Privacy statement & cancellation notice

In the following, we will describe if and how we will process your personal data. “We”, the KUKLA Lifestyle GmbH, Millergasse 42-44/3/12, 1060 Vienna, Austria, hello@madamekukla.com , are the authority responsible within the meaning of the Data Protection Regulation (“DSGVO”).

as of May 24th, 2018 

  1. General information on data processing and legal bases
    1.   This privacy statement describes how, to what extent, and for what purpose personal data is processed within our service offering and the connected web pages, functions, and contents (hereinafter collectively referred to as “website”). This statement applies irrespective of the used domains, systems, platforms, and devices (e.g. desktop or mobile or offline). 
    2. The definitions of the terms used here, like “personal data” or its “processing”, are stated in Art. 4 DSGVO. 
    3. We process personal data only in compliance with the statutory provisions (especially Art. 6 section 1 DSVGO). Thus, data will only be processed, if there is a legal permission; in particular, if data processing is necessary for the fulfillment of our contractual services (e.g. handling of orders) as well as our online services or if it is required by law or if a consent has been provided by you as the user or if there is an overriding justified interest on our part (e.g. interest in analyzing and optimizing our online offer). 
  2. Categories of processed data and legal bases of processing
    1. The personal data (in this case your email address) that has been voluntarily provided by you when registering for our newsletter will be exclusively processed with your (revocable) consent according to Art. 6 section 1 lit a DSGVO.
    2. Other than that we will process the following personal data as part of our offer to complete the contract (Art. 6 section 1 lit b DSGVO) or on the basis of our overriding justified interest (Art. 6 section 1 lit f DSGVO):
      • Inventory data (e.g. names and addresses of customers´ contact persons, phone number, email address),
      • Contractual data (e.g. ordered goods, names of persons responsible, payment information),
      • Usage data (e.g. visited web pages of our online offer, interest in our goods and services),
      • Content data (e.g. entries in contact form, photographs, videos).
  3. Purposes of data processing
    1. The personal data mentioned in item 2 will be processed for the following purposes:
      • Fulfillment of the order made by you and the delivery of goods related thereto;
      • For being able to provide this website and our online offer to you and for improving this website and making it even more user-friendly for you;
      • For creating usage statistics and internet audience measurements;
      • To increase the level of security for the usage of the website as well as for the processing of your orders;
      • To respond to your requests.
    2. Your used personal data derives from the personal details you indicated during the ordering process or is automatically collected when visiting the website (e.g. IP address). If data is obviously misstated by mistake (e.g. gnx.at instead of gmx.at or gmaij.com instead of gmail.com), we will adjust it in particular cases to guarantee proper benefit processing. 
  4. Data transmission to third parties, third-party providers and third countries
    1. A transmission of data only takes place in compliance with the statutory provisions. Thus, we only pass on data, if this is necessary, for instance, to fulfill the contract on the basis of Art. 6 section 1 lit b DSGVO or based on our overriding justified interest in an economic and effective operation according to Art. 6 section 1 lit f DSGVO. 
    2. In case we have to engage subcontractors for fulfilling our services and for efficient and effective maintenance of our company, they shall be exclusively located in countries that provide an adequate level of data protection (e.g. EU, EEA, Switzerland, companies certified within the EU-US Privacy Shield Frameworks or on the basis of officially recognized special contractual obligations – so-called “standard contractual clauses”) according to the arrangements of the European Commission (Art. 45 DSGVO). Where necessary or required, we have additional contractual agreements with our service providers for being able to guarantee an adequate level of data protection. 
    3. We pass on personal data to the following recipients or rather categories of recipients for the above mentioned purposes, unless there are further categories mentioned at the various topics:
      • IT service provider,
      • Logistics company,
      • Payment service provider,
      • Service provider for support at invoicing,
      • Newsletter service provider.
  5. External payment service providers
    1. We use external payment service providers for payment processing. We and our customers may perform payment transactions via their platforms. The following are examples for payment service providers including a link to their privacy statements:
    2. For enabling payment processing, the payment service providers need to process diverse data. This includes inventory data, (e.g. name and address), bank details (e.g. account and credit card number), passwords, TANs, checksums. Without the processing of this data payment processing is not possible. However, this data will only be processed by the payment service provider. We do not receive any account or credit card details, but only positive or negative confirmation regarding payment. Please note the respective terms and conditions and data protection information of the used operators at their websites. If you need further information or if you would like to exercise the rights of the persons affected (information, objection, etc.), please contact the respective payment service provider. 
  6. Google Analytics
    1. At our website, we use Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (short “Google”). Google Analytics uses so-called “cookies”. These are text files which may be saved on your computer and allow an analysis of your use of the website. We use this analysis tool based on our overriding justified interest in obtaining easy-to-use access statistics for our website in a cost-effective way, according to Art. 6 section 1 lit f DSGVO. 
    2. Google is certified according to the Privacy Shield agreement and hereby warrants to adequately respecting European data protection law. 
    3. At our website, we use the possibility provided by Google Analytics for IP anonymization. The IP address is shortened by Google within member states of the EU or treaty states of the EEA and only in exceptional cases it is transmitted to a Google server in the U.S. and shortened there. 
    4. Google uses this information on our account for evaluating your use of the website, for producing reports about website activities, and to perform further services in connection with website and internet usage for us. The IP address transmitted by your browser within the framework of Google Analytics shall not be merged with other data by Google. 
    5. You can avoid the storage of cookies by appropriately adjusting your browser software. Furthermore, you can avoid the collection of data generated by the cookie and relating to your use of the online offer as well as the processing of this data by Google by clicking on the following link and downloading and installing the available browser plug-in:
      http://tools.google.com/dlpage/gaoptout?hl=de.
    6. For more information about the use of data by Google and about configuration options and appeal procedures, please see the web pages of Google:
      https://www.google.com/intl/de/policies/privacy/partners  (“use of data by Google when you are visiting our partners´ websites or apps”),
      http://www.google.com/policies/technologies/ads  (“use of data for advertising purposes”),
      http://www.google.de/settings/ads (“manage the information that Google uses to display advertisements”). 
  7. Cookies & internet audience measurements
    1. At our website, we use so-called cookies. A cookie is a small file or any other form of information storage that may be saved on your computer when you visit a website. Usually, cookies are used to offer additional functions at a website to users (e.g. facilitation of navigation; locating websites that you visited earlier; storage of preferences for repeated use) or to save the interests of our website users and use this information for internet audience measurements and marketing purposes. Cookies cannot access, read, or change any other data on your computer. 
    2. Most of the cookies at our website are so-called session cookies. These are only stored for the duration of your current visit of the website (e.g. for making the use of our shopping cart easier). They are automatically deleted at the end of your visit. Permanent cookies will remain on your computer until you delete them manually. Such permanent cookies allow us to recognize you at your next visit. 
    3. If you do not want cookies to be stored on your computer, please deactivate the corresponding option in the system settings of your browser. You may also block or delete cookies that were already stored in your browser. Regarding tracking you may, for instance, visit
       www.youronlinechoices.com for information on how to object the use of cookies for the purposes of online marketing. Please note that this objection may restrict the functionality of this website. 
  8. Google (Re)Marketing Services
    1. We use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) for marketing and remarketing (short “Google Marketing Services”). We do that on the basis of our justified interest (Art. 6 section 1 lit f DSGVO), which is the interest in optimizing, analyzing and economically operating our online offer. 
    2. Google is certified according to the Privacy Shield agreement and hereby warrants to adequately respecting European data protection law. 
    3. The use of Google Marketing Services enables us to place advertisements for our and at our website more effectively. We only want to show advertisements that you are or could be particularly interested in. If advertisements or ads for products that you were interested in on other websites are shown, this is usually called “remarketing”. 
    4. For these purposes, a Google code will be executed by Google immediately when you are visiting our website or any website that uses Google Marketing Services. Thus, so-called (re)marketing tags are integrated in the website. Those (re)marketing tags are invisible codes or graphics and are also called “web beacons”. Usually, they place an individual cookie, that is to say a small file, on the device of the user. 
    5. The cookies may be placed by different domains (e.g. google.com, googleadservices.com, googlesyndication.com, admeld.com, doubleclick.net, invitemedia.com). The cookie notes which websites you visited, what contents you were interested in, and what offers you clicked on. Also, technical information about browser and operating system, referring websites, visiting time as well as further information on the usage of the online offer is noted. 
    6. Furthermore, your IP address is collected. By using Google Analytics, your IP address is shortened within the EU or the EEA and only in exceptional cases it is transmitted to a Google server in the U.S. and shortened there. Your IP address shall not be merged with other data by Google. The before mentioned information may be merged by Google with similar information from other sources. If you visit other websites afterwards, advertisements specific to your interest may be displayed. 
    7. In the framework of Google Marketing Services user data is processed pseudonymously. For instance, Google does not store and process your name or your email address, but processes relevant data with regard to the cookies within pseudonymous user profiles. Thus, from Google´s point of view the ads are not administered and displayed for a specific identified person, but so to say for the cookie owner. It is irrelevant who this owner really is. This shall not apply, if you have authorized Google explicitly to process your data without pseudonymization. In the framework of Google Marketing Services the information collected about you will be transmitted to Google and stored at their servers in the U.S. 
    8. We also use another Google Marketing Service, “Google AdWords”, an online advertising program provided by Google. In this case, a different “conversion cookie” shall be assigned to every customer of AdWords. Thus, cookies may not be retraced via the websites of AdWords customers. By means of the information collected via the cookie, conversion statistics may be prepared for customers of AdWords. This shall apply for those customers, who have chosen conversion tracking. As a customer of AdWords, we are informed about the total number of users that clicked on our advertisement and were forwarded to a website with a conversion tracking tag. However, we do not receive information that could identify the user. 
    9. For further information on the use of data for marketing purposes by Google please see:
       https://www.google.com/policies/technologies/ads. Please follow this link for the privacy statements of Google: https://www.google.com/policies/privacy.
    10. To object the interest-based advertisement by Google Marketing Services, please use the configuration and opt-out possibilities provided by Google: http://www.google.com/ads/preferences.
  9. Facebook social plugins
    1. On the basis of our justified interest (especially the interest in analyzing and optimizing our online offer according to Art. 6 section 1 lit f DSGVO), we use social plug-ins (“plug-ins”) of the social network facebook.com. Facebook is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (short “Facebook”). The plug-ins may show interaction elements or contents (e.g. text contributions, videos, or graphics). They may be recognized by one of the Facebook logos (white “f” on blue background, the terms “like” or “Gefällt mir”, or the “thumbs-up” sign) or are marked with the addition “Facebook Social Plug-in”. You will find a list and information on the looks of the Facebook Social Plug-ins here:
      https://developers.facebook.com/docs/plugins/.
    2. Facebook is certified by the Privacy Shield agreement. Thus, it guarantees to comply with the “appropriate level of protection” according to the European Data Protection Law  (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
    3. If you use a function of this online offer that contains such a plug-in, your computer establishes a direct connection to the servers of Facebook. The content of the plug-in is directly transmitted to your computer by Facebook and integrated into the online offer. Thus, usage profiles of the users may be created by using the collected data. We have no influence on the amount of data Facebook collects by means of these plug-ins. Therefore, we inform you as our user according to our information status. 
    4. By integrating plug-ins, Facebook receives the information that you as the user visited the respective site of the online offer. In case you are logged into Facebook, Facebook may relate your visit to your Facebook account. In case you interact with the plug-ins, for example by clicking on the Like button or posting a comment, the respective information will be directly transmitted by your computer to Facebook and will be saved there. If you are no member of Facebook, Facebook nevertheless may be able to find out your IP address and save it. Facebook states that in Austria only an anonymized IP address shall be saved. 
    5. To learn more about the purpose and amount of data collection, further processing and usage of data by Facebook as well as the rights and configuration options in order to protect the privacy of the user concerning this matter, please see the data protection notice of Facebook:  https://www.facebook.com/about/privacy/.
    6. If you are a member of Facebook and you do not want Facebook to collect data about you via this online offer and to merge this data with Facebook´s stored member data, you have to log out of Facebook before using our online offer and delete your cookies. For further configuration and objection on the usage of data for advertising purposes, please see the profile settings of Facebook: https://www.facebook.com/settings?tab=ads oder über die USamerikanische Seite http://www.aboutads.info/choices/  or the U.S. website http://www.youronlinechoices.com/. The configurations take place platform-independently, which means that they will be applied at any device, like desktop computer or mobile devices. 
  10. Facebook-, custom audiences and Facebook marketing services (“Facebook-Pixel”)
    1. On the basis of our justified interest in analyzing, optimizing, and economically operating our online offer and in order to fulfill these purposes within our online offer, we use the so-called “Facebook Pixel” of the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). 
    2. Facebook is certified by the Privacy Shield agreement. Thus, it guarantees to comply with the “appropriate level of protection” according to the European Data Protection Law. 
    3. By means of the Facebook Pixel, Facebook is able to determine the users of our online offer as target group for the display of ads (so-called “Facebook Ads”). Thus, we use the Facebook Pixel to show our Facebook Ads only to users who showed interest in our online offer or who have certain features (e.g. interest in certain products that can be determined by means of the visited websites) that are transmitted to Facebook (so-called “Custom Audiences”). By using the Facebook Pixel we also want to ensure that our Facebook Ads correspond to the potential interest of the users and do not have any harmful effect. The Facebook Pixel also enables us to retrace the efficacy of Facebook Advertisement, for statistical and market research purposes, by showing us if users were forwarded to our website after clicking on a Facebook Ad (so-called “Conversion”). 
    4. The Facebook Pixel is directly integrated by Facebook when you visit our website and may save a so-called cookie, a small file, on your device. If you log into Facebook afterwards or visit Facebook when logged in, the visit of our online offer will be noted in your profile. Your collected
      data remains anonymous to us, which means that we are not able to identify you as a user. However, your data is processed and stored by Facebook. Thus, a connection to the respective user profile is possible and may be used by Facebook as well as for marketing and advertising purposes. If we transmit data to Facebook for cross-checking purposes, it will be encrypted locally on your browser and then sent to Facebook via a secured https-connection. This only takes place to compare the data encrypted equally by Facebook. 
    5. The data processing by Facebook takes place according to the privacy statement of Facebook. Please note the general information on the display of Facebook-Ads in the privacy statement of Facebook: https://www.facebook.com/policy.php. For special information and details on the Facebook Pixel and its functioning, please see the help section of Facebook: https://www.facebook.com/business/help/651294705016616.
    6. You may object the recording by the Facebook Pixel and the use of your data for the display of Facebook-Ads. To select, which types of advertisement are shown to you on Facebook, visit this site established by Facebook and follow the information concerning the configuration of usage-based advertisement: https://www.facebook.com/settings?tab=ads. The configurations take place platform-independently, which means that they will be applied at any devices, like desktop computer or mobile devices. 
    7. You may object cookies regarding internet audience measurements and advertising purposes via the deactivation site of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally via the U.S. website  (http://www.aboutads.info/choices) or the European website
      (http://www.youronlinechoices.com/uk/your-ad-choices/)
  11. Our social media channels
    1. We are very committed to our presence in social networks and try to stay in contact there with our customers, prospective customers, and users and inform them about our online offer. As soon as you visit the respective network or platform, the terms and conditions and data protection guidelines of the respective provider shall apply. 
    2. We process the data of the users communicating there with us, for instance if they make postings or send us messages, unless otherwise stated. 
  12. Integrated services and contents of third parties (e.g. YouTube, Google Fonts)
    1. At our website and in addition to our online offer, we use content and service offers of third-party providers to integrate their contents and services, like videos or fonts. This takes place on the basis of our justified interest (Art. 6 section 1 lit f DSGVO), for example our interest in optimizing and economically operating our online offer. 
    2. For providing these services it is necessary for the third-party providers to recognize the IP addresses of the website users. Without the IP address they are not able to send the contents to their browser. Some providers use “pixel tags” (invisible graphics, also called “web beacons”). These are used for statistical or marketing purposes. This “pixel tag” enables the provider to evaluate information such as visitor traffic at the website. It is also possible that pseudonymous information is stored at the browser of the user in form of a cookie and may contain technical information about browser and operating system, referring websites, visiting times as well as further details about the usage of our online offer. This information is partially merged with other sources. 
    3. YouTube: We integrate the videos of the platform “YouTube”. The provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Please follow this link for their privacy statement: www.google.com/policies/privacy/. To opt out click here:  https://adssettings.google.com/authenticated.
    4. Google Fonts: We also integrate the fonts of “Google Fonts”. The provider is as well Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Please follow this link for their privacy statement: www.google.com/policies/privacy/.  To opt out click here:
      https://adssettings.google.com/authenticated
  13. Newsletter & Mailchimp
    1. You may subscribe to our newsletter via our website. Therefore we need your email address and your consent (revocable at any time) about receiving the newsletter. 
    2. The newsletter contains information about our products, new developments concerning the products offered by us, product launches, special offers, raffles, and events of our company as well as our partner companies and suppliers. 
    3. The final registration takes place in the form of a double opt-in: as soon as you have registered for our newsletter, you will get a confirmation email that contains a link for the confirmation of the registration (double opt-in). This prevents others to register with your email address. We store the data necessary for subscribing to the newsletter (e.g. application and conformation date, IP address) for being able to prove the registration process accordingly (Art. 6 section 1 lit f DSGVO). Possible changes of the data stored at the shipping providers are also recorded. 
    4. According to § 107 section 3 TKG, you, as an existing customer, may receive newsletters or other information (direct advertising) from us without separate registration. However, you may object direct advertising already during the ordering process. 
    5. Termination/objection: You may cancel our newsletter or rather object your consent to the receipt at any time. You can do that by clicking on the “unsubscribe” button at the end of every newsletter or by sending an email to us (hello@madamekukla.com). After that, your email address will not be used for advertising purposes anymore. 
    6. Unsubscribed email addresses may be stored for 3 years to prove the lawfulness of the processing before the objection (Art. 6 section 1 lit f DSGVO). If you confirm your consent that existed earlier, we are willing to delete your email address before the expiry of the three-year period. 
    7. We forward our newsletter via “Mailchimp”, a newsletter dispatch platform of the U.S. provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You will find the privacy statement of Mailchimp here:
       https://mailchimp.com/legal/privacy/". The Rocket Science Group LLC is certified by the Privacy Shield agreement. Thus, it guarantees to comply with the appropriate level of protection according to the European Data Protection Law. This delivery service is used on the basis of our justified interests (Art. 6 section 1 lit f DSGVO). Furthermore, we concluded an agreement regarding order management according to Art. 28 DSGVO.
    8. Mailchimp possibly uses the data of the newsletter recipients in pseudonymous form, which means without being able to relate them to the respecting recipient, for optimizing or improving its own services (e.g. technical optimization of the dispatch and presentation of the newsletter or establishment of statistics). However, the data will not be used by Mailchimp to send messages to the recipients and will not be passed on. 
  14. Right of objection
    1. You may object to future processing of your personal data in accordance with the legal requirements at any time; this is particularly relevant for the processing of data for the purposes of direct advertising. In this case, please send an email to hello@madamekukla.com.
  15. Duration of storage
    1. Your stored personal data will be deleted as soon as it is not necessary anymore for the purposes it serves and if no legal obligation exists to keep it. 
    2. We are bound by law, e.g. according to §132 of the Federal Fiscal Law (BAO), to keep accounting documents (e.g. invoices, receipts) for at least seven years (in the case of a legal dispute even longer). 
  16. Your rights in connection with the processing of personal data
    1. You always have the right to gain insight into your personal data or rather to get information about your personal data that was stored by us (right of access), to correct or rather complete incorrect or incompletely saved personal data (right of rectification), to delete your stored personal data (right of erasure), and to restrict it or rather transmit it to a third party, if permitted (right of data transmission). 
    2. Furthermore, you may object any submitted consent (e.g. when registering for the newsletter) at any time. The lawfulness of the data processing on the basis of your consent shall remain unaffected by the objection and is not unlawful due to the subsequent cease of your consent. 
    3. If you are of the opinion that the processing of your data violates data protection law or your data protection rights, please contact us (hello@madamekukla.com or 0043 650 490 7 490 ) and we will try to settle this. You also have the right to complain to the Austrian data protection authority (www.dsb.gv.at) directly at any time.
  17. Amendment of privacy statement
    1. Since the legal basis or our services incl. the associated data processing may change, we reserve the right to adjust this privacy statement accordingly. However, this only applies for data processing declarations. In case we need your consent for data processing or if parts of this privacy statement contain provisions of the contractual relationship with the users, the changes may only take place with your permission. 
    2. Please make sure you are always up-to-date when it comes to the current content of our privacy statement. 

In the event of any conflict or inconsistency between the English and the German version of this privacy statement, the German original shall prevail.

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