Privacy Policy

The data controller is:

Ilka Pia Claren

Seeblickstr. 3

87466 Oy-Mittelberg

Email: helllo@artfromilkasheart.com

Thank you for your interest in our website. The protection of your privacy is very important to us. Below, we provide detailed information about how we handle your data.

1. Access Data and Hosting

You can visit our websites without providing any personal information. Each time a website is accessed, the web server automatically stores a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of retrieval, the amount of data transferred, and the requesting provider (access data), and documents the retrieval. This access data is exclusively evaluated for the purpose of ensuring the smooth operation of the site and improving our offer. This serves to protect our legitimate interests in a correct presentation of our offer, which are overriding within the framework of a balancing of interests, in accordance with Art. 6 (1) sentence 1 lit. f GDPR. All access data is deleted no later than one month after the end of your page visit. All access data is processed only as long as necessary to achieve the processing purposes mentioned above.

Hosting

The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in forms provided on this website are processed on their servers. For questions about our service providers and the basis of our collaboration with them, please contact the contact option described in this privacy policy.

Our service providers are located and/or use servers in the following countries for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision: Canada, USA

The adequacy decision for the USA applies as the basis for third-country transfer, provided that the respective service provider is certified. 

Certification according to the decision of the Swiss Federal Council is available.

Our service providers are located and/or use servers in the following countries for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision: Canada, New Zealand, Japan, United Kingdom, USA.

The adequacy decision for the USA applies as the basis for third-country transfer, provided that the respective service provider is certified.  Until certification by our service providers, data transfer continues to be based on this basis: Standard Contractual Clauses of the European Commission.

Our service providers are located and/or use servers in these countries: Australia, India, Singapore.
For these countries, there is no adequacy decision by the European Commission and the Swiss Federal Council. Our collaboration with them is based on these guarantees: Standard Contractual Clauses of the European Commission

2. Data Processing for Contract Fulfillment and Contacting

2.1 Data Processing for Contract Fulfillment

For the purpose of contract fulfillment (including inquiries and processing of any existing claims arising from warranty, performance disruptions, and the right of withdrawal, as well as any statutory update obligations) in accordance with Art. 6 (1) sentence 1 lit. b GDPR, we collect personal data when you voluntarily provide it to us as part of your order. Mandatory fields are marked as such, because in these cases we absolutely need the data for contract fulfillment and cannot ship the order without their provision. What data is collected can be seen from the respective input forms.

Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment, and shipping processing, can be found in the following sections of this privacy policy. After complete processing of the contract, your data will be restricted for further processing and deleted after the expiry of tax and commercial law retention periods in accordance with Art. 6 (1) sentence 1 lit. c GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) sentence 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this declaration.

Merchandise Management System

For order and contract processing, we use merchandise management systems from external service providers. Our service providers act for us as part of order processing. For questions about our service providers and the basis of our collaboration with them, please contact the contact option described in this privacy policy.

2.2 Customer Account

If you have given your consent in accordance with Art. 6 (1) sentence 1 lit. a GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account and for storing your data for further future orders on our website. You can delete your customer account at any time, either by sending a message to the contact option described in this privacy policy or by using a dedicated function in the customer account. After deleting your customer account, your data will be deleted, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) sentence 1 lit. a GDPR or we reserve the right to further data use that is legally permitted and about which we inform you in this declaration.

Contact Us

As part of customer communication, we collect personal data to process your inquiries in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, if you voluntarily provide them to us when you contact us (e.g. via contact form, live chat tool or e-mail). Mandatory fields are marked as such, as we absolutely require the data in these cases to process your contact. What data is collected is apparent from the respective input forms. After your inquiry has been fully processed, your data will be deleted, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to further data usage that is legally permitted and about which we inform you in this declaration.

3. Data processing for shipping purposes

For the fulfillment of the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. If you have any questions about our service providers and the basis of our cooperation with them, please contact us using the contact option described in this data protection declaration.

Data transfer to shipping service providers for shipping announcements

If you have given us your express consent during or after your order, we will pass on your telephone number to the selected shipping service provider in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, so that they can contact you before delivery for the purpose of delivery announcement or coordination.
Consent can be revoked at any time by sending a message to the contact option described in this data protection declaration. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to further data usage that is legally permitted and about which we inform you in this declaration. If you have any questions about our service providers and the basis of our cooperation with them, please contact us using the contact option described in this data protection declaration.

4. Data processing for payment processing

When processing payments in our online shop, we work with the following partners: technical service providers, credit institutions, payment service providers.

4.1 Data processing for transaction processing

Depending on the selected payment method, we pass on the data necessary for the processing of the payment transaction to our technical service providers or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for the processing of the payment. This serves the fulfillment of the contract in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR. In some cases, the payment service providers collect the data required for payment processing themselves, e.g. on their own website or via a technical integration in the order process. In this respect, the data protection declaration of the respective payment service provider applies.

Depending on the selected payment method, data transfers to third countries outside the EU/EEA may occur for which the European Commission has issued an adequacy decision. Insofar as data transfers take place to third countries outside the EU/EEA for which the European Commission has not issued an adequacy decision, the cooperation is based on standard data protection clauses of the European Commission.

If you have any questions about our partners for payment processing or about the basis of our cooperation with them, please contact us using the contact option mentioned in this data protection declaration.

4.2 Data processing for fraud prevention and optimization of our payment processes

If necessary, we pass on further data to the aforementioned service providers, which they use together with the data necessary for payment processing for the purpose of fraud prevention and optimizing our payment processes (e.g. invoicing, processing of disputed payments, support for accounting). This serves to protect our overriding legitimate interests in securing ourselves against fraud and efficient payment management in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR as part of a balancing of interests.

5. Advertising via e-mail

5.1 E-mail newsletter with registration and newsletter tracking

If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter regularly based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. You can unsubscribe from the newsletter at any time either by sending a message to the contact option described below or via a dedicated link in the newsletter. After unsubscribing, we will delete your e-mail address from the recipient list, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to further data usage that is legally permitted and about which we inform you in this declaration.

We would like to point out that we evaluate your user behavior when sending the newsletter. For this purpose, we also analyze your interaction with our newsletter by measuring, storing and evaluating opening rates and click rates for the purpose of designing future newsletter campaigns ("newsletter tracking").

For this evaluation, the e-mails sent contain one-pixel technologies (e.g. so-called web beacons, tracking pixels) that are stored on our website. For the evaluations, we link in particular the following "newsletter data"

• the page from which the page was requested (so-called referrer URL),
• the date and time of the request,
• the description of the type of web browser used,
• the IP address of the requesting computer,
• the e-mail address,
• the date and time of registration and confirmation

and the one-pixel technologies with your e-mail address or your IP address and, if applicable, an individual ID. Links contained in the newsletter may also contain this ID.

If you do not wish newsletter tracking, you can unsubscribe from the newsletter at any time, as described above.

The information will be stored as long as you have subscribed to the newsletter.

5.2 Newsletter delivery

The newsletter and the newsletter tracking described above may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please contact us using the contact option described in this data protection declaration.

5.3 Sending review requests by e-mail

If you have given us your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR during or after your order, we will use your e-mail address to request a review of your order via the review system we use. This consent can be revoked at any time by sending a message to the contact option described in this data protection declaration or via a dedicated link in the review request. After revocation of your consent, we will delete your e-mail address from the recipient list, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to further data usage that is legally permitted and about which we inform you in this declaration.

Review requests may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please contact us using the contact option described in this data protection declaration.

Our service providers are located and/or use servers in the following countries for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection: USA

The adequacy decision for the USA applies as a basis for third country transfers, insofar as the respective service provider is certified.  A certification according to the decision of the European Commission is available. A certification according to the decision of the Swiss Federal Council is available.

6. Cookies and other technologies

6.1 General information

To make visiting our website attractive and to enable the use of certain functions, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognize your browser on your next visit (persistent cookies). You can find the duration of storage in the overview in the cookie settings of your web browser.

Protection of privacy on end devices

When using our online offer, we use absolutely necessary technologies to be able to provide the expressly desired digital service. The storage of information in your end device or access to information already stored in your end device does not require consent in this respect.

For functions that are not absolutely necessary, the storage of information in your end device or access to information already stored in your end device requires your consent. We point out that if consent is not given, parts of the website may not be fully usable. Any consent you may have given remains valid until you adjust or reset the respective settings in your end device.

Any subsequent data processing by cookies and other technologies

We use technologies that are absolutely necessary for the use of certain functions of our website. Through these technologies, IP address, time of visit, device and browser information as well as information about your use of our website are collected and processed. This serves our overriding legitimate interests in an optimized presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR as part of a balancing of interests.

In addition, we use technologies to fulfill the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this data protection declaration.

Cookie settings

You can find the cookie settings for your browser under the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™

Insofar as you have consented to the use of the technologies in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the data protection declaration. Alternatively, you can click on the data protection button. If cookies are not accepted, the functionality of our website may be limited.

6.2 Consent Manager Platform (CMP)

On our website, we use a consent management service ("Consent Manager Platform (CMP)") to inform you about the cookies and other technologies we use on our website, and to obtain, manage, and document your potentially required consent to the processing of your personal data by these technologies. This is necessary in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR to fulfill our legal obligation according to Art. 7 para. 1 GDPR to be able to prove your consent to the processing of your personal data, to which we are subject. The Consent Manager Platform (CMP) used is an offer from iubenda s.r.l, Via San Raffaele, 1, 20121 Milan, Italy, which processes your data on our behalf.

After you submit your cookie declaration on our website, the web server stores the following data: IP address, device information, browser information, set language, accessed website or its URL, date and time of your consent declaration, and information about your consent behavior.

In addition, the following technologies are used that contain information about your consent behavior: Cookies

Your data will be deleted after 1 day, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR or we reserve the right to further data usage that is legally permitted and about which we inform you in this declaration.

6.3 Information on third country transfers (data transfer to third countries)

We use technologies from service providers on our website whose registered office and/or server locations may be in third countries, outside the EU or EEA. If there is no adequacy decision from the EU Commission for this country, an adequate level of data protection must be ensured by other suitable guarantees.

Suitable guarantees in the form of contractually agreed standard contractual clauses of the EU Commission or binding internal data protection regulations (Binding Corporate Rules) are generally possible, but require a prior check by the contracting parties as to whether an adequate level of protection can be guaranteed. According to the case law of the ECJ, additional protective measures may be necessary for this.
 
We have generally agreed with the technology providers we use who process personal data in a third country, the standard data protection clauses issued by the EU Commission. Wherever possible, we also agree on additional guarantees to ensure that adequate data protection is guaranteed in third countries without an adequacy decision. 

Regardless of this, it can happen that despite all contractual and technical measures, the level of data protection in the third country does not correspond to that of the EU. In these cases, we ask you, if necessary, for your consent in accordance with Art. 49 para. 1 lit. a GDPR for the transfer of your personal data to a third country as part of the cookie consent.
In particular, there is a risk that local authorities in the third country may obtain access rights to your personal data that are not sufficiently restricted from a European data protection perspective, that we as data exporter or you as data subject may not become aware of this, and/or that you may not have sufficient legal remedies available to prevent this and/or to take action against such access. 

The following countries, in particular, are currently considered third countries without an adequacy decision from the EU Commission (example list): 

• China 
• Russia 
• Taiwan 

You can find out which third countries we transfer data to in the data protection notices for the respective tool used and/or the consent management service/Consent Manager Platform (CMP) used by us. 

7. Use of cookies and other technologies

On our website, we use the following cookies and other technologies from third-party providers. Unless otherwise stated for the individual technologies, this is done on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. After the purpose has ceased and the use of the respective technology by us has ended, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section "Cookies and other technologies". Further information, including the basis of our cooperation with the individual providers, can be found with the individual technologies. If you have any questions about the providers and the basis of our cooperation with them, please contact us using the contact option described in this data protection declaration.

Use of Google services

We use the technologies of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google") shown below. The information automatically collected by Google technologies about your use of our website is usually transferred to a Google LLC server, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, and stored there. Unless otherwise specified for the individual technologies, data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 GDPR. Further information on data processing by Google can be found in Google's privacy policy.

Our service providers are located and/or use servers in countries outside Switzerland, the EU and the EEA, for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision. 

Our service providers are located and/or use servers in countries outside Switzerland, the EU and the EEA. For these countries, there is no adequacy decision by the European Commission and the Swiss Federal Council. Our cooperation with them is based on the European Commission's standard contractual clauses. 

 YouTube Video Plugin

For the integration of third-party content, data (IP address, time of visit, device and browser information) is collected via the YouTube Video Plugin in the extended data protection mode we use, transmitted to Google and then processed by Google only when you play a video.

8. Social Media

 Our online presence on Facebook (by Meta), Instagram (by Meta), Youtube, Pinterest

If you have given your consent to the respective social media operator in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR, when you visit our online presences on the social media mentioned above, your data will be automatically collected and stored for market research and advertising purposes, from which usage profiles will be created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your rights and setting options for protecting your privacy, please refer to the providers' privacy policies linked below. If you still need help with this, you can contact us.

Facebook (by Meta) is an offering of Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland ("Meta Platforms Ireland"). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is generally transferred to a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025, USA, and stored there. Data processing during a visit to a Facebook (by Meta) fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.

Our service providers are located and/or use servers in the following countries for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA serves as the basis for third-country transfers, provided that the respective service provider is certified.  Certification is available.

Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Mexico. For these countries, there is no adequacy decision by the European Commission and the Swiss Federal Council. Our cooperation with them is based on these guarantees: Standard contractual clauses of the European Commission.

Our service providers are located and/or use servers in these countries for which the European Commission has determined an adequate level of data protection by decision: Brazil.
For these countries, there is no adequacy decision by the Swiss Federal Council. Our cooperation with them is based on these guarantees: Standard contractual clauses of the European Commission.

Instagram (by Meta) is an offering of Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland ("Meta Platforms Ireland"). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is generally transferred to a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA, Menlo Park, California 94025, USA, and stored there. Data processing during a visit to an Instagram (by Meta) fan page is based on an agreement between jointly responsible parties in accordance with Art. 26 GDPR. Further information (information on Insights data) can be found here.

Our service providers are located and/or use servers in the following countries for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision: USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA serves as the basis for third-country transfers, provided that the respective service provider is certified.  Certification is available.

Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Mexico. For these countries, there is no adequacy decision by the European Commission and the Swiss Federal Council. Our cooperation with them is based on these guarantees: Standard contractual clauses of the European Commission.

Our service providers are located and/or use servers in these countries for which the European Commission has determined an adequate level of data protection by decision: Brazil.
For these countries, there is no adequacy decision by the Swiss Federal Council. Our cooperation with them is based on these guarantees: Standard contractual clauses of the European Commission.

YouTube is an offering of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google about your use of our online presence on YouTube is generally transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, and stored there.

Our service providers are located and/or use servers in countries outside Switzerland, the EU and the EEA, for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision. 

Our service providers are located and/or use servers in countries outside Switzerland, the EU and the EEA. For these countries, there is no adequacy decision by the European Commission and the Swiss Federal Council. Our cooperation with them is based on the European Commission's standard contractual clauses. 

Pinterest is an offering of Pinterest Europe Ltd., Waterloo Exchange, 3rd Floor, Waterloo Road, Dublin 4, Ireland ("Pinterest"). The information automatically collected by Pinterest about your use of our online presence on Pinterest is generally transferred to a server of Pinterest, Inc., 505 Brannan St., San Francisco, CA 94107, USA, and stored there.

Our service providers are located and/or use servers in countries outside Switzerland, the EU and the EEA, for which the European Commission and the Swiss Federal Council have determined an adequate level of data protection by decision. 

Our service providers are located and/or use servers in countries outside Switzerland, the EU and the EEA. For these countries, there is no adequacy decision by the European Commission and the Swiss Federal Council. Our cooperation with them is based on the European Commission's standard contractual clauses. 

9. Contact options and your rights

9.1 Your rights

As a data subject, you have the following rights:

• in accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
• in accordance with Art. 16 GDPR, the right to request the immediate rectification of inaccurate personal data stored by us or the completion thereof;
• in accordance with Art. 17 GDPR, the right to request the erasure of your personal data stored by us, unless further processing is necessary
  • for the exercise of the right to freedom of expression and information;
  • for compliance with a legal obligation;
  • for reasons of public interest, or
  • for the establishment, exercise or defence of legal claims;
• in accordance with Art. 18 GDPR, the right to request the restriction of the processing of your personal data if
  • the accuracy of the data is contested by you;
  • the processing is unlawful, but you object to its erasure;
  • we no longer need the data, but you require it for the establishment, exercise or defence of legal claims, or
  • you have objected to the processing in accordance with Art. 21 GDPR;
• in accordance with Art. 20 GDPR, the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format or to request its transmission to another controller;
• in accordance with Art. 77 GDPR, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

9.2 Contact options

For questions regarding the collection, processing or use of your personal data, for information, correction, restriction or erasure of data, as well as revocation of granted consents or objection to a specific data use, please contact us directly using the contact details in our imprint.