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Privacy Policy
in accordance with the GDPR
I. Name and Address of the Responsible Party
The responsible party in the sense of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:
Company registration number: 534472 p
Company name: Merle Toys GmbH
Company court: Commercial Court Vienna
VAT number: ATU75675048
Address: Marokkanergasse 7, 1030 Vienna, Austria
Website: www.www.merletoys.com
E-Mail: info@merletoys.com
Phone: +43 676 633 1090
II. General Information on Data Processing
1. Scope of Processing of Personal Data
We generally only collect and use our users’ personal data to the extent that this is necessary to provide a functional website and our content and services. The collection and use of our users’ personal data generally only occurs with the user’s consent. An exception applies in cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by law.
2. Legal Basis for the Processing of Personal Data
If we obtain consent from the data subject for processing personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for processing.
3. Data Deletion and Storage Duration
The personal data of the data subject will be deleted or blocked as soon as the purpose for which they were stored no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.
III. Provision of the Website and Creation of Log Files
1. Description and Scope of Data Processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.
The following data is collected:
- Information about the browser type and version used
- The user’s operating system
- The user’s internet service provider
- The IP address of the user
- Date and time of access
- Websites from which the user’s system reached our website
- Websites accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) (f) GDPR.
3. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. We also use the data to optimize the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR also lies in these purposes.
4. Duration of Storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. If the data is collected to provide the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the users’ IP addresses are deleted or altered so that it is no longer possible to assign the calling client.
5. Objection and Removal Options
The collection of data to provide the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no option to object.
IV. Use of Cookies
1. a) Description and Scope of Data Processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user visits a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is visited again.
We use cookies to make our website more user-friendly. Some elements of our website require that the browser that is accessing the website can be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Language settings
- Items in a shopping cart
- Log-in information
Additionally, we use cookies on our website that enable an analysis of the users’ surfing behavior.
In this way, the following data can be transmitted:
- Entered search terms
- Frequency of page views
- Use of website features
The user data collected in this way is pseudonymized using technical precautions. It is therefore no longer possible to assign the data to the user who accessed the site. The data is not stored together with other personal data of the user.
When you visit our website, an information banner will inform you about the use of cookies for analysis purposes and will refer you to this privacy policy. In this context, there will also be information on how you can prevent cookies from being saved in your browser settings.
When you visit our website, you will be informed about the use of cookies for analysis purposes and your consent will be obtained for the processing of the personal data used in this context. In this context, you will also be referred to this privacy policy.
1. b) Legal Basis for Data Processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) GDPR if the user has given their consent.
1. c) Purpose of Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after changing pages.
We require cookies for the following applications:
- Shopping cart
- Adoption of language settings
- Remembering search terms
The user data collected through technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. The analysis cookies tell us how the website is used and enable us to continually optimize our offering.
Our legitimate interest in processing personal data for these purposes also lies in accordance with Art. 6 (1) (f) GDPR.
1. d) Duration of Storage, Right to Object and Removal Option
Cookies are stored on the user’s computer and transmitted from there to our site. Therefore, as a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all of the website’s functions.
1. e) Use of Google (Universal) Analytics for Web Analysis
This website uses Google (Universal) Analytics, a web analysis service provided by Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as so-called “cookies”, text files that are stored on your computer. The information generated about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
You can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie will be stored on your device. If you delete your cookies, you will have to click the link again.
1. f) Facebook Pixel
This website uses the Facebook pixel of the social network “Facebook” (Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA). This serves the purpose of presenting interest-based advertisements to visitors to our website during their visit to the social network Facebook.
When you visit our website, a direct connection to the Facebook servers is established via the Facebook pixel. The fact that you have visited our website is transmitted to the Facebook server and Facebook assigns this information to your personal Facebook user account. We would like to point out that as the provider of the website, we have no knowledge of the content of the transmitted data or its use by Facebook.
Nähere Informationen zur Erhebung und Nutzung der Daten durch Facebook sowie über Ihre diesbezüglichen Rechte und Möglichkeiten zum Schutz Ihrer Privatsphäre finden Sie in den Datenschutzhinweisen von Facebook unter https://www.facebook.com/about/privacy/. We ourselves do not pass on any customer data to Facebook. Further information about your data protection rights and setting options for protecting your privacy can be found at: https://www.facebook.com/policy.php, https://www.facebook.com/help/186325668085084 .
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1. g) Hotjar
Our website uses Hotjar to collect information about the behavior of our users and their devices (e.g. IP address in anonymized form, device type, browser type, preferred language, etc.). Hotjar stores this information in a pseudonymized user profile. The information is not used to identify a user. You can object to the storage of the user profile and information about your visit to our website and the setting of Hotjar tracking cookies. You can find more information about this under this link and in Hotjar’s privacy policy at https://www.hotjar.com/legal/policies/privacy.
V. Newsletter
1. Description and Scope of Data Processing
On our website you have the option of subscribing to a free newsletter. When you register for the newsletter, the data from the input mask is transmitted to us.
Furthermore, the following data is collected upon registration:
- First name, Last name
- Email address
- Home address
- Phone number
Your consent is obtained for the processing of the data as part of the registration process, and reference is made to this privacy policy.
If we receive your email address in connection with the sale of a product or service and you have not objected to this, we reserve the right to regularly send you offers for similar products from our range, such as those you have already purchased, by email. You can object to this use of your email address at any time by sending a message to info@merletoys.com or via a link provided for this purpose in the advertising email, without incurring any costs for you.
In connection with data processing for sending newsletters, no data will be passed on to third parties. The data will be used exclusively for sending the newsletter.
2. Legal Basis for Data Processing
The legal basis for the processing of data after the user has registered for the newsletter is Art. 6 (1) (a) GDPR if the user has given his consent.
The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 Para. 3 UWG.
3. Purpose of Data Processing
The collection of the user’s email address serves the purpose of delivering the newsletter.
The collection of other personal data during the registration process is intended to prevent misuse of the services or the email address used.
4. Duration of Storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user’s email address will therefore be stored as long as the newsletter subscription is active.
5. Objection and Removal Options
The user concerned can cancel the newsletter subscription at any time. For this purpose, there is a corresponding link in every newsletter.
This also allows a withdrawal of the consent to the storage of personal data collected during the registration process.
VI. Registration
1. Description and Scope of Data Processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and stored. The data is not passed on to third parties. The following data is collected as part of the registration process:
- First name
- Last name
- Optional: Company name
- Country
- Residential address (address, postal code, city)
- Phone number
- Email address
- Delivery address
At the time of registration, the following data is also stored:
- First name
- Last name
- Optional: Company name
- Country
- Residential address (address, postal code, city)
- Phone number
- Email address
- Delivery address
As part of the registration process, the user’s consent to process this data is obtained.
2. Legal Basis for Data Processing
The legal basis for processing the data, given the user’s consent, is Art. 6 para. 1 lit. a GDPR.
If the registration serves to fulfill a contract to which the user is a party or to carry out pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 (1) (b) GDPR.
3. Purpose of Data Processing
User registration is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.
Your personal data is necessary to carry out sales, delivery and assembly. If the customer does not wish to subscribe to the newsletter, the data will be deleted after the legally stipulated period has expired.
4. Duration of Storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection.
This is the case during the registration process for the performance of a contract or for the implementation of pre-contractual measures if the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store the contractual partner’s personal data in order to comply with contractual or legal obligations.
5. Objection and Removal Options
As a user, you have the option to cancel your registration at any time. You can have the data stored about you changed at any time.
Simply send an email with the subject “personal data” to info@merletoys.com to send. Your data will be changed or deleted according to your wishes.
If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as there are no contractual or legal obligations that prevent deletion.
VII. Contact Form and Email Contact
1. Description and Scope of Data Processing
There is a contact form on our website that can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be sent to us and stored. This data is:
- Salutation, Title
- First name, Last name
- Residence (Address, ZIP code, City)
- Country
- Email address
- Phone number
At the time of sending the message, the following data are also stored:
- Salutation, Title
- First name, Last name
- Residence (Address, ZIP code, City)
- Country
- Email address
- Phone number
During the sending process, your consent will be obtained for the processing of the data, and reference will be made to this privacy policy.
Alternatively, you can contact us via the email address provided (info@merletoys.com). In this case, the user’s personal data transmitted with the email will be stored.
In this context, there is no intention to pass on the data to third parties. The data is used exclusively for processing the conversation.
2. Legal Basis for Data Processing
The legal basis for processing the data, given the user’s consent, is Art. 6 para. 1 lit. a GDPR.
The legal basis for processing data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at concluding a contract, then the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO. 1 lit. b DSGVO.
3. Purpose of Data Processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of Storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
5. Objection and Removal Options
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
The revocation of the consent and the objection to the storage is made via email to info@merletoys.com. All personal data that was stored in the course of contacting us will be deleted in this case.
VIII. Transfer of personal data to third parties
1. Description and Scope of Data Processing
Personal data collected from the contractual relationship is stored and processed using automated means and transmitted to the persons named below for further processing and for the purposes stated below. The personal data is:
- First name
- Last name
- Address
- Phone number
- Email address
The transfer is made to:
- KS Logistic GmbH (for logistical purposes, delivery)
- GUARDI GmbH & assembly companies as subcontractors (for assembly orders)
2. Legal Basis for Data Processing
The legal basis for processing the data, given the user’s consent, is Art. 6 para. 1 lit. a GDPR. Another legal basis is Art. 6 Para. 1 lit. b GDPR, as the processing is necessary for the fulfillment of the contract, of which the affected person is a contractual party, and for the implementation of pre-contractual measures, which take place at the request of the affected person.
3. Purpose of Data Processing
The data is transferred to the following companies for the following purposes:
- KS Logistic GmbH (for logistical purposes, delivery)
- GUARDI GmbH & assembly companies as subcontractors (for assembly orders)
4. Duration of Storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when data is passed on to fulfill a contract or to carry out pre-contractual measures if the data is no longer required to carry out the contract. Even after the contract has been concluded, it may be necessary to store the contractual partner’s personal data in order to comply with contractual or legal obligations.
5. Objection and Removal Options
The user has the option to revoke his consent to the processing and transfer of personal data at any time. If the data is required to fulfill a contract or to carry out pre-contractual measures, early deletion of the data is only possible if there are no contractual or legal obligations that prevent deletion.
IX. Rights of the Data Subject
If personal data concerning you is processed, you are the data subject as per the GDPR, and you have the following rights against the data controller:
1. Right to information
You can request confirmation from the data controller as to whether personal data concerning you is processed by us.
If such processing exists, you can request the following information from the data controller:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been disclosed or will still be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information is not possible, criteria for determining the duration of storage;
(5) the existence of a right to rectify or erase personal data concerning you, a right to restrict processing by the controller, or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to Rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to Restriction of Processing
You can request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period that allows the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of its use instead;
(3) the data controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise, or defense of legal claims; or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may, apart from being stored, only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of significant public interest of the Union or of a Member State.
If the restriction of processing has been limited according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.
4. Right to Erasure
a) Obligation to Erase
You can request the data controller to delete the personal data concerning you without undue delay, and the data controller is obliged to erase this data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) The personal data concerning you was processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.
b) Information to Third Parties
If the controller has made the personal data concerning you public and is obliged to erase them pursuant to Art. 17 Para. 1 GDPR, the controller shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers which process the personal data that you, as the data subject, have requested the erasure by them of all links to these personal data or of copies or replications of these personal data.
c) Exceptions
The right to erasure does not apply insofar as the processing is necessary:
(1) For the exercise of the right to freedom of expression and information;
(2) To fulfill a legal obligation required by the law of the Union or of Member States to which the data controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2)(h) and (i) and Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously compromise the achievement of the objectives of that processing, or
(5) For the establishment, exercise, or defense of legal claims.
5. Right to Notification
If you have exercised your right to correction, erasure, or restriction of processing against the data controller, they are obliged to inform all recipients to whom the personal data concerning you has been disclosed of this correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed by the data controller about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have made available to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was made available, provided that
(1) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Para. 1 lit. b DSGVO and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
7. Right to object
You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling, to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
You have the opportunity to exercise your right of objection in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Right to withdraw consent under data protection law
You have the right to revoke your consent to data protection at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated individual decision-making, including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for entering into, or performance of, a contract between you and the data controller,
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
(3) is based on your explicit consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2)(a) or (g) applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your residence, place of work, or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
