DATA PRIVACY

The data controller within the meaning of the General Data Protection Regulation (GDPR) is:

Wonderbow® - a brand of
Avalia Studios GmbH
Managing Directors: Laia Gonzalez, Sönke Schmidt
Elbdeich 33a
21522 Hohnstorf (Elbe)
Germany

Email: community (at) wonderbowgames.com



I. General information on data processing
1. Scope of the processing of personal data

e extent necessary to provide a functional website and our content and services. The collection and use of personal data generally takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by law.
The types of data processed include:

Inventory data (e.g. names, addresses)  
Contact data (e.g. email addresses, phone numbers)  
Content data (e.g. text input, photographs, videos)  
Usage data (e.g. websites visited, interest in content, access times)  
Meta/communication data (e.g. device information, IP addresses)

When you make a purchase on our website, we collect personal data from you to process your order. This may include:

Billing and shipping address  
Details about your purchase (e.g. your shirt size)  
Email address  
Name  
Phone number  

During the checkout process, our website may automatically complete your shipping and billing address by sharing your input with the Google Places API and providing suggestions to improve your checkout experience.

For this purpose, your input may be transmitted to the Google Places API, a service provided by Google Ireland Limited. Processing is carried out on the basis of Art. 6(1)(f) GDPR for the purpose of improving user-friendliness and facilitating the checkout process.

It cannot be ruled out that data may be transferred to servers of Google LLC in the United States. Such transfers are carried out on the basis of standard contractual clauses pursuant to Art. 46(2)(c) GDPR.

When you create a customer account on this website, we collect personal data to improve our checkout process and customer service.

This may include:

Your billing and shipping address(es)  
Details of your orders  
Email address  
Name  
Phone number  

We may send you emails regarding your order or account activity. For example, we may notify you when:

You have created a customer account  
Your account password has been reset or updated  
You have made a purchase  
Your order has been shipped  

These messages are service-related and cannot be unsubscribed from.

We use Shopify as our e-commerce platform. The service provider is Shopify International Ltd., 2nd Floor, Victoria Buildings, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland, which acts as a data processor on our behalf pursuant to Art. 28 GDPR.

Shopify may transfer personal data to affiliated companies, including Shopify Inc., 151 O'Connor Street, Ottawa, Ontario K2P 2L8, Canada. Data transfers to Canada are based on an adequacy decision of the European Commission.

In addition, Shopify may engage sub-processors located in the United States. Data transfers to these recipients are carried out on the basis of standard contractual clauses pursuant to Art. 46(2)(c) GDPR.

Further information can be found in Shopify’s privacy policy: https://www.shopify.com/legal/privacy

2. Legal basis for the processing of personal data

Where we obtain the consent of the data subject for processing operations involving personal data, Art. 6(1)(a) GDPR serves as the legal basis.

If the processing of personal data is necessary for the performance of 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 necessary for pre-contractual measures.

If processing is necessary for compliance with a legal obligation to which our company is subject, Art. 6(1)(c) GDPR serves as the legal basis.

If processing is necessary for the purposes of legitimate interests pursued by our company or a third party, and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6(1)(f) GDPR serves as the legal basis.

3. Data deletion and storage period

Personal data will be deleted or blocked as soon as the purpose of storage no longer applies.

Storage may take place beyond this period if required by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject.

Data will also be blocked or deleted if a prescribed storage period expires, unless further storage is required for the conclusion or performance of a contract.

4. Provision of contractual services

We process inventory data (e.g. names and addresses) and contact data of users, as well as contract data (e.g. services used, names of contact persons, payment information), for the purpose of fulfilling our contractual obligations pursuant to Art. 6(1)(b) GDPR.

Fields marked as mandatory in online forms are required for the conclusion of a contract.

When using our online services, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as those of users, in protecting against misuse and unauthorised use.

As a general rule, this data is not passed on to third parties unless required to assert legal claims or due to a legal obligation pursuant to Art. 6(1)(c) GDPR.

We also process usage data (e.g. visited web pages, interest in products) and content data (e.g. entries in contact forms) in order to provide users with appropriate offers.

Data is deleted after the expiry of statutory warranty and comparable obligations. In the case of legal archiving obligations, deletion takes place after their expiry.

Information stored in a customer account will be retained until the account is deleted.

5. Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure, or transfer of data to third parties, this will only occur if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection that corresponds to the EU (adequacy decision of the EU Commission) or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses" pursuant to Art. 46(2)(c) GDPR).

Note: We use services from providers based in the USA (including Shopify and Google). These transfers are carried out on the basis of standard contractual clauses pursuant to Art. 46(2)(c) GDPR or an adequacy decision of the EU Commission. For further information, please refer to the sections on the respective services.

II. Provision of the website and creation of log files
1. Description and scope of data processing

When our website is accessed, our system automatically collects data and information from the user’s device.

The following data is collected for a limited period:

Information about the browser type and version used  
The user’s operating system  
The user’s internet service provider  
The user’s IP address  
Date and time of access  
Websites from which the user’s system accesses our website  

This data is stored in log files. It is used exclusively for the analysis of technical malfunctions and is deleted after seven days at the latest.

The legal basis for temporary storage is Art. 6(1)(f) GDPR.

Temporary storage of the IP address is necessary to deliver the website to the user’s device. Storage in log files ensures the functionality and security of our IT systems.

No evaluation for marketing purposes takes place and no personal conclusions are drawn.

The collection of this data is strictly necessary for the operation of the website; therefore, there is no right to object.

2. Use of cookies

Our website uses cookies. Cookies are small text files stored on your device that contain certain information.

We distinguish between:

Technically necessary cookies  
These are required to ensure the basic functions of the website (e.g. shopping cart, login, navigation). The legal basis is Art. 6(1)(f) GDPR in conjunction with § 25(2) TTDSG.

Non-essential cookies  
These are used for analytics and marketing purposes. They are only set with your explicit consent. The legal basis is Art. 6(1)(a) GDPR in conjunction with § 25(1) TTDSG.

When you first visit our website, you will be asked for your consent via a cookie banner. Non-essential cookies are only set after consent is given.

You can withdraw or adjust your consent at any time with the same ease as it was given.

You can also delete or block cookies via your browser settings. Please note that this may limit the functionality of the website.

III. Newsletter and Email Marketing

1. Description and Scope of Data Processing
We offer you the opportunity to subscribe to our newsletter. When registering, we collect your email address and, if provided, your name.
For sending our newsletters, we use Shopify Messaging, a service of Shopify International Ltd., 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. We have concluded a data processing agreement with Shopify pursuant to Art. 28 GDPR.
For the technical processing of the double opt-in registration procedure, we partly use MailerLite, a service of MailerLite Limited, 88 Harcourt Street, Dublin 2, D02 DK18, Ireland. MailerLite is used exclusively for obtaining and documenting consent; the actual newsletter sending is carried out exclusively via Shopify Messaging. MailerLite processes data in accordance with the GDPR and on the basis of a data processing agreement.

2. Legal Basis
The processing of your email address for the purpose of sending the newsletter is carried out on the basis of your explicit consent pursuant to Art. 6(1)(a) GDPR in conjunction with § 7(2) No. 3 UWG.

3. Registration Procedure (Double Opt-In)
Registration is generally carried out using a double opt-in procedure. In individual cases (e.g. for campaigns outside the EU), alternative procedures may apply where legally permissible. With the double opt-in procedure, after registering you will receive an email in which you must confirm your registration. This ensures that nobody can register with someone else's email address.
We log newsletter registrations in order to be able to demonstrate the registration process in accordance with legal requirements. This includes storing the registration and confirmation timestamp as well as the IP address.

4. Right of Withdrawal and Unsubscription
You can revoke your consent to receive our newsletter at any time. Each newsletter contains a corresponding unsubscribe link. Alternatively, you can send us your revocation by email to community (at) wonderbowgames.com. The lawfulness of the processing carried out on the basis of the consent until the revocation is not affected by the revocation.

5. Storage Period
Your email address will be stored for as long as you are subscribed to the newsletter. After unsubscribing, the address will be marked as unsubscribed in our sending system (Shopify Messaging) and no further newsletter will be sent. You can request complete deletion of your email address from our system at any time by sending a separate email to community (at) wonderbowgames.com.

IV. Contact
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6(1)(b) GDPR. The user's details may be stored in a customer relationship management system ("CRM system") or comparable inquiry management system. We delete the inquiries if they are no longer necessary. We review the necessity every six months; furthermore, the legal archiving obligations apply.

V. Web analysis with Google services
We use Google Analytics, a web analytics service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), on the basis of your consent pursuant to Art. 6(1)(a) GDPR. We have concluded the necessary data protection agreements with Google (e.g. standard contractual clauses). Google uses cookies, which collect information about the use of our website. This information is transmitted to Google servers and stored there.

We only use Google Analytics with IP anonymisation activated. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The transfer of data to the USA is carried out on the basis of standard contractual clauses of the EU Commission.

Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link:
https://tools.google.com/dlpage/gaoptout

For more information about Google's data use, please visit:
https://policies.google.com/privacy

VI. Rights of the data subject
If personal data of yours is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller

1. Right of access

You may request confirmation from the controller as to whether personal data concerning you are being processed by us.

If such processing is taking place, you may request information from the controller about the following:

(1) The purposes for which the personal data are processed;

(2) The categories of personal data which are processed;

(3) The recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) The planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;

(5) The existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

(6) The existence of a right of appeal to a supervisory authority;

(7) Any available information about the origin of the data, if the personal data are not collected from the data subject;

(8) You have the right to request information on whether the personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

3. Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2) The processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3) The controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defence of legal claims; or

(4) If you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.

If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erasure

You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant 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 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist to the extent that the processing is necessary

(1) for the exercise of the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the 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 Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4) for the assertion, exercise or defence of legal claims.

5. Notification obligation

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right against the controller to be informed about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.

(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and

(2) the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to 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 controller.

7. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) GDPR; 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 the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications. To do so, you can send an e-mail to our data protection officer.

8. right to revoke your declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9 Automated decision in individual cases including profiling.

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or

(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.