Privacy statement of Silver Trading UG (haftungsbeschränkt)
- Controller, Data protection officer, Scope
Silver Trading UG (haftungsbeschränkt) (hereinafter referred to as “provider”) is the controller in accordance with relevant data protection regulations. Please refer to the imprint for details of the address as required for a summons and powers of representation.
The protection of personal data has the highest priority for us. We would therefore like to inform you about which data we collect when, and how we process your personal data. This privacy statement describes the collection and processing of personal data via the website http://www.kittensandkink.com (hereinafter referred to as "website").
The provider runs an online shop focussing on costumes, accessories, underwear and adult toys. Users may purchase after creating a personal account on the website or as guests. Personal data of users are collected and processed in order to fulfil contractual obligations.
The provider also uses the personal data for statistical and market analysis purposes, e.g. on the basis of customer groups, delivery areas and market areas, and evaluates them anonymously. Details can be found in the relevant sections of this privacy statement. Additional privacy notices may apply to special services or promotions (e.g. special offers). We will inform you about these at the beginning of the usage process of the respective service or action.
General information on data processing
- Scope of processing of personal data
In principle, we only process personal data of our users if this is necessary to provide a functional application, our contents and services or for the performance of a contract with users or in order to take steps at the request users prior to entering into a contract. The processing of personal data of our users generally only takes place after the user has given his consent or on the basis of another legal basis.
- Legal basis for the processing of personal data
Unless otherwise specified, we process personal data on one of the following legal bases:
consent
Whenever we collect the data subject’s consent to the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
contract or pre-contractual measures
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
legal obligation
If the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
legitimate interests
If processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party and if such interests are not overridden by the interests, fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis.
- Data erasure and storage time
In principle and unless otherwise stated, your personal data will only be stored until the purpose of the collection and storage is achieved. With your consent, data can also be stored for longer as long as you do not revoke your consent (for example, if you have created a user account, data will be stored until you delete the user account again).
Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which we are subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned regulations expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
- Transfer to third countries
Unless otherwise stated, all data processing operations take place within the EU or the EEA countries.
Data processing operations carried out by third-party providers established outside the geographical area mentioned (see e.g. Sections VI, VIII) may be carried out in part or in full in the countries of the respective branch or in accordance with the relevant data protection regulations.
A transfer of personal data outside the EU or the EEA is exclusively based on an adequacy decision of the European Commission, including the adequacy decision on the EU-US Privacy Shield, or subject to appropriate safeguards, such as standard data protection clauses adopted by the European Commission.
A list of current adequacy decisions is available on the European Commission's website.
Information on the EU-US Privacy Shield and in particular on the participation of a specific company can be found on the website of the US Department of Commerce.
III. Use of data in general form in the provision of applications and creation of log files
Regardless of whether you place an order, we automatically store use-related data about the usage process when using our platforms or apps. This includes in particular the URL of the accessed website, date and time of the access, transferred data volume, http status code of the answer to the access, web browser and HTTP referer as well as the IP address. This information is not associated with your person. We store the IP addresses in the log files for a limited period of time, if this is necessary for security purposes.
We collect this data to ensure the provision of our applications. In addition, they are used to anonymously analyse, store and evaluate user behaviour and to continuously improve and further develop the service. For more details on the systems used, please refer to the sections on cookies and social media below.
We only store your IP address in the log files for a limited period of time, if this is necessary for security purposes.
These purposes constitute our legitimate interest, which justifies data processing.
- Data processing when creating a user account
When creating a user account, we store the following data: first and last name, e-mail address, password. These data are to populate your user account and to allow you to set preferences and keep track of your orders. Further personal data may be provided on a voluntary basis once the user account has been created.
If you wish to purchase goods while logged into your user account, your data from the user account will be transferred directly into the ordering process in order to make it more attractive and easier.
The legal basis of processing when creating user accounts is your consent.
- Data processing when placing orders
After selecting the desired goods we collect and store your first name and last name, complete billing address and delivery address (if different), telephone number, e-mail address and the method of payment selected. We need these data to fulfil and process the ordering procedure. In addition, these data are required in the event of complaints, inquiries and in order to communicate with you with regard to your order or your rights.
Your payment details will be forwarded to various payment service providers with whom we cooperate, depending on your chosen online payment method (such as credit card payment, direct debit or Paypal). They will inform us about the payment status. We do not collect or store any personal data regarding payment methods.
In order to process your order, we forward your data to service providers involved in the performance of the contract, such as shipping and delivery service providers or our e-commerce platform Shopify. Such service providers process the data exclusively on our behalf and for the purpose of contract fulfilment. Under no circumstances will your data be used by the service providers for their own purposes.
As far as required, we have entered into agreements pursuant to art. 28 GDPR with such service providers.
The legal basis for processing is the execution of pre-contractual measures or the performance of the contract.
- Use of cookies
- a) Description and scope of data processing
In order to improve user experience of our website and to enable certain functions, we implement so-called cookies on various pages. These are small text files being stored on your device. Some of the cookies we use expire after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and enable us or our partner companies to recognise your browser on your next visit (persistent cookies).
You can intervene on your browser preferences in order to get informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. You can also manually delete cookies from your device at any time.
Refusal of cookies may, however, result in limited functionality of our website.
technical cookies
We use cookies to make our website more user-friendly. Some elements of our website require that your browser be identified after page changes. Such technical cookies collect personal information about you, such as shopping cart content, log-in information, etc.
The use of technical cookies is based on our legitimate interest.
technically unnecessary cookies
In addition, we use non-technical cookies to monitor and evaluate user behaviour for statistics and market analysis purposes. Such cookies are provided by third parties and implemented in our website. Please refer to the following sections for details.
Such cookies allow us to analyse your use of the website and improve it continuously. Analytics allow us to offer you a better service that meets your interests better.
The legal basis thereof is Art. 6 par. 1 lit. f).
GOOGLE ANALYTICS
We implement "Google Analytics". Google Analytics is a web analysis service provided by Google Inc. The information generated by the Google Analytics cookie about your use of our website is generally transmitted to and stored by Google on servers in the United States. Only in exceptional cases is the unabridged IP address transferred to a Google servers in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to draft reports about website activity and to provide us with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not put in relation with other Google data. You may object to the use of cookies by selecting the appropriate settings on your browser, however please note that doing so may result in limited functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and processing this data by installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
To find out further information about how Google handles personal data, please refer to Google's privacy statement: https://policies.google.com/privacy?hl=en.
GOOGLE ADS
On our website we use the online advertising program "Google Ads” provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). By clicking on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages of our website and the cookie has not expired, we and Google may recognise that you clicked on the ad and were redirected to the relevant page. Each Google Ads customer – including us – receives a different cookie. As a result, there is no way that cookies can be tracked through Google Ads customer websites.
The information collected through the conversion cookie is used to compile conversion statistics. We learn the total number of users who clicked on one of our ads and were directed to a page tagged with a conversion tracking tag. However, we do not receive information that personally identifies users.
Further information and Google's privacy policy can be found at: https://www.google.de/policies/privacy/
GOOGLE FORMS
If you decide to fill out our survey forms we will store several information that you voluntarily provide to us, such as:
Your first name, your last name, company name, contact data, address, your interests in our services and other feedback that is important for us in order to improve our services and offer you custom fit offers. Our survey is using Google Forms, a product of the Google Company. By submitting data with Google Forms you accept the Terms of Service and the Data Privacy Policy of Google Inc. and We Are All In (us). Your data will be stored on a server outside of the E.U. in the U.S. or other places. Please do not use our survey forms if you do not agree with the above.
SHOPIFY
Shopify is an e-commerce platform provided by Shopify International Limited, Ireland.
On our behalf, Shopify places cookies on your device in order to analyse and evaluate your online choices and allow us to target you with a more personalised service.
Please find out further details about the way Shopify implements cookies and about how to object to their use at the following links:
https://www.shopify.com/legal/privacy
https://www.shopify.com/legal/cookies
- b) Duration of storage, objection and deletion
Cookies are stored on the user's computer and from there transmitted to our site. Therefore, you as a user 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 saved 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 use all functions of the website in full.
VII. Newsletter
By giving your consent to receive our newsletter, we will use your e-mail address to send you advertising and interesting offers about our own products and those of partner companies. The data will not be passed on to third parties.
You can withdraw your consent to receive newsletters at any time by means of an unambiguous message addressed to us, or following the unsubscribe instructions provided inside each newsletter.
We will inform you about the right of objection when collecting the email address and in the respective newsletter.
The basis for this form of data processing is your consent.
VIII. Social Media Plugins
We integrate social media plugins of various providers in order to improve user experience of our website and our services, making them more attractive for you. The legal basis for the processing of personal data resulting thereof is Art. 6 par. 1 lit f) GDPR.
We currently integrate social media plugins of the following providers:
FACEBOOK, TWITTER, INSTAGRAM, PINTEREST, TUMBLR.
In order to increase the protection of your data when you visit our website, such plugins are integrated via "This integration ensures that no connection to the social media provider is established when you access our website. Your browser does not establish a direct connection to the social media provider’s servers if you don’t activate the respective plugins thereby triggering data transmission. The content of the respective plugin is transmitted directly to your browser and integrated into the page. By integrating the plugins, the social media provider receives the information that your browser has accessed the respective page of our website, even if you do not have an account or profile, or are not currently logged in. This information (including your IP address) is transmitted directly from your browser to a server of the respective social media provider and stored there. If you interact with the plugins, for example by pressing the "share" button, this information is also transmitted directly to a social media provider’s server and stored there. As the case may be, such information may also be made public to your contacts or friends on the respective social media network.
Please find out further details about the way the above-mentioned social media providers process your personal data and the options and instructions to prevent them from tracking your online behaviour in the described way at the respective privacy information pages:
https://www.facebook.com/policy.php
https://twitter.com/privacy
https://help.instagram.com/155833707900388
https://policy.pinterest.com/en/privacy-policy
https://www.tumblr.com/privacy/en_eu
FACEBOOK INSTANT CHAT
We use the instant messaging service provided by Facebook, Inc. to allow you to communicate with us in an easy and quick way. The Facebook messenger plugin is implemented via This integration ensures that no connection to the social media provider is established when you access our website. Your browser does not establish a direct connection to the social media provider’s servers if you don’t activate the respective plugins thereby triggering data transmission.
If you decide to use the Facebook messenger to communicate with us, personal data referring to you (such as your access to our website or your IP-address) may be transferred to Facebook, regardless of whether you own a Facebook account or are currently logged in.
Facebook may analyse and evaluate such data for marketing purposes. Please find out more about the way Facebook uses such data and about the options and instructions to prevent Facebook from tracking your online behaviour at the following page: https://www.facebook.com/policy.php
- Rights of the data subject
If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the controller:
- Right to access
You can require the controller to confirm whether personal data concerning you are processed by us.
If such processing takes place, you can request to be informed by the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
(5) the existence of a right to rectification or erasure of 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 to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transmission.
- Right to rectification
You have a right to rectification and/or completion against the data controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall make the correction without undue delay.
- Right to restriction of processing
Under the following conditions, you may request the restriction of processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period that enables the data controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) if the data controller no longer needs the personal data for the purposes of the processing, but you do need them for the establishment, exercise or defence of legal claims or
(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If the processing of personal data concerning you has been restricted, such data shall, with the exception of storage, 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 of a Member State.
If processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.
- Right to erasure
- a) Obligation to delete
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent, on which the processing was based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground 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 have been unlawfully processed.
(5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
- b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
- c) exceptions
The right to erasure does apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by 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 in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the right referred to under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
- Right to notification
If you have exercised your right to have the data controller rectify, erase or limit the processing, the controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by means of 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 technical feasible. This shall not adversely affect the rights and freedoms of others.
The right to transferability shall 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 controller.
- Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time without giving reasons to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that 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.
- Right to withdraw consent
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- 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, in particular in the Member State of your habitual residence, place of work or place 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 Art. 78 GDPR
- Amendments to this privacy statement
Due to the dynamic development of the Internet, new technologies and possibilities are constantly developing. To enable us to offer you these possibilities and technologies, we reserve the right to change this privacy statement for the future when introducing new, additional or when changing or extending existing services or service elements.
If the change to the privacy statement only affects the use of data in a general form and/or the use of data for orders and not also the use of data within the scope of a user account, the new privacy statement shall apply from the date of its update on the website.
A change of the privacy statement, which refers to the use of the data already collected and stored in your user account, only takes place if this is reasonable for you. If and to the extent that changes to the privacy statement relate to the use of data already collected and stored in your user account, we will notify you in good time by e-mail, on our website, or in any other suitable way. You have the right to object to the new privacy statement within six weeks of receiving the notification. In the event of an objection, we reserve the right to terminate the contract and delete your user account. If no objection is raised within the aforementioned period, the amended privacy statement shall be deemed accepted by you. We will inform you in the notification of your right to object and the significance of the objection period.