Privacy policy

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.


Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.

Contact

Responsible person
Contact us at any time. The person responsible for data processing is: 
Bjoern Lewandowsky, Harzstraße 11, 38312 Dorstadt Deutschland, 05337/925074, info@thebuttonmaker.de


Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 
Collection and processing when using the contact form 
When you use the contact form we will only collect your personal data (name, email address, message text) in the scope provided by you. The data processing is for the purpose of making contact.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
 
Collection and processing when sending images via upload
We provide an upload function for image files on our website. It is thus possible to send images to us by means of encrypted data transmission. With the transmission of your images, we may collect your personal data (image of an identifiable person) only to the extent provided by you. The purpose of data processing is to create personalized products. The sent image serves as a template for the product and is used for this purpose (e.g., T-shirt print). The processing is carried out on the basis of Art. 6 para. 1(b)  GDPR and is required for the performance of a contract with you. Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be deleted subject to legal retention periods,  provided that you have not consented to further processing and use.


Collection and processing when images are sent by e-mail
You have the option to send us images via e-mail in connection with the order of a personalized product.
With the transmission of your images, we may collect your personal data (image of an identifiable person) only to the extent provided by you. The purpose of data processing is to create personalized products. The sent image serves as a template for the product and is used for this purpose (e.g. T-shirt print). The processing is carried out on the basis of Art. 6 para. 1(b)  GDPR and is required for the completion of a contract with you.
Your data will not be transferred.
We only use the image you send within the scope of service provision. Your data will then be deleted subject to legal retention periods,  provided that you have not consented to further processing and use.

 
WhatsApp Business
If you communicate with us via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited for this (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you have your residence outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The purpose of the data processing is to handle and respond to your contact request. For this purpose we collect and process your mobile phone number registered with WhatsApp and, if provided, your name and additional data to the extent provided by you. We use a mobile device for the service, the address book of which stores exclusively the data of users who have contacted us via WhatsApp. Disclosure of personal data to WhatsApp shall not take place unless you have already consented to this with respect to WhatsApp.
Your data are transmitted by WhatsApp to servers of Meta Platforms Inc. in the USA. 
Your data may be transferred to third countries such as the USA. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Meta Platforms Inc. has certified itself in accordance with the TADPF and has thus undertaken to comply with European data protection principles.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in providing quick and easy communication as well as responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your personal data to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
For more information on terms of service and privacy when using WhatsApp, please visit https://www.whatsapp.com/legal/#terms-of-service and https://www.whatsapp.com/legal/#privacy-policy.
 

Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data will be shared, for example, with shipping companies, dropshipping or fulfillment providers, payment service providers, service providers for order processing, and IT service providers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.





Payment service providers      

Use of PayPal
On our website we use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, the data required for processing the payment will be transmitted to PayPal in order to enable us to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.

All PayPal transactions are subject to PayPal Privacy Policy. You can find these at https://www.paypal.com/de/webapps/mpp/ua/privacy-full


Use of PayPal Express
Our website uses the payment service PayPal Express from PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal").
The processing of data enables us to offer you the option of paying via the PayPal Express payment service.
To integrate this payment service it is essential that PayPal collects, stores, and analyses data when you access the website (e.g. IP address, device type, operating system, browser type, device location). Cookies may be used for this purpose. Cookies allow your internet browser to be recognised. 
The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR out of our overriding legitimate interest in a customer-oriented offer of different payment methods. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
By selecting and using "PayPal Express", the data required for payment processing will be submitted to PayPal to execute the agreement with you using the selected payment method. The data is processed on the basis of Article 6(1)(b) GDPR.
Further information on data processing when using the Paypal Express payment service can be found here in the associated data privacy policy.
 
Use of Shopify Payments
We use the payment service "Shopify Payments" from Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website. In this case, payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The purpose of data processing is to enable us to offer you payment via the Shopify Payments payment service. When you select and use a corresponding "Shopify Payments" payment method, the data required for payment processing is transmitted to Stripe in order to fulfil the contract with you using the selected payment method. This processing is carried out on the basis of Art. 6 (1) lit. b GDPR.
Stripe reserves the right to obtain credit information based on mathematical-statistical methods using credit agencies. To this end, Stripe transmits the personal data required for a credit check to a credit agency and uses the information obtained about the statistical probability of a payment default to make a balanced decision about the establishment, execution or termination of the contractual relationship. The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognised mathematical-statistical methods and which include address data, among other things, in their calculation. Your interests worthy of protection will be taken into account in accordance with the statutory provisions. The purpose of data processing is to check creditworthiness for the initiation of a contract. Processing is carried out on the basis of Art. 6 (1) lit. f GDPR due to our overriding legitimate interest in protection against payment default when Stripe makes advance payments.
You have the right to object at any time to the processing of your personal data based on Art. 6 (1) (f) GDPR for reasons arising from your particular situation by notifying Stripe. The provision of data is necessary for the conclusion of the contract with your desired payment method. Failure to provide data will result in the contract not being concluded with your chosen payment method.
For more information on data processing when using the Shopify Payments payment service, please refer to Shopify's privacy policy at: 
https://www.shopify.com/de/legal/datenschutz.
For more information on data processing when processing payments via the payment service provider Stripe, please refer to Stripe's privacy policy at: https://stripe.com/de/privacy.


Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.


Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-lB6schen-63947406-40ac-c3b8-57b9-2a946a29ae09
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TDDDG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.

Use of the Shopify Consent Tool (Shopify Privacy & Compliance)
We use the "Shopify Privacy & Compliance" consent tool from Shopify International Ltd (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website. Shopify is a company affiliated with Shopify Inc (151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The tool enables you to give your consent to data processing via the website, in particular the setting of cookies, and to make use of your right to withdraw consent you have already given. The purpose of data processing is to obtain and document the necessary consent for data processing and thus to comply with legal obligations. Cookies may be used for this purpose. User information, including your IP address, is collected and transmitted to Shopify.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision by the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified according to the TADPF.
This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
The data processing is carried out to fulfil a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR.
You can find more information on data protection at Shopify at https://www.shopify.com/ca/legal/privacy.



Analysis       Communication      AI tools      


Use of Shopify Analytics
We use the statistical and analytical functions of Shopify International Ltd. (Victoria Buildings, 
2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website as part of an order processing. Shopify is an affiliated company of Shopify Inc. (151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The processing of data serves to analyse this website and its visitors. For this purpose, data is stored for marketing and optimisation purposes and provided in reports, analyses and statistics. In the process, the following device information is collected and processed, among others: Web browser information, IP address, time zone and some of the cookies installed on your device. When you navigate the website, information is also collected on websites or products accessed, the referrer URL (website from which you accessed our website), and information on how you interact with the website. This is done using technologies such as cookies and web beacons, tags and pixels (electronic files that collect information about how you navigate the website).

Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 Para. 1 Sentence 1 TDDDG in conjunction with Art. 6 Para. 1 Letter a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more detailed information on data protection at Shopify at https://www.shopify.com/de/legal/datenschutz, information on the order processing agreement at https://www.shopify.com/de/legal/dpa and information on the cookies used at https://www.shopify.com/de/legal/cookies.


Use of Shopify Inbox
We use the live chat system and Shopify Inbox 
of Shopify International Ltd. (Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; "Shopify") on our website as part of an order processing. Shopify is an affiliated company of Shopify Inc. (151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada).
The data processing serves the purpose of direct and efficient communication between you and us as a provider. Data is stored and processed for the operation of the system and for the purpose of optimising the service.
In order to operate the live chat system, cookies may be used to enable browser recognition. This may involve the following information being recorded and processed: IP address and personal data provided by you when using the chat system.
Your data may be transferred to third countries outside the EU, in particular to Canada and the USA, and processed there. The EU Commission has issued an adequacy decision for Canada. For the USA, there is an adequacy decision of the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). Shopify is not certified under the TADPF. This data transfer takes place on the basis of contractual obligations that are comparable to those of the EU Commission's standard contractual clauses.
The use of cookies or comparable technologies is carried out with your consent on the basis of Section 25 para. 1 sentence 1 TDDDG in conjunction with Art. 6 para. 1 lit a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.
You can find more information about data protection at Shopify at https://www.shopify.com/de/legal/datenschutz and https://www.shopify.com/de/legal/dpa.


Use of Shopify Network Intelligence
In our online shop, we use the security and analysis function Shopify Network Intelligence from Shopify Inc., Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Shopify Network Intelligence is an automated system based on artificial intelligence. This system is used for network security, fraud detection and shop performance optimisation.
Shopify Network Intelligence monitors network access and user behaviour in order to detect and prevent fraudulent activities (e.g. credit card misuse, bot attacks) at an early stage. Data is also used for technical stability and performance analysis.
In accordance with Art. 52 of the AI Regulation, we would like to point out that you are interacting with an AI system. The responses generated by Shopify Network Intelligence may contain errors or be incomplete. Please review the content critically and do not rely solely on the chatbot's responses for legally binding matters. 
Shopify Network Intelligence helps us ensure IT security and fraud prevention, the availability of the online shop, and the analysis and optimisation of shop performance.
Cookies are used for this purpose. Cookies enable the recognition of the internet browser. Your data may be transferred to Canada. For Canada, there is an adequacy decision by the EU Commission that covers data processing by companies subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). Shopify, headquartered in Canada, is subject to PIPEDA and is obliged to comply with the data protection principles under PIPEDA.
The use of cookies or similar technologies is based on your consent in accordance with Section 25 (1) sentence 1 TTDSG in conjunction with Article 6 (1) lit. a GDPR. The processing of your personal data is based on your consent in accordance with Article 6 (1) lit. a GDPR. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of your consent until revocation.
Further information on data processing can be found in Shopify's privacy policy at https://www.shopify.com/de/legal/datenschutz.  
 

Plug-ins

Use of hCaptcha
We use the hCaptcha service of Intuition Machines Inc. (1065 SW 8th St #704, Miami, FL 33130, USA; ‘hCaptcha’) on our website as part of order processing.
HCaptcha serves to protect our website from spam and misuse by automated access (bots). By implementing hCaptcha, we ensure that certain actions on our website are only carried out by real people, which guarantees the security and integrity of our online services.
When hCaptcha is used, the following data may be collected and processed IP address of the user, information about the end device used (e.g. browser and operating system), mouse movements and interactions on the website, time spent on the website, input behaviour of the user. Your data may be transferred to the USA. An adequacy decision of the EU Commission is in place for the USA, the Trans-Atlantic Data Privacy Framework (TADPF). HCaptcha has certified itself in accordance with the TADPF and is therefore committed to complying with European data protection principles.
The use of cookies or comparable technologies takes place with your consent on the basis of § 25 para. 1 sentence 1 TDDDG i.V.m. Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
You can find more information on data processing and data protection at hCaptcha at https://www.hcaptcha.com/gdpr.



Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.