing of interests, in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.

4.3 Identity and Credit Check when Selecting Klarna Payment Services

Purchase on account via Klarna
If you choose the payment services of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter Klarna), we ask for your consent in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR, that we may transmit the data necessary for payment processing and an identity and credit check to Klarna. In Germany, the credit agencies mentioned in Klarna's privacy policy may be used for the identity and credit check. Klarna uses the information received about the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. You can revoke your consent at any time by sending a message to the contact option mentioned in this privacy policy. This may result in us no longer being able to offer you certain payment options. You can also revoke your consent to this use of personal data at any time vis-à-vis Klarna.

4.4 Identity and Credit Check when selecting purchase on account via PayPal and Ratepay

If you choose the payment method "purchase on account" (offered via Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter Ratepay) and PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter PayPal)), we ask for your consent in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR that we may transmit the data necessary for payment processing and an identity and credit check to Ratepay. In Germany, the credit agencies mentioned in the Ratepay privacy policy may be used for the identity and credit check. Ratepay uses the information received about the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. You can revoke your consent at any time by sending a message to the contact option mentioned in this privacy policy. This may result in us no longer being able to offer you certain payment options. Additional information on data protection at PayPal can be found here.

5. Email Advertising

5.1 Email Newsletter with Registration

If you subscribe to our newsletter, we use the data required for this or separately provided by you to regularly send you our email newsletter based on your consent in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR. You can unsubscribe from the newsletter at any time either by sending a message to the contact option described below or via a dedicated link in the newsletter. After unsubscribing, we will delete your email address from the recipient list, unless you have expressly consented to further use of your data in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this declaration.

5.2 Sending Review Requests via Email

If you have given us your express consent to this during or after your order, in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR, we will use your email address to request a review of your order via the review system we use. This consent can be revoked at any time by sending a message to the contact option described in this privacy policy or via a dedicated link in the review request. After revocation of your consent, we will delete your email address from the recipient list, unless you have expressly consented to further use of your data in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this declaration.

Review requests may also be sent by our service provider Trusted Shops SE Subbelrather Str. 15C, 50823 Cologne ("Trusted Shops").

In the context of sending review requests, we receive information on the respective status from Trusted Shops (e.g. whether the review request was sent and whether it was received). This takes place in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR to fulfill our legitimate interest in receiving information about the review invitations in order to make optimizations based on this, and to fulfill Trusted Shops' legitimate interest in being able to offer this service.

We are jointly responsible with Trusted Shops for sending review requests and for collecting and displaying review and status information.

Within the scope of the joint responsibility between us and Trusted Shops, please contact Trusted Shops primarily for data protection questions and to assert your rights. You can find their contact options here . Further information on data protection can be found at the following link here . Regardless, you can always contact us using the contact option described in this privacy policy. Your request will then, if necessary, be forwarded to the other controller for a response.

6. Cookies and Other Technologies

General Information

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 end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser on your next visit (persistent cookies).

Protection of Privacy on End Devices
When using our online service, we use absolutely necessary technologies to be able to provide the expressly requested telemedia service. The storage of information on your end device or access to information already stored on your end device does not require consent in this respect.

For functions that are not absolutely necessary, the storage of information on your end device or access to information already stored on your end device requires your consent. We point out that if consent is not given, parts of the website may not be fully usable. Any consents you have given remain valid until you adjust or reset the respective settings on your end device.

Any Subsequent Data Processing by Cookies and Other Technologies

We use technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). Through these technologies, IP address, time of visit, device and browser information, and information about your use of our website (e.g. information about the content of the shopping cart) are collected and processed. This serves our overriding legitimate interests in an optimized presentation of our offer within the framework of a balancing of interests, in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR.

In addition, we use technologies to fulfill 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 data processing, can be found in the following sections of this privacy policy.

Cookie Settings

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

If you have consented to the use of technologies according to Art. 6 Para. 1 S. 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the privacy policy.

7. Use of Cookies and other Technologies

We use the following cookies and other third-party technologies on our website. Unless otherwise stated for individual technologies, this is done based on your consent according to Art. 6 Para. 1 S. 1 lit. a GDPR. After the purpose has ceased and the use of the respective technology by us has ended, 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 "Cookies and other technologies" section. Further information, including the basis of our cooperation with the individual providers, can be found under the individual technologies. For questions about the providers and the basis of our cooperation with them, please contact us using 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") described below. The information about your use of our website automatically collected by Google technologies is usually transferred to a Google LLC server, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, and stored there. Unless otherwise specified for individual technologies, data processing is carried out based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR concluded for the respective technology. Further information on data processing by Google can be found in Google's Privacy Policy.

Our service providers are located and/or use servers in countries outside the EU and EEA for which the European Commission has determined an adequate level of data protection by decision.

Our service providers are located and/or use servers in countries outside the EU and EEA. There is no adequacy decision from the European Commission for these countries. Our cooperation with them is based on standard data protection clauses of the European Commission. 

7.2 Use of Facebook Services

Use of Facebook Pixel

We use the Facebook Pixel within the framework of the technologies of Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland ("Facebook (by Meta)" or "Meta Platforms Ireland") described below. With the Facebook Pixel, data (IP address, time of visit, device and browser information, as well as information about your use of our website based on events specified by us, such as visiting a website or subscribing to a newsletter) is automatically collected and stored, from which usage profiles are created using pseudonyms. For this purpose, when you visit our website, the Facebook Pixel automatically sets a cookie that automatically enables your browser to be recognized when visiting other websites using a pseudonymous cookie ID. Facebook (by Meta) will combine this information with other data from your Facebook account and use it to compile reports on website activities and to provide other services related to website usage, in particular personalized and group-based advertising.
The information about your use of our website automatically collected by Facebook (by Meta) technologies is usually transferred to a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. Further information about data processing by Facebook can be found in the Facebook (by Meta) Privacy Policy.

Our service providers are located and/or use servers in the following countries for which the European Commission has determined an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA applies as the basis for third-country transfers, provided that the respective service provider is certified. Certification is available.

Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico. There is no adequacy decision from the European Commission for these countries. Our cooperation with them is based on these guarantees: Standard contractual clauses of the European Commission.

8. Integration of the Trusted Shops Trustbadge/ other Widgets

If you have given your consent according to Art. 6 Para. 1 S. 1 lit. a GDPR, Trusted Shops widgets are integrated on this website to display Trusted Shops services (e.g., trustmark, collected reviews) and to offer Trusted Shops products to buyers after an order.

The Trustbadge and the services advertised with it are an offer from Trusted Shops SE, Subbelrather Str. 15C, 50823 Cologne ("Trusted Shops"), with whom we are jointly responsible for data protection according to Art. 26 GDPR. In the following, we will inform you about the essential contractual contents according to Art. 26 Para. 2 GDPR within the framework of this privacy policy.

Within the framework of the joint responsibility existing between us and Trusted Shops SE, please contact Trusted Shops preferably for data protection questions and to assert your rights using the contact options provided in the data protection information. Regardless of this, you can always contact the responsible party of your choice. Your request will then be forwarded to the other responsible party for answering, if necessary.

8.1 Data Processing when Integrating the Trustbadge/ other Widgets

The Trustbadge is provided by a US-American CDN provider (Content Delivery Network). An adequate level of data protection is ensured by an adequacy decision of the EU Commission, which can be found here for the USA. Service providers used from the USA are generally certified under the EU-U.S. Data Privacy Framework (DPF). Further information can be found here. If service providers used are not certified under the DPF, standard contractual clauses have been concluded as appropriate safeguards.

When the Trustbadge is called up, the web server automatically stores a so-called server log file, which also contains your IP address, date and time of retrieval, amount of data transferred, and the requesting provider (access data) and documents the retrieval. The IP address is anonymized immediately after collection so that the stored data cannot be assigned to your person. The anonymized data is used in particular for statistical purposes and error analysis.

8.2 Data Processing after Order Completion

If you have given your consent, the Trustbadge accesses order information (order total, order number, if applicable, product purchased) stored on your end device and your email address is hashed using a cryptographic one-way function after order completion. The hash value is then transmitted to Trusted Shops together with the order information according to Art. 6 Para. 1 S. 1 lit. a GDPR.
This serves to check whether you are already registered for Trusted Shops services. If this is the case, further processing takes place according to the contractual agreement between you and Trusted Shops. If you are not yet registered for the services or do not give your consent for automatic recognition via the Trustbadge, you will then have the opportunity to manually register for the use of the services or to conclude the protection within the framework of your potentially existing user agreement.

For this purpose, after your order is completed, the Trustbadge accesses the following information stored on your end device: order total, order number, and email address. This is necessary for us to offer you buyer protection. Data is only transmitted to Trusted Shops if you actively decide to conclude buyer protection by clicking on the appropriately labeled button in the so-called Trustcard. If you decide to use the services, further processing is governed by the contractual agreement with Trusted Shops according to Art. 6 Para. 1 lit. b GDPR, in order to complete your registration for buyer protection and secure the order, and potentially to send you review invitations by email afterwards.

Trusted Shops uses service providers for hosting, monitoring, and logging. The legal basis is Art. 6 Para. 1 lit. f GDPR for the purpose of ensuring trouble-free operation. Processing may take place in third countries (USA and Israel). An adequate level of data protection is ensured by an adequacy decision of the EU Commission, which can be found here for the USA and here for Israel. Service providers used from the USA are generally certified under the EU-U.S. Data Privacy Framework (DPF). Further information can be found here. If service providers used are not certified under the DPF, standard contractual clauses have been concluded as appropriate safeguards.

9. Social Media

9.1 Social Buttons from Facebook (by Meta), Instagram (by Meta)

Social buttons from social networks are used on our website. These are only integrated into the page as HTML links, so that no connection is established with the servers of the respective provider when our website is accessed. If you click on one of the buttons, the website of the respective social network opens in a new browser window. There you can, for example, click the Like or Share button.

9.2 Our Online Presence on Facebook (by Meta), Instagram (by Meta)

If you have given your consent to the respective social media operator in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presences on the social media mentioned above. Usage profiles are created from this data using pseudonyms. These can be used, for example, to display advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. Detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your related rights and setting options for protecting your privacy, can be found in the providers' privacy policies linked below. If you still need help with this, you can contact us.

Facebook (by Meta) is an offer from Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland ("Meta Platforms Ireland"). The information about your use of our online presence on Facebook (by Meta) automatically collected by Meta Platforms Ireland is usually transferred to a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. Data processing within the framework of visiting a Facebook (by Meta) fan page takes place on the basis of an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on insights data) can be found here.

Our service providers are located and/or use servers in the following countries for which the European Commission has determined an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA applies as the basis for third-country transfers, provided that the respective service provider is certified. Certification is available.

Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico.
There is no adequacy decision from the European Commission for these countries. Our cooperation with them is based on these guarantees: Standard contractual clauses of the European Commission.

Instagram (by Meta) is a service of Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland ("Meta Platforms Ireland"). Information about your use of our online presence on Instagram, automatically collected by Meta Platforms Ireland, is generally transferred to and stored on a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA, Menlo Park, California 94025, USA. Data processing in the context of visiting an Instagram (by Meta) fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.

Our service providers are located and/or use servers in the following countries, for which the European Commission has determined an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA serves as the basis for third-country transfers, provided that the respective service provider is certified. Certification exists.

Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Brazil, Mexico.
For these countries, there is no adequacy decision by the European Commission. Our cooperation with them is based on these safeguards: Standard Contractual Clauses of the European Commission.

10. Contact options and your rights

10.1 Your rights

As a data subject, you have the following rights:

  • in accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
  • in accordance with Art. 16 GDPR, the right to obtain without undue delay the rectification of inaccurate or completion of your personal data stored by us;
  • in accordance with Art. 17 GDPR, the right to obtain the erasure of your personal data stored by us, unless further processing is
    • for exercising the right of freedom of expression and information;
    • for compliance with a legal obligation;
    • for reasons of public interest or
    • for the establishment, exercise or defence of legal claims;
  • in accordance with Art. 18 GDPR, the right to obtain restriction of the processing of your personal data if
    • the accuracy of the data is contested by you;
    • the processing is unlawful, but you oppose the erasure of the data;
    • we no longer need the data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
    • you have objected to processing pursuant to Art. 21 GDPR;
  • in accordance with Art. 20 GDPR, the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller;
  • in accordance with Art. 77 GDPR, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or of our company headquarters.

Right to object

Insofar as we process personal data as described above to protect our legitimate interests which override in a balancing of interests, you can object to this processing with effect for the future. If processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If processing is carried out for other purposes, you have a right to object only if there are reasons arising from your particular situation.

After exercising 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 for the establishment, exercise or defence of legal claims.

This does not apply if the processing is for direct marketing purposes. In that case, we will no longer process your personal data for this purpose.

10.2 Contact options

For questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of granted consents or objection to a specific data use, please contact us directly via the contact details in our imprint.