Privacy Policy

Privacy Policy

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

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we will inform you about the handling of your personal data when using our website. Personal data are all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is:

Brainbow Handelsunternehmen GmbH
Heribertstrasse 85
52372 Kreuzau
Germany
Tel.: 02422-9048455
Email: info@brainbowtoys.de
Register court: District court Düren
Registration number: HRB 8054

The person responsible for the processing of personal data is the natural or legal person who, alone or in concert 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 an 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

In the case of merely informative use of our website, ie 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 information that is technically necessary for us to display the website:

  • Our visited website
  • Date and time at the time of access
  • Amount of transmitted data in bytes
  • Source/reference from which you accessed the site
  • Used browser
  • Operating system used
  • Used IP address (possibly in anonymous form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. A transfer or other use of the data does not take place. However, we reserve the right to retrospectively check the server logfiles should concrete evidence point to unlawful use.

3) Cookies

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

In some cases, cookies are used to simplify the ordering process by storing settings (eg remembering the contents of a virtual shopping cart for a later visit to the website). If individual personal data are processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f GDPR for safeguarding our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

We may work with advertising partners to help us make our web site more interesting to you. For this purpose, in this case, when you visit our website, cookies from partner companies are stored on your hard disk (third-party cookies). If we cooperate with aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in the following paragraphs.

Please note that you can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or can exclude the acceptance of cookies for specific cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the Help menu of each browser, which explains how to change your cookie settings. These can be found for the respective browser under the following links:

  • Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
  • Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
  • Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
  • Safari: https://support.apple.com/kb/ph21411?locale=de_DE
  • Opera: https://help.opera.com/en/latest/web-preferences/#cookies

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

4) contact us

When contacting us (eg via contact form or e-mail), personal data is collected. Which data are collected in the case of a contact form can be seen from the respective contact form. These data are stored and used solely for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter in question is finally clarified and provided that no statutory storage requirements are in conflict.

5) Data processing when opening a customer account and for contract execution

According to Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed when you provide it to us for the purpose of concluding a contract or opening a customer account. Which data are collected, can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by a message to the above-mentioned address of the person in charge. We save and use the data you have provided for the execution of the contract. After completion of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further data use by our side which we will inform you accordingly below.

6) comment function

As part of the comment function on this website, in addition to your comment, information on the time the commentary was created and the commentary name you have chosen will be saved and published on the website. Furthermore, your IP address will be logged and saved. This storage of the IP address is made for security reasons and in the event that the data subject violates the rights of third parties or posts unlawful contents by submitting a comment. We need your e-mail address in order to contact you if a third party objects to your published content as unlawful. Legal bases for the storage of your data are the Art. 6 para. 1 lit.b and f DSGVO. We reserve the right to delete comments if they are objected to by third parties as unlawful.

7) Use of your data for direct mail

Registration for our e-mail newsletter

If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only requirement for sending the newsletter is your e-mail address. The indication of further possible data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure. This means that we will only send you an e-mail newsletter if you have explicitly confirmed to us that you agree to the sending of the newsletter. We will then send you a confirmation e-mail asking you to confirm by clicking on a link that you wish to receive newsletters in the future.

By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 para. 1 lit. a GDPR. When registering for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will be used exclusively for promotional purposes by means of the newsletter. You can cancel the newsletter at any time via the provided link in the newsletter or by sending a message to the person named above. After cancellation, your e-mail address will be deleted immediately in our newsletter distribution, unless you have expressly consented to further use of your data or we reserve the right to further data use, which is permitted by law and about which we in this statement inform.

8) Data processing for order processing

8.1 In order to process your order, we work with the following service provider (s) who support us in whole or in part in the execution of contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

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

8.2 Forwarding of personal data to shipping service providers

- DHL
The goods are delivered by the transport service provider

DHL Paket GmbH
Kruppstr. 74
45145 Essen
Germany

we will give your email address in accordance with Art. 6 Para. 1 lit. a GDPR before the delivery of the goods for the purpose of agreeing a delivery date or to announce the delivery to DHL, provided you have given your express consent for this in the ordering process. Otherwise, we will provide for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b GDPR only forwards the name of the recipient and the delivery address to DHL. It will only be passed on if this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with DHL or the transmission of status information of the shipment delivery is not possible.
The consent can be withdrawn at any time with effect for the future against the person named above or against the transport service provider DHL.

8.3 Use of payment service providers (payment service providers)

- 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 will transfer your payment data in the course of the payment to PayPal (Europe) Sarl et Cie, SCA, 22- 24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), continue. The transfer takes place in accordance with Art. 6 para. 1 lit. b GDPR and only insofar as this is necessary for the payment process.

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 processed in accordance with Art. 6 Paragraph 1 lit. f GDPR passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency.

PayPal uses the result of the credit check with regard to the statistical probability of default for the purpose of deciding whether to provide the respective payment method. The credit report can 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, but is not limited to, address data. For more information on data protection, including 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 continue to be entitled to process your personal data, if this is necessary for the contractual payment.

8.4 Implementation of credit checks

- EuroTreuhand debt collection

If we make advance payments (e.g. delivery on account), we reserve the right to carry out a credit check based on mathematical-statistical procedures in order to safeguard our legitimate interest in determining the solvency of our customers. We transmit the personal data required for a credit check in accordance with Art. 6 Para. 1 lit. f GDPR to the following service providers:

EuroTreuhand Inkasso GmbH
Amsterdam Str.133b
50735 Cologne

The credit report can contain probability values ​​(so-called score values). As far as score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data is used, among other things, but not exclusively, to calculate the score values. We use the result of the credit check in relation to the statistical probability of default for the purpose of deciding on the establishment, implementation or termination of a contractual relationship.

You can object to this processing of your data at any time by sending a message to the person responsible for data processing or to the aforementioned credit agency. However, we may still be entitled to process your personal data if this is necessary for the contractual payment processing.

9) Use of Social Media: Videos

Using Youtube videos

This site uses the Youtube Embedding feature to view and play videos from "Youtube", which is owned by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").

Here, the extended privacy mode is used, which according to the provider information storage of user information only when playing the / the video in motion. When the playback of embedded Youtube videos starts, the provider "Youtube" uses cookies to collect information about user behavior. According to "Youtube" hints, these are used, among other things, to capture video statistics, improve user-friendliness and prevent abusive practices. If you're logged in to Google, your data will be assigned directly to your account when you click a video. If you do not wish to associate with your profile on YouTube, you must log out before activating the button. Google stores your data (even for non-logged-in users) as usage profiles and evaluates them. Such an evaluation is carried out in particular according to Art. 6 para. 1 lit.f DSGVO on the basis of the legitimate interests of Google in the display of personalized advertising, market research and / or needs-based design of its website. You have a right to object to the creation of these User Profiles, and you must be directed to YouTube to use them.

Regardless of any playback of the embedded video, every time you visit this website, it will connect to the Google Network "DoubleClick", which may trigger further data processing without our having any influence.

US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.

Further information on data protection at "YouTube" can be found in the provider's privacy policy at:

https://www.google.de/intl/de/policies/privacy

10) web analytics services

Google (Universal) Analytics

- Google Analytics

This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including the shortened IP address) is usually transmitted to a Google server in the USA and stored there.

This website uses Google Analytics exclusively with the extension "_anonymizeIp ()", which ensures anonymization of the IP address by curtailment and excludes a direct personal reference. The extension will truncate your IP address beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. In these exceptional cases, this processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.

Google will use this information on our behalf to evaluate your use of the website, to compile reports on website activity, and to provide us with other services related to website activity and internet usage. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.

You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading the browser plug-in available under the following link and install:

https://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser plug-in or within browsers on mobile devices, please click the following link to set an opt-out cookie that will prevent the Google Analytics collection within this site in the future (this opt-out cookie only works In this browser and only for this domain, delete your cookies in this browser, you have to click this link again): disable Google Analytics

US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
For more information about how Google Analytics handles user data, see Google's privacy policy:

https://support.google.com/analytics/answer/6004245?hl=de

11) Tools and Miscellaneous

Google reCAPTCHA

On this website we also use the reCAPTCHA feature of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). This function is primarily used to distinguish whether an input is made by a natural person or abusive by automated and automated processing. The service includes the sending of the IP address and any other data required by Google for the service reCAPTCHA to Google and is performed in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in determining the individual will-bearingness of actions on the Internet and the prevention of abuse and spam.

US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.

Further information on Google reCAPTCHA and Google's privacy policy can be found at:

https://www.google.com/intl/de/policies/privacy/

12) rights of the person concerned

12.1 The applicable data protection law grants you comprehensive rights of data subjects (information and intervention rights) to the person responsible with regard to the processing of your personal data, about which we inform you below:

  • Right of access according to Art. 15 GDPR: In particular, you have the right to obtain information about the personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or is being disclosed Period of storage or the criteria for determining the duration of storage, the right of rectification, deletion, limitation of processing, objection to processing, complaint to a supervisory authority, the origin of your data, if they were not collected by us, the Existence of automated decision-making including profiling and, where appropriate, meaningful information about the logic and scope involved and the intended effects of such processing, as well as your right to be informed of what guarantees under Art. 46 DSGVO in case of assignment your data to third countries;
  • Right to correction according to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us;
  • Right to cancellation according to Art. 17 GDPR: You have the right to demand the deletion of your personal data in the presence of the requirements of Art. 17 para. 1 GDPR. However, that right does not apply, in particular, where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the pursuit, exercise or defense of rights;
  • Right to restriction of the processing according to Art. 18 GDPR: You have the right to demand the restriction of the processing of your personal data, as long as the correctness of your data challenged by you is checked, if you refuse a deletion of your data because of inadmissible data processing and instead the Restricting the processing of your data require, if you need your data for the assertion, exercise or defense of legal rights, after we no longer need these data after purpose or if you have objected for reasons of your particular situation, as long as it is not certain, whether our entitled Reasons predominate;
  • Right to be informed in accordance with Art. 19 GDPR: If you have the right to rectify, delete or limit the processing to the controller, he / she is obligated to rectify or delete the data or all recipients to whom the personal data relating to you have been disclosed Notify of limitation of the processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
  • Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, as far as technically feasible;
  • Right to revoke granted consent in accordance with Art. 7 para. 3 GDPR: You have the right to revoke a consent once given in the processing of data at any time with future effect. In the case of withdrawal, we will delete the data concerned immediately, as far as further processing can not be based on a legal basis for consentless processing. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
  • Right to complain under Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have the right to complain to a supervisory authority, in particular in the case of any other administrative or judicial remedy Member State of your whereabouts, place of work or place of alleged infringement.

12.2 RIGHT TO OBJECT

IF, IN THE CONTEXT OF INTEREST ACCOUNTABILITY, WE PROCESS OUR PERSONAL DATA BASED ON OUR MAJOR LEGITIMATE INTEREST, YOU HAVE ANY PRESENT RIGHT TO SUBMIT AGAINST THIS PROCESSING FOR CONSEQUENCES WITH EFFECT ON THE FUTURE FOR REASONS OBTAINED FROM YOUR SPECIFIC SITUATION.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE AFFECTED DATA. FURTHER PROCESSING REMAINS SUBJECT TO EXERCISE WHEN WE MAY PROVIDE IMPERATIVE REASONABLE REASONS FOR PROCESSING WHICH EXCEED ITS INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE PRESENTATION, EXERCISE OR DEFENSE OF LEGAL CHARGES.

IF YOUR PERSONAL DATA IS PROCESSED BY US TO OPERATE DIRECT ADVERTISING, YOU HAVE THE RIGHT TO INTRODUCE ANY CONTESTING AGAINST THE PROCESSING OF YOU OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE THE OPPOSITE AS DESCRIBED ABOVE.

MAKE USE OF YOUR CONTINGENCY RIGHT, WE FINISH THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ACCEPTANCE.

13) Duration of storage of personal data

The duration of the storage of personal data is based on the respective statutory retention period (eg commercial and tax retention periods). After the deadline, the corresponding data are routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract and / or on our part no legitimate interest in the re-storage persists.