MagicMiracleDesign

Data protection
preamble

With the following data protection declaration we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both within the framework of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”).

The terms used are not gender specific.

As of August 30, 2023
Table of contents

preamble
Responsible person
Overview of processing
Relevant legal bases
Safety measures
Transfer of personal data
International data transfers
Deletion of data
Rights of data subjects
Use of cookies
Business benefits
Use of online platforms for offering and sales purposes
Payment procedure
Provision of online offerings and web hosting
Contact and inquiry management
Changes and updates to the data protection declaration
Definitions of terms

Responsible person

Dennis Bürger
Magic Miracle Design
c/o Postflex #3327
Emsdettener Str. 10
48268 Greven
E-mail address:

info@magic-miracle-design.com
Relevant legal bases

Relevant legal bases according to the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases apply in individual cases, we will inform you of these in the data protection declaration.

Consent (Art. 6 Para. 1 S. 1 lit. a) GDPR) - The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or several specific purposes.
Fulfillment of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR) - Processing is necessary for the performance of a contract to which the data subject is a party or to carry out pre-contractual measures at the request of the data subject take place.
Legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR) - Processing is necessary to fulfill a legal obligation to which the controller is subject.
Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR) - Processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject are infringing on the protection of personal data Data requirements predominate.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national data protection regulations apply in Germany. This includes in particular the law to protect against misuse of personal data during data processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission and automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of the individual federal states may apply.
Overview of processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed

Inventory data.
Payment details.
Contact details.
Content data.
Contract data.
Usage Data.
Meta, communication and procedural data.

Categories of data subjects

Customers.
Interested persons.
Communication partner.
User.
Business and contractual partners.

Purposes of processing

Provision of contractual services and fulfillment of contractual obligations.
Contact inquiries and communication.
Safety measures.
Office and organizational procedures.
Managing and responding to inquiries.
Feedback.
Marketing.
Provision of our online offering and user-friendliness.
Information technology infrastructure.

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring confidentiality, integrity activity and availability of data by controlling physical and electronic access to the data as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure that the rights of those affected are exercised, data are deleted and responses are made to data threats. We also take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

TLS encryption (https): To protect your data transmitted via our online offering, we use TLS encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.
Transfer of personal data

As part of our processing of personal data, the data may be transmitted to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.
International data transfers

Data processing in third countries: If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing in the context of using third-party services or disclosing or transmitting data to other persons , positions or companies, this only takes place in accordance with the legal requirements. If the level of data protection in the third country has been recognized by means of an adequacy decision (Art. 45 GDPR), this serves as the basis for the data transfer. Furthermore, data transfers only take place if the level of data protection is otherwise secured, in particular through standard contractual clauses (Art. 46 Para. 2 lit. c) GDPR), express consent or in the case of contractually or legally required transfer (Art. 49 Para. 1 GDPR). . We will also inform you about the basics of third-country transfers for the individual providers from the third country, with the adequacy decisions taking precedence as the basics. Information on third country transfers and existing adequacy decisions can be found in the EU Commission's information offering: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de.

EU-US Trans-Atlantic Data Privacy Framework: As part of the so-called “Data Privacy Framework” (DPF), the EU Commission has also recognized the level of data protection as secure for certain companies from the USA as part of the adequacy decision of July 10, 2023. The list of certified companies and further information about the DPF can be found on the US Department of Commerce website at https://www.dataprivacyframework.gov/ (in English). As part of the data protection information, we will inform you which service providers we use are certified under the Data Privacy Framework.
Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consent permitted for processing is revoked or other permissions no longer apply (e.g. if the purpose for processing this data no longer applies or it is not necessary for the purpose). Unless the data is deleted because it is required for other legally permissible purposes, its processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Our data protection information may also contain further information on the storage and deletion of data, which applies primarily to the respective processing.
Rights of data subjects

Rights of the data subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:

Right to object: You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Article 6 (1) (e) or (f) of the GDPR to appeal; This also applies to profiling based on these provisions. If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.
Right to revoke consent: You have the right to revoke your consent at any time.
Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with legal requirements.
Right to rectification: In accordance with legal requirements, you have the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.
Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with legal requirements or to request that it be transmitted to another person responsible.
Complaint 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 habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of your data concerns you personal data violates the requirements of the GDPR.

Use of cookies

Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. For example, to save the login status in a user account, the contents of a shopping cart in an e-shop, the content accessed or the functions used of an online offer. Cookies can also be used for various purposes, e.g. for the purposes of the functionality, security and comfort of online offerings as well as the creation of analyzes of visitor flows.

Information on consent: We use cookies in accordance with legal regulations. We therefore obtain prior consent from users, unless this is not required by law. In particular, consent is not necessary if the storage and reading of the information, including cookies, is absolutely necessary in order to provide users with a telemedia service they have expressly requested (i.e. our online offering). Strictly necessary cookies generally include cookies with functions related to the display and operability of the online offering, load balancing, security, storage of users' preferences and choices or similar to the provision of the main and secondary functions of those requested by users purposes related to the online offering. The revocable consent is clearly communicated to the users and contains information on the respective cookie use.

Notes on data protection legal bases: The data protection legal basis on which we process users' personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for processing your data is their declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and improving its usability) or, if this is within the scope of the fulfillment of our contractual obligations, if the use of cookies is necessary for our purposes to fulfill contractual obligations. We will explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing processes.

Storage period: With regard to the storage period, a distinction is made between the following types of cookies:

Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their device (e.g. browser or mobile application).
Permanent cookies: Permanent cookies remain saved even after the device is closed eicherts. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. User data collected using cookies can also be used to measure reach. Unless we provide users with explicit information about the type and storage period of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.

General information on revocation and objection (so-called “opt-out”): Users can revoke the consent they have given at any time and object to the processing in accordance with the legal requirements. To do this, users can, among other things, restrict the use of cookies in their browser settings (which may also limit the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR). Consent (Art. 6 Para. 1 Sentence 1 Letter a) GDPR).

Further information on processing processes, procedures and services:

Processing of cookie data on the basis of consent: We use a cookie consent management process, in which users consent to the use of cookies or the processing mentioned within the cookie consent management process and providers can be obtained and managed and revoked by users. The declaration of consent is saved so that it does not have to be asked again and to be able to prove consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie, or using comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information about the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. Here, a pseudonymous user identifier is created and stored with the time of consent, information about the scope of the consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and device used; Legal basis: Consent (Art. 6 Para. 1 Sentence 1 Letter a) GDPR).

Business benefits

We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the framework of contractual and comparable legal relationships as well as associated measures and as part of communication with the contractual partners (or pre-contractual), e.g. to respond to inquiries answer.

We process this data to fulfill our contractual obligations. This includes, in particular, the obligations to provide the agreed services, any update obligations and remedies in the event of warranty and other service disruptions. In addition, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations and the company organization. In addition, we process the data on the basis of our legitimate interests in proper and business management as well as security measures to protect our contractual partners and our business operations from misuse and jeopardy of their data, secrets, information and rights (e.g. for the participation of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the scope of applicable law, we only pass on the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations. The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, as part of this data protection declaration.

We inform the contractual partners which data is required for the aforementioned purposes before or as part of the data collection, e.g. in online forms, through special marking (e.g. colors) or symbols (e.g. asterisks, etc.), or in person.

We delete the data after the expiry of statutory warranty and comparable obligations, i.e. generally after 4 years, unless the data is stored in a customer account, e.g. as long as it must be retained for legal archiving reasons. The statutory retention period for documents relevant to tax law and commercial books is Iinventories, opening balance sheets, annual financial statements, the work instructions and other organizational documents and accounting documents required to understand these documents are ten years, and for commercial and business letters received and reproductions of the commercial and business letters sent, six years. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance sheet, the annual financial statements or the management report were prepared, the commercial or business letter was received or sent or the accounting document was created and the recording was also made has been made or the other documents have been created.

To the extent that we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

Types of data processed: inventory data (e.g. names, addresses); Payment data (e.g. bank details, invoices, payment history); Contact details (e.g. email, telephone numbers); Contract data (e.g. subject matter of the contract, term, customer category); Usage data (e.g. websites visited, interest in content, access times). Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
Data subjects: customers; Interested persons. Business and contractual partners.
Purposes of processing: provision of contractual services and fulfillment of contractual obligations; Safety measures; Contact inquiries and communication; Office and organizational procedures. Managing and responding to inquiries.
Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR); Legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR). Legitimate interests (Art. 6 Para. 1 Sentence 1 Letter f) GDPR).

Further information on processing processes, procedures and services:

Customer account: Customers can create an account within our online offering (e.g. customer or user account, “customer account” for short). If registration of a customer account is required, customers will be informed of this as well as the information required for registration. Customer accounts are not public and cannot be indexed by search engines. As part of the registration and subsequent logins and use of the customer account, we store the customers' IP addresses along with the access times in order to be able to prove registration and prevent any misuse of the customer account. If the customer account has been terminated, the customer account data will be deleted after the time of termination, unless it is retained for purposes other than provision in the customer account or must be retained for legal reasons (e.g. internal storage of customer data, order processes or invoices). It is the responsibility of customers to secure their data upon termination of the customer account; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR).
Shop and e-commerce: We process our customers' data to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, to carry out the delivery or execution to our customers. We use the services of banks and payment service providers to process payment transactions. The required information is marked as such as part of the ordering or comparable purchase process and includes the information required for delivery, provision and billing as well as contact information in order to be able to hold any consultations; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR).

Use of online platforms for offering and sales purposes

We offer our services on online platforms operated by other service providers. In this context, in addition to our data protection information, the data protection information of the respective platforms applies. This applies in particular with regard to the implementation of the payment process and the procedures used on the platforms for reach measurement and interest-based marketing.

Types of data processed: inventory data (e.g. names, addresses); Payment data (e.g. bank details, invoices, payment history); Contact details (e.g. email, telephone numbers); Contract data (e.g. subject matter of the contract, term, customer category); Usage data (e.g. websites visited, interest in content, access times). Meta, communication and procedural data (e.g. IP address n, time information, identification numbers, consent status).
Affected persons: customers.
Purposes of processing: Provision of contractual services and fulfillment of contractual obligations. Marketing.
Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR). Legitimate interests (Art. 6 Para. 1 Sentence 1 Letter f) GDPR).

Further information on processing processes, procedures and services:

Etsy: online marketplace for e-commerce; Service provider: Etsy, Inc., 55 Washington Street, Suite 712, Brooklyn, NY 11201, USA; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.etsy.com/de. Data protection declaration: https://www.etsy.com/de/legal/privacy/?ref=ftr.

Payment procedure

As part of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the data subjects efficient and secure payment options and use other service providers in addition to banks and credit institutions (collectively "payment service providers").

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. For this purpose, we refer to the general terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers apply to payment transactions, which can be accessed on the respective websites or transaction applications. We also refer to these for further information and to assert cancellation, information and other rights of those affected.

Types of data processed: inventory data (e.g. names, addresses); Payment data (e.g. bank details, invoices, payment history); Contract data (e.g. subject matter of the contract, term, customer category); Usage data (e.g. websites visited, interest in content, access times). Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
Affected persons: customers. Interested persons.
Purposes of processing: Provision of contractual services and fulfillment of contractual obligations.
Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR).

Further information on processing processes, procedures and services:

Klarna: payment services (technical connection of online payment methods); Service provider: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR); Website: https://www.klarna.com/de. Data protection declaration: https://www.klarna.com/de/datenschutz.
Mastercard: payment services (technical connection of online payment methods); Service provider: Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR); Website: https://www.mastercard.de/de-de.html. Data protection declaration: https://www.mastercard.de/de-de/datenschutz.html.
PayPal: Payment services (technical connection of online payment methods) (e.g. PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR); Website: https://www.paypal.com/de. Data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Visa: payment services (technical connection of online payment methods); Service provider: Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, GB; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 Sentence 1 Letter b) GDPR); Website: https://www.visa.de. Data protection declaration: https://www.visa.de/USE Conditions/visa-privacy-center.html.

Provision of online offerings and web hosting

We process users' data in order to be able to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device. Types of data processed: Usage data (e.g. websites visited, interest in content, access times). Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
Data subjects: Users (e.g. website visitors, users of online services).
Purposes of processing: Provision of our online offering and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).). Safety measures.
Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Further information on processing processes, procedures and services:

Provision of online offerings on rented storage space: To provide our online offerings, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also called a “web host”); Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).
Collection of access data and log files: Access to our online offering is logged in the form of so-called “server log files”. The server log files include the address and name of the websites and files accessed, date and time of access, amount of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP address. Addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the servers (particularly in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the utilization of the servers and their stability;
Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

Contact and inquiry management

When you contact us (e.g. by post, contact form, email, telephone or via social media) as well as within the framework of existing user and business relationships, the information provided by the inquiring person is processed to the extent that this is necessary to answer the contact request and any requested measures.

Types of data processed: contact details (e.g. email, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times). Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
Affected persons: communication partners.
Purposes of processing: contact requests and communication; managing and responding to inquiries; Feedback (e.g. collecting feedback via online form). Provision of our online offering and user-friendliness.
Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR). Fulfillment of the contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

Further information on processing processes, procedures and services:

Contact form: If users contact us via our contact form, email or other communication channels, we process the data provided to us in this context to process the request communicated; Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Changes and updates to the data protection declaration

We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

If we provide addresses and contact information for companies and organizations in this data protection declaration, please note that the addresses may change over time and ask you to check the information before contacting us.
Definitions of terms

This section provides an overview of the terms used in this data protection declaration. To the extent that the terms are defined by law, their legal definitions apply. The following explanations, on the other hand, are intended primarily to provide understanding.

Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); as idenA natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, is considered to be tifiable are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Controller: The “controller” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
Processing: “Processing” means any operation or series of operations carried out on personal data, whether or not by automated means. The term is wide-ranging and includes practically every handling of data, be it collecting, evaluating, storing, transmitting or deleting.