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Privacy Policy

Privacy Policy

Data protection declaration

Welcome to our website!
We attach maximum importance to protecting your data and safeguarding your privacy. Therefore, we provide information below regarding collection and use of personal data while using our website.
Responsible for the processing of your data on the website www.brain-effect.com is the Whitewall GmbH. Further information about the responsible persons can be found in the imprint. Our data protection officers can be reached at the following address:

Whitewall GmbH
Berliner Allee 62-66
13088 Berlin

or send an e-mail to: service@brain-effect.com

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
"Personal data" is any information relating to an identified or identifiable natural person.

1. Server log files
You can use our websites without submitting personal data. Every time you access our website, user data is transmitted by your internet browser and stored in protocol files (server log files). This stored data includes e.g. name of the site called up, date and time of the request, amount of data transferred and the provider making the request. This data serves exclusively to ensure smooth operation of our website and to improve our offering. It is not possible to assign this data to a particular person.
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.
In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.


2. Collection, processing, and use of personal data
2.1 when opening a Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.

2.2 when you post a product review
When you comment on an article or a contribution, we collect your personal data (name, email address, comment text) only in the scope provided by you. The processing serves to allow you to comment and to display comments. By submitting the comment you agree to the processing of the transmitted data. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. You personal data will then be deleted.
On publication of your comment only the name you have entered will be published.

2.3 in orders
When you submit an order, we only collect and use your personal data where this is necessary for the fulfilment and handling of your requests. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of art. 6 (1) lit. b GDPR and is required for the fulfilment of a contract with you. We will not forward your data to third parties without your explicit consent. This only excludes our service partners which we require in order to handle the contractual relationship or service providers we use to process an order. Along with the recipients named in the clauses of this data protection declaration, these may be recipients in the following categories: Shipping providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers and dropshipping dealers. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.

Using PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=en_GB

Payment by direct debit, credit card or Sofortüberweisung
If we enter in advance, For example, in the case of a purchase by direct debit, credit card or Sofortüberweisung we obtain a creditworthiness information on the basis of mathematical-statistical procedures at the PAYONE GmbH & Co. KG, Fraunhoferstraße 2-4, 24118 Kiel, Germany to safeguard our legitimate interests. For this purpose, we will transmit the personal data required for a credit check to PAYONE GmbH & Co. KG and use the information received on the statistical probability of a default for a balanced decision on the establishment, implementation or termination of the contractual relationship.

The credit information can contain probability values ​​(score values) which are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data. Your concerns will be considered in accordance with the statutory provisions.

3. Email Newsletters and direct mail advertising
3.1 Use of your email address for mailing of newsletters
We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal. You can unsubscribe from the newsletter at any time using the relevant link in the newsletter or by contacting us. Your email address will then be removed from the distributor.
Your data will be forwarded to a service provider for email marketing in the course of order processing. It will not be forwarded to other third parties.

The newsletter is distributed via MailChimp, a newsletter distribution platform of Rocket Science Group, LLC, 675 Ponce de Leon Ave. NE, Suite 5000, Atlanta, GA 30308 USA. The e-mail addresses of our newsletter recipients and, if applicable, other data collected in connection with the newsletter dispatch are stored on the servers of MailChimp in the USA. MailChimp uses this information for sending and evaluating the newsletters on behalf of BRAINEFFECT. Furthermore, MailChimp may use this information for the purpose of optimizing or improving its own services. However, MailChimp does not use the data of our newsletter recipients to contact them or to pass them on to third parties. MailChimp is certified under the US-EU Privacy Shield, and is committed to complying with EU data protection requirements. In addition, Whitewall GmbH has entered into a 'Data Processing Agreement' with MailChimp on the basis of the EU standard contractual clauses. In it, MailChimp commits to protect the data of our users, to process in accordance with the data protection regulations provided therein and to not passing them on to third parties. The content of this contract can be viewed at the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/

3.2 Use of your email address for mailing of direct marketing
We use your email address, which we obtained in the course of selling a good or service, for the electronic transmission of marketing for our own goods or services which are similar to those you have already purchased from us, unless you have objected to this use. You must provide your email address in order to conclude a contract. Failure to provide it will prevent the conclusion of any contract. The processing will be carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in direct marketing. You can object to this use of your email address at any time by contacting us. You will find the contact details for exercising your right to object in our imprint. You can also use the link provided in the marketing email. This will not involve any costs other than transmission costs at basic tariffs.
The dispatch of the advertising e-mails also takes place via MailChimp (see Mailchimp notes under 3.1).


3.3 Direct mail advertising and your right to object
In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send interesting offers and information about our products by letter. This serves to safeguard our legitimate interests, which are predominantly justified in the context of a weighing up of interests, in a promotional approach by our customers in accordance with Art. 6 (1) lit. f GDPR.

4. Integration of the Trusted Shops Trustbadge

Following an order, the Trusted Shops Trustbadge is incorporated into this web page in order to display our Trusted Shops trustmark for buyers and the eventually collected reviews, as well as the Trusted Shops product offer.

In balancing the various interests, this serves to safeguard our legitimate prevailing interests in an optimised marketing of our offer. The Trustbadge and the services advertised are an offer of Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Köln.

Whenever a Trustbadge is called up, the web server automatically stores a so-called server log file which contains, for example, your IP address, the date and time of retrieval, the data volume transferred and the requesting provider (access data), and documents the retrieval. This access data will not be evaluated and will be automatically overwritten seven days after your visit to the page.

Other personal information will only be transferred to Trusted Shops if you decide, after completing an order, to use Trusted Shops products or have already registered for their use. In this case, the contractual agreement between you and Trusted Shops applies.


5. Cookies, Webanalytics and Remarketing
5.1 Cookies
Our website uses cookies. Cookies are small text files which are saved in a user's internet browser or by the user's internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user's operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again. We use cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
Our website also uses cookies to allow us to analyse the surfing behaviour of visitors to our website.
We also use cookies to address visitors to other websites with targeted marketing relating to their interests.

Processing is carried out on the basis of § 15 (3) TMG (Telemedia Act) as well as art. 6 (1) lit. f GDPR due to our justified interest in the purposes above.
The data collected in this way is pseudonymised using technological measures. It is therefore not possible to connect the data to your person. The data will not be stored together with other personal data pertaining to you. You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences 
Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

5.2 Use of Google Analytics
Our website uses the web analysis service Google Analytics by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The processing of data serves to analyse this website and its visitors. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. The IP address communicated by your browser as part of Google Analytics is not associated with any other data held by Google. Google Analytics uses cookies, which make it possible to analyse your use of the website. The information generated by the cookie regarding your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website. Google uses this to shorten your IP address beforehand within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Your data may be transmitted to the USA. Transmission of data to the USA is covered by an adequacy decision by the European Commission. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in needs-based and targeted design of the website. You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser; we would, however, like to point out that this may prevent you from making full use of all the functions of this website. You can also prevent collection of the data (including your IP address) generated by the cookies and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link https://tools.google.com/dlpage/gaoptout?hl=en. You can set an opt-out cookie to prevent collection by Google Analytics across devices. Opt-out cookies prevent the future collection of your data when you visit this website. You need to opt-out on all systems and devices in use for this to work comprehensively.
You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/ and at https://policies.google.com/?hl=en.

5.3 Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). This function serves to analyse visitor behaviour and visitor interests. Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account. Your data may also be transmitted to the USA. Transmission of data to the USA is covered by an adequacy decision by the European Commission. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in addressing visitors to the website with targeted marketing by displaying personalised interest-related adverts when they visit other websites in the Google display network.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. For this purpose you can permanently deactivate the use of cookies by following the link below and downloading and installing the plug-in: https://support.google.com/ads/answer/7395996?hl=en

Alternatively, you can deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the opt-out instructions. You can find more detailed information on Google remarketing as well as the associated data protection declaration at: https://www.google.com/privacy/ads/

 

5.4 Use of Google Adwords conversion tracking
Our website uses the online marketing programme "Google AdWords", including conversion tracking. Google conversion tracking is a service operated by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google AdWords customer receives a separate cookie. Therefore, it is not possible to track cookies relating to the websites of AdWords customers. The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in targeted marketing and analysis of the effectiveness and efficiency of this marketing.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser. We would, however, like to point out that this may prevent you from making full use of all the functions of this website. You will then not be included in the conversion tracking statistics.You can also deactivate personalised advertising in Google's advertising settings. You can find an introduction to this at https://support.google.com/ads/answer/2662922 You can also deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the opt-out instructions.

You will find more information as well as Google's data protection declaration at: https://www.google.de/policies/privacy/

5.5 Use of Bing Ads (Microsoft Corporation)
This site uses Microsoft's Bing Ads conversion tracking technology (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). Microsoft Bing Ads places a cookie on your computer if you have accessed our website via a Microsoft Bing ad. Cookies are small text files that are stored on your computer system. These cookies lose their validity after 180 days and are not used for personal identification. If the user visits certain pages on this site and the cookie has not expired yet, Microsoft and we can recognize that the user clicked on the ad and was redirected to that page (conversion page). If personal data is processed in this context, this is done in accordance with Art. 6 (1) lit. f DSGVO due to our legitimate interest in effective marketing.
The information obtained using the conversion cookie is used to generate conversion statistics, i. E. track how many users reach a conversion page after clicking on an ad. It tells us the total number of users who clicked on our ad and were redirected to a conversion tracking tag page. However, we do not receive any information that personally identifies users.
US-based Microsoft Corporation is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
If you do not want to participate in tracking, you can opt out by easily disabling the Bing Ads Conversion Tracking cookie through its Internet browser under User Preferences. You will not be included in the conversion tracking statistics. Alternatively, using the EU opt-out site http://www.youronlinechoices.com/uk/your-ad-choices/, you can verify that Microsoft advertising cookies are set in your browser and disable them. For more information about the privacy practices of Microsoft Bing Ads, visit the following Internet address: https://privacy.microsoft.com/en-us/privacystatement

5.6 Use of Facebook remarketing
Our website uses the remarketing function "Custom Audiences" by Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; "Facebook").This function serves to address the visitor to the website with interest-related advertising on the social network Facebook. We have implemented Facebook's remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook's servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in the above purpose.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation.

For this purpose you can deactivate the remarketing function "Custom Audiences" here (). You can find more detailed information on Facebook's collection and use of data, your associated rights and options for protecting your privacy in Facebook's privacy policy: https://www.facebook.com/about/privacy/.

6 Tools and Plugins
6.1 Use of Hotjar
We use Hotjar, an analysis software of Hotjar Ltd. (Hotjar Ltd, Level 2, St Julian's Business Center, 3, Elia Zammit Street, St Julian's STJ 1000, Malta). With Hotjar it is possible to measure and evaluate the usage behavior (clicks, mouse movements, scroll heights, etc.) on the website www.brain-effect.com. It is also possible to use the tool to get feedback directly from users of the www.brain-effect.com website.
When using this tool, Whitewall GmbH pays special attention to the protection of your personal data. Thus, Whitewall GmbH only has access to the information on which buttons are clicked, the mouse's progress, how far scrolled, the screen size of the device, device type and browser information, geographic viewpoint (country only) and preferred language to represent our website. Areas of the website www.brain-effect.com in which personal data of you or third parties are displayed are automatically hidden by Hotjar and are therefore at no time traceable.
Hotjar offers every user the option of using a "Do Not Track header" to prevent the use of the tool Hotjar, so that no data on the visit of the respective website are recorded. This is a setting that supports all common browsers in current versions. For this, your browser sends a request to Hotjar, with the hint to disable the tracking of the respective user. If you use the website www.brain-effect.com with different browsers / computers, you must set up the "Do Not Track header" for each of these browsers / computers separately.
If you want to object to the use of Hotjar, you can opt out at the following link: https://www.hotjar.com/opt-out
The privacy policy of Hotjar Ltd. can be found at:
https://www.hotjar.com/privacy

6.2 Use of SumoMe
This page uses information from the company Sumo Group Inc., 1305 E. 6th St 3, Austin, TX 78702, United States of America. SumoMe uses cookies, which are treated in a separate point of this privacy policy. Through the use of cookies SumoMe accesses the IP address of website visitors, records their click and scroll behavior as well as input in forms, e.g. for a newsletter. This personal information is collected, used and processed and stored on Sumo Group Inc. servers. Due to national or international legal regulations, Sumo Group Inc. may transfer this information to third parties where further processing of the data may take place.
You can contradict the collection and forwarding of your personal data acc. DSGVO, by using anonymization software (eg "TOR-Browser") or disable the execution of Java-Script in your browser (by software like "NoScript" or "Ghostery"). For more information on the privacy policy of SumoMe, please visit the following link: http://www.appsumo.com/privacy/.

6.3 Using SoundCloud
On our pages plugins of the social network SoundCloud (SoundCloud Limited, Berners House, 47-48 Berners Street, London W1T 3NF, United Kingdom.) may be integrated. The SoundCloud plugins can be recognized by the SoundCloud logo on the affected pages.
When you visit our pages, a direct connection is established between your browser and the SoundCloud server after activation of the plugin. SoundCloud receives the information that you have visited our site with your IP address. If you click the "Like" or "Share" button while logged into your SoundCloud account, you may link and / or share the contents of our pages with your SoundCloud profile. This allows SoundCloud to associate your account with our pages. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by SoundCloud. For more information, see the SoundCloud Privacy Statement at https://soundcloud.com/pages/privacy
If you do not want Soundcloud to associate the visit to our pages with your SoundCloud user account, please log out of your SoundCloud user account before enabling content from the SoundCloud plugin.

7. Links to third party websites
Our website may contain links to third party websites. We point out that this privacy policy applies exclusively to the website of Whitewall GmbH. We have no control over this and we do not control that other providers comply with applicable privacy policies.

8. Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.

9. Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.

For questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data and revocation of any given consent or objection to a particular use of data, please contact our company data protection officer

Whitewall GmbH
Berliner Allee 62-66
13088 Berlin

service@brain-effect.com

last update: 24.05.2018