Data protection

privacy policy
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1) Information about the collection of personal data and contact details of the controller
1.1 We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to identify you personally.
1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Moments Of Fame, Patrick Wagner, Johann-Henk-Str. 31, 53343 Wachtberg, Germany, Tel.: 017662136336, E-Mail: support@momentsoffame.com. Der The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on 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 (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

2) Data collection when visiting our website
If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, 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 of access
- Amount of data sent in bytes
- Source/reference from which you came to 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 Paragraph 1 Letter f of GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used for any other purpose. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

3) Hosting & Content Delivery Network
Hosting by Shopify
We use the shop 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 shop on the basis of processing on our behalf. All data collected on our website is processed on Shopify's servers. As part of the aforementioned services from Shopify, 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 our behalf. In the event that data is transmitted to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by the European Commission's adequacy decision. Further information on Shopify's data protection can be found on the following website: https://www.shopify.de/legal/datenschutz
Further processing on Shopify servers other than those mentioned above will only take place within the scope 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 device.Some of these cookies are automatically deleted when you close your browser (so-called "session cookies"), while others remain on your device for longer and allow you to save page settings (so-called "persistent cookies"). In the latter case, you can find out how long the cookies are stored in the overview of your web browser's cookie settings.
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 GDPR either for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of consent granted 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 page visit.
You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contact
When you contact us (e.g. via contact form or email), personal data is processed - exclusively for the purpose of processing and answering your request and only to the extent necessary for this purpose. The legal basis for processing this data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention periods to the contrary.

6) Data processing when opening a customer account
In accordance with Art. 6 Paragraph 1 Letter b of GDPR, personal data will continue to be collected and processed to the extent required if you provide it to us when opening a customer account. You can find out which data is required to open an account in the input mask of the corresponding form on our website. You can delete your customer account at any time and can do so by sending a message to the above-mentioned address of the person responsible. After your customer account has been deleted, your data will be deleted provided that all contracts concluded through it have been fully processed, there are no statutory retention periods to the contrary and we have no legitimate interest in continuing to store the data.

7) Use of customer data for direct marketing
If you cancel your purchase with us before completing the order, you have the option of being reminded once by email of the contents of your virtual shopping cart.
The only mandatory information required to send this reminder is your email address. Providing additional information is voluntary and may be used to address you personally. We use the so-called double opt-in procedure to send emails, which ensures that you only receive a notification once you have expressly confirmed your consent to this by clicking on a verification link sent to the email address provided.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Paragraph 1 Letter a of GDPR to send you a shopping cart reminder.We store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for our email notification service is used strictly for the intended purpose. You can unsubscribe from the shopping cart reminders at any time by sending a message to the person responsible named above. After unsubscribing, your email address will be immediately deleted from our mailing list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we inform you in this declaration.

8) Data processing for order processing
8.1 To the extent necessary for the execution 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 Paragraph 1 Letter b of GDPR.
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 details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable communication channels (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Paragraph 1 Letter c GDPR. Your contact details will be used strictly for the purpose of notifying you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
To process your order, we also work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
8.2 Use of special service providers for order processing and handling
- Gelato
Order processing takes place via the “Gelato” service of Gelato Sweden AB, c/o Epicenter, Mäster Samuelsgatan 36, 111 57 Stockholm, Sweden (“Gelato”). Name, address and any other personal data will be passed on to Gelato in accordance with Art. 6 Paragraph 1 Letter b of GDPR solely for the purpose of processing the online order. Your data will only be passed on if this is actually necessary for processing the order. We have concluded a data processing agreement with Gelato, which obliges Gelato to protect our customers’ data and not to pass it on to third parties.
For details on Gelato’s privacy policy, please visit https://gelato.com/en-US/legal/privacy/
8.3 Use of payment service providers (payment services)
- Apple Pay
If you choose the payment method “Apple Pay” from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment will be processed via the “Apple Pay” function of your iOS, watchOS or macOS device by charging a payment card stored with “Apple Pay”. Apple Pay uses security functions that are integrated into the hardware and software of your device to protect your transactions. To authorize a payment, you must enter a code previously specified by you and verify it using the “Face ID” or “Touch ID” function of your device.
For the purpose of payment processing, the information you provided during the ordering process, along with information about your order, will be passed on to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to process the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm the payment was successful.
If personal data is processed during the transmissions described, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR.
Apple stores anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was completed successfully. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on iPhone or Apple Watch to complete a purchase you made through Safari on Mac, the Mac and the authorization device communicate over an encrypted channel on Apple servers. Apple does not process or store any of this information in a format that can identify you. You can turn off the ability to use Apple Pay on your Mac in your iPhone's settings. Go to Wallet & Apple Pay and turn off Allow Payments on Mac.
Further information on data protection at Apple Pay can be found at the following internet address: https://support.apple.com/de-de/HT203027
- Google Pay
If you choose the payment method “Google Pay” from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), the payment will be processed via the "Google Pay" application on your mobile device running at least Android 4.4 ("KitKat") and having an NFC function by charging a payment card stored with Google Pay or a payment system verified there (e.g. PayPal). To authorize a payment via Google Pay of more than €25, your mobile device must first be unlocked using the verification measure set up in each case (e.g. facial recognition, password, fingerprint or pattern).
For the purpose of payment processing, the information you provided during the ordering process, along with information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay to the source website in the form of a unique transaction number, which is used to verify that the payment has been made. This transaction number does not contain any information about the actual payment data of your payment method stored with Google Pay, but is created and transmitted as a one-time numerical token. For all transactions via Google Pay, Google acts only as an intermediary to process the payment process. The transaction is carried out exclusively in the relationship between the user and the source website by charging the payment method stored with Google Pay.
If personal data is processed during the transmissions described, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) (b) GDPR.
Google reserves the right to collect, store and evaluate certain transaction-specific information for each transaction made through Google Pay. This includes the date, time and amount of the transaction, the merchant location and description, a description of the goods or services purchased provided by the merchant, photos that you have attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction.
According to Google, this processing is carried out exclusively in accordance with Art. 6 (1) (f) GDPR on the basis of the legitimate interest in proper accounting, the verification of transaction data and the optimization and maintenance of the functionality of the Google Pay service.
Google also reserves the right to merge the processed transaction data with other information that is collected and stored by Google when using other Google services.
The Google Pay terms of use can be found here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de
Further information on data protection at Google Pay can be found at the following internet address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de
- Klarna
If you select a Klarna payment service, payment processing will be carried out via Klarna Bank AB (publ), https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). In order to enable the processing of the payment, your personal data (first and last name, street, house number, postcode, city, gender, email address, telephone number and IP address, possibly also the date of birth and your bank details) as well as data related to the order (e.g. invoice amount, article, delivery method) will be passed on to Klarna for the purpose of identity and credit checks, provided that you have expressly consented to this in accordance with Art. 6 Para. 1 lit. a GDPR as part of the ordering process. You can see which credit agencies your data can be forwarded to here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies
The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data. Klarna uses the information received about the statistical probability of a payment default to make a balanced decision about the establishment, implementation or termination of the contractual relationship.
You can revoke your consent at any time by sending a message to the person responsible for data processing or to Klarna. However, Klarna may still be entitled to process your personal data if this is necessary for the contractual payment processing.
Your personal data will be processed in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for data subjects based in Germany https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy
or for those affected based in Austria https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy
treated.
- 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 to PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The data is passed on in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for the payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Paragraph 1 Letter f of GDPR on the basis of PayPal's legitimate interest in determining your ability to pay. PayPal uses the result of the credit check in relation to the statistical probability of default for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values ​​(so-called score values). Insofar as score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data. For further information on data protection, including on the credit agencies used, please refer to PayPal's 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.
- Paypal Checkout
This website uses PayPal Checkout, an online payment system from PayPal that consists of PayPal's own payment methods and local payment methods from third parties.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "Pay later" via PayPal, we pass on your payment data to PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The data is passed on in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for the payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "Pay later" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Paragraph 1 Letter f of GDPR on the basis of PayPal's legitimate interest in determining your ability to pay. PayPal uses the result of the credit check in relation to the statistical probability of default for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data. 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.
If you select the PayPal payment method "purchase on account", your payment data will first be sent to PayPal to prepare the payment, after which PayPal will forward it to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay") to process the payment. The legal basis in each case is Art. 6 Paragraph 1 Letter b of GDPR. In this case, RatePay carries out an identity and credit check in its own name to determine your ability to pay in accordance with the principle already mentioned above and passes on your payment data due to the legitimate interest in determining your ability to pay in accordance with Art. 6 Paragraph 1 Letter b of GDPR.f GDPR to credit agencies. A list of the credit agencies that Ratepay can use can be found here: https://www.ratepay.com/legal-payment-creditagencies/
If you use the payment method of a local third-party provider, your payment data will initially be passed on to PayPal in accordance with Art. 6 (1) (b) GDPR to prepare the payment. Depending on your selection of an available local payment method, PayPal will then transmit your payment data to the relevant provider in accordance with Art. 6 (1) (b) GDPR to carry out the payment:
- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
- iDeal (Currence Holding BV, Beethovenstraat 300 Amsterdam, Netherlands)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main
- bancontact (Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium)
- blik (Polski Standard Płatności sp. z oo, ul. Czerniakowska 87A, 00-718 Warsaw, Poland)
- eps (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2
1200 Vienna, Austria)
- MyBank (PRETA SAS, 40 Rue de Courcelles, F-75008 Paris, France)
- Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)
For further information on data protection, please refer to PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
- 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 by the payment service provider Shopify Payments, the payment will be processed by the technical service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will pass on the information you provided during the ordering 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 (1) (b) GDPR. Your data will be passed on exclusively for the purpose of payment processing with Stripe Payments Europe Ltd. and only to the extent that it is necessary for this purpose. You can find more information about Shopify Payments' data protection at the following internet address: https://www.shopify.com/legal/privacy.
Data protection information about Stripe Payments Europe Ltd. can be found here: https://stripe.com/de/privacy

9) Rights of the data subject
9.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising these rights:
- Right to information according to Art. 15 GDPR;
- Right to rectification in accordance with Art. 16 GDPR;
- Right to erasure pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to information in accordance with Art. 19 GDPR;
- Right to data portability according to Art. 20 GDPR;
- Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
- Right to complain according to Art. 77 GDPR.
9.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED.HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR 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 storage of personal data
The duration for which personal data is stored is determined based on the respective legal basis, the purpose of processing and – if applicable – also on the respective statutory retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of an explicit consent in accordance with Art. 6 (1) (a) GDPR, these data will be stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh 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 Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (2) GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

10.) We value your privacy and the information you agree to share with respect to our text messaging marketing service. We use this information to send you text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews from us. Text messaging opt-in data and consents are not shared with third parties other than messaging partners to enable and operate our text messaging program.



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Your rights under the California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.

How to opt out

By clicking on the link below, we will no longer collect or sell your personal information. This applies to both third-parties and the data we collect to help personalize your experience on our website or through other communications. For more information, view our privacy policy.