Privacy Policy
PRIVACY POLICY
1. CONTROLLER
The controller responsible for the processing of personal data within the meaning of the General Data Protection Regulation ("GDPR") and other applicable data protection laws is:
ETHEREALEXIST
Jonas Schönherr
Elias-Holl-Straße 5B
86456 Gablingen
Germany
E-mail: Etherealexistcustomerservice@gmail.com
Telephone: +498230690013
("ETHEREALEXIST", "we", "us" or "our")
If you have any questions regarding the processing of your personal data or wish to exercise your data protection rights, you can contact us using the contact details above.
2. GENERAL INFORMATION
We operate the online store and website available at www.etherealexist.com.
Our online store is hosted by Shopify. We also use third-party service providers for purposes including order processing, payment processing, shipping, customer support, analytics, marketing and the internal administration of orders.
Personal data means any information relating to an identified or identifiable natural person.
We process personal data only where permitted under applicable data protection law, in particular where:
- processing is necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract (Art. 6(1)(b) GDPR);
- processing is necessary for compliance with a legal obligation (Art. 6(1)(c) GDPR);
- processing is necessary for the purposes of our legitimate interests or those of a third party, provided that your interests or fundamental rights and freedoms do not override those interests (Art. 6(1)(f) GDPR); or
- you have given your consent to the processing (Art. 6(1)(a) GDPR).
3. PERSONAL DATA WE PROCESS
Depending on how you interact with our online store, we may process the following categories of personal data:
- contact information, such as your name, billing address, shipping address, e-mail address and telephone number;
- account information relating to your customer account;
- order and transaction information, including products ordered, order number, purchase price, payment status, returns, cancellations and previous transactions;
- payment-related information;
- shipping and delivery information;
- communications with us, including customer support inquiries;
- marketing preferences and newsletter information;
- device and technical information, including IP address, browser type, operating system and device information;
- usage information regarding your interaction with our website;
- cookie and similar technology identifiers;
- analytics and advertising information where you have provided the required consent.
4. SOURCES OF PERSONAL DATA
We may collect personal data:
- directly from you when you place an order, create a customer account, contact us, subscribe to marketing communications or otherwise provide information to us;
- automatically when you use our website, including through cookies and similar technologies;
- from Shopify and service providers acting on our behalf;
- from payment, shipping and other service providers where necessary to provide our services or process transactions.
5. ORDERS AND PERFORMANCE OF CONTRACTS
When you place an order, we process the personal data required to process and fulfil your order.
This may include your name, billing and delivery address, e-mail address, telephone number, order details, payment information, shipping information and information concerning returns or cancellations.
The processing is necessary for the performance of the contract or for pre-contractual measures pursuant to Art. 6(1)(b) GDPR.
Where processing is required to comply with statutory accounting, tax or other legal obligations, processing is based on Art. 6(1)(c) GDPR.
We disclose personal data only to service providers and other recipients to the extent necessary for processing the order, payment, delivery or other associated services.
6. SHOPIFY
Our online store is hosted and operated using services provided by Shopify International Limited, 2nd Floor, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify").
Shopify processes personal data in connection with your access to and use of our online store in order to provide the technical infrastructure and functionality of the store.
Information submitted through our online store may therefore be transmitted to and processed by Shopify and its service providers.
Depending on the processing activity, Shopify may process personal data on our behalf or act as an independent controller for certain processing activities.
Further information about Shopify's processing of personal data is available in Shopify's privacy information:
https://www.shopify.com/legal/privacy
7. SHOPIFY NETWORK INTELLIGENCE AND ENHANCED SERVICES
We have enabled Shopify Network Intelligence and use Shopify Enhanced Services.
In connection with these services, Shopify may process information about your interactions with our store together with information concerning your interactions with Shopify and other Shopify merchants.
These Enhanced Services may be used to:
- provide a more personalized shopping experience;
- improve products and services;
- understand how customers interact with our store and advertisements;
- improve store performance;
- provide more relevant advertising; and
- improve fraud prevention and security.
For these purposes, information about your activity in our store may be shared with and processed by Shopify as well as third parties involved in providing these services, including recipients located outside your country.
For certain processing activities relating to Shopify Network Intelligence and Enhanced Services, Shopify acts as an independent controller and is responsible for responding to requests concerning Shopify's processing of personal data for these purposes.
You can find further information in the Shopify Consumer Privacy Policy:
https://www.shopify.com/legal/privacy/app-users
Depending on your jurisdiction, you may also exercise certain privacy choices or opt out of certain uses of your personal data through the Shopify Privacy Portal:
https://privacy.shopify.com/
8. INTERNAL ORDER MANAGEMENT – AIRTABLE AND MAKE
For the internal administration and processing of orders, customer inquiries, shipping processes and related business operations, we use Airtable and Make.
Certain personal data received through Shopify or our customer support channels may therefore be transferred automatically through Make to Airtable.
Depending on the relevant process, this may include:
- name;
- e-mail address;
- shipping and billing address;
- telephone number;
- order number;
- ordered products;
- order and payment status;
- shipping and tracking information;
- customer inquiries; and
- internal information necessary to process an order or support request.
Make is used to automate data transfers and workflows between the systems used by us.
Airtable is used as an internal database and operational management system for processing orders and customer-related workflows.
Where this processing is necessary to fulfil and administer an order or respond to an order-related request, the legal basis is Art. 6(1)(b) GDPR.
Where the processing serves the efficient administration, documentation and organization of our business processes, processing may additionally be based on our legitimate interests pursuant to Art. 6(1)(f) GDPR.
Our legitimate interest consists in the efficient, secure and structured administration of our e-commerce operations.
9. SHIPPING – SENDCLOUD AND SHIPPING PROVIDERS
We use Sendcloud for shipping management, shipping label creation, shipment processing and tracking.
For this purpose, personal data necessary for shipment may be transmitted to Sendcloud and the respective shipping provider.
Depending on the shipment, this may include:
- name;
- delivery address;
- e-mail address;
- telephone number, where required;
- order information;
- shipment information; and
- tracking information.
Sendcloud processes personal data on our behalf in connection with the provision of its shipping platform.
Depending on the selected shipping method and destination, personal data may also be transmitted to the respective carrier, in particular DHL, or to other shipping and logistics providers displayed or used for the respective shipment.
The processing is carried out primarily for the performance of the contract pursuant to Art. 6(1)(b) GDPR.
Where separate consent is legally required for optional shipping notifications or other additional services, such processing is carried out on the basis of Art. 6(1)(a) GDPR.
10. PAYMENT PROCESSING
We offer various payment methods through our Shopify checkout.
Depending on the payment method selected by you, personal data required for processing the payment may be transmitted to the relevant payment service provider.
Payment service providers available in our store may include, depending on the customer's location and the respective checkout:
- Shopify Payments;
- Stripe;
- PayPal;
- Klarna;
- Shop Pay;
- Apple Pay;
- Google Pay; and
- other payment methods displayed during checkout.
The information transmitted may include your name, billing information, transaction information, payment amount, currency, order information and other information necessary for processing the payment.
The processing of payment information necessary for the execution of your purchase is based on Art. 6(1)(b) GDPR.
The respective payment service provider may process personal data under its own responsibility in accordance with its applicable privacy policy, including where necessary for fraud prevention, identity verification, regulatory compliance or credit assessment.
The payment methods actually available to you are displayed during checkout.
11. CUSTOMER SUPPORT
If you contact us by e-mail, through our online support form or through another customer support channel, we process the information provided by you in order to respond to and manage your inquiry.
This may include your name, e-mail address, order number, message content and other information that you voluntarily provide.
We use Google services, including Gmail, for the handling of e-mail communications.
Customer support inquiries and related order information may also be transferred through Make to Airtable in order to assign, document and process support requests.
Where your inquiry relates to an existing contract or pre-contractual measures, processing is based on Art. 6(1)(b) GDPR.
For other inquiries, processing is based on our legitimate interest in responding to and managing communications with customers and other persons pursuant to Art. 6(1)(f) GDPR.
12. MARKETING COMMUNICATIONS AND SHOPIFY MESSAGING
We use Shopify Messaging and related Shopify functionality to manage marketing communications.
If you have given your consent, we may use your contact information, in particular your e-mail address, to send you newsletters, information about products, promotions and other marketing communications.
Processing for such marketing communications is based on your consent pursuant to Art. 6(1)(a) GDPR.
You may withdraw your consent at any time with effect for the future, including by using the unsubscribe link provided in marketing e-mails.
Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
We may retain information necessary to document your consent or withdrawal where required to demonstrate compliance with applicable law.
Technical information relating to marketing communications, such as delivery, opening, clicking or unsubscribe information, may be processed to administer and evaluate our marketing communications, subject to applicable consent requirements.
13. COOKIES AND SIMILAR TECHNOLOGIES
Our website uses cookies and similar technologies.
Some technologies are necessary for the operation, security and functionality of the website and online store.
Where access to or storage of information on your device is strictly necessary to provide a service expressly requested by you, such technologies may be used in accordance with the applicable statutory requirements, including § 25(2) TDDDG.
Personal data resulting from the use of technically necessary technologies may be processed on the basis of Art. 6(1)(b), Art. 6(1)(c) or Art. 6(1)(f) GDPR, depending on the respective purpose.
Other technologies, in particular analytics, advertising and marketing technologies, are used only where the required consent has been obtained.
In these cases, access to or storage of information on your device is based on your consent pursuant to § 25(1) TDDDG and the subsequent processing of personal data is based on Art. 6(1)(a) GDPR.
You can manage or withdraw your consent at any time through the privacy or cookie settings provided on our website.
Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
14. SHOPIFY PRIVACY & COMPLIANCE
We use Shopify's privacy and consent management functionality to manage customer privacy choices and, where applicable, obtain and document consent regarding cookies and similar technologies.
For this purpose, Shopify may process technical information such as your IP address, device information and your consent preferences.
The processing serves to comply with applicable data protection and privacy requirements and is based, where applicable, on Art. 6(1)(c) GDPR and our legitimate interest in managing and documenting privacy preferences pursuant to Art. 6(1)(f) GDPR.
15. SHOPIFY ANALYTICS
We use Shopify's analytics functionality to understand how visitors use our online store and to evaluate and improve the performance of our website and business.
Depending on your privacy choices and the respective functionality, information such as device and browser information, IP address, pages and products viewed, referring website, interactions with our store and transaction-related information may be processed.
Where the processing involves technologies requiring consent, such processing takes place only after the required consent has been provided and is based on § 25(1) TDDDG and Art. 6(1)(a) GDPR.
You can withdraw your consent at any time through the privacy or cookie settings provided on our website.
16. GOOGLE ANALYTICS
We use Google Analytics to analyse the use of our website and improve our online store.
Google Analytics is a web analytics service provided by Google. For users in the European Economic Area, relevant Google services are generally provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google").
Google Analytics may process information concerning your use of our website, including:
- device and browser information;
- IP address;
- approximate location derived from technical information;
- pages viewed;
- interactions with the website;
- referral information;
- timestamps;
- cookie or device identifiers; and
- other usage and analytics information.
Google Analytics and associated technologies are used subject to your consent where required.
The use of cookies or similar technologies is based on your consent pursuant to § 25(1) TDDDG. The processing of personal data for analytics purposes is based on Art. 6(1)(a) GDPR.
You can withdraw your consent at any time through the privacy or cookie settings available on our website.
Further information about Google's processing of personal data is available in Google's privacy policy:
https://policies.google.com/privacy
17. META PIXEL
Subject to your consent, we use the Meta Pixel provided by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland ("Meta").
The Meta Pixel enables us to measure the effectiveness of advertising, understand how visitors interact with our online store and create or optimize advertising audiences.
Depending on your interaction with our website, Meta may receive information including:
- IP address;
- browser and device information;
- pages and products viewed;
- interactions with our website;
- purchase or conversion events;
- cookie or similar identifiers; and
- other technical and usage information.
Where applicable, Meta and we may act as joint controllers for the collection and transmission of certain event data to Meta in accordance with Meta's applicable Business Tools terms.
Meta may subsequently process the transmitted information for its own purposes in accordance with its privacy policy.
The use of the Meta Pixel and associated non-essential technologies is based on your consent pursuant to § 25(1) TDDDG and Art. 6(1)(a) GDPR.
You can withdraw your consent at any time through the privacy or cookie settings available on our website.
Further information about Meta's processing of personal data is available at:
https://www.facebook.com/privacy/policy/
18. EXTERNAL LINKS AND SOCIAL MEDIA
Our website may contain links to external websites and social media platforms, including Instagram and Pinterest.
These are ordinary external links unless otherwise stated. Merely displaying such a link does not mean that personal data is automatically transmitted by us to the operator of the linked website.
If you click an external link, you leave our website and the respective third-party provider may process personal data under its own responsibility.
The privacy policies of the respective third-party providers apply to their websites and services.
19. INTERNATIONAL DATA TRANSFERS
Some of the service providers used by us or their subprocessors may process personal data outside Germany or the European Economic Area ("EEA").
Where personal data is transferred to a country for which the European Commission has adopted an adequacy decision, the transfer may be based on that adequacy decision.
Where no applicable adequacy decision exists, transfers may be based on appropriate safeguards under Art. 46 GDPR, in particular the European Commission's Standard Contractual Clauses, where applicable.
Other transfer mechanisms permitted under applicable data protection law may also apply depending on the relevant service provider and processing activity.
Further information regarding the safeguards applicable to a particular processing activity may be requested from us using the contact details stated in this Privacy Policy.
20. DATA RETENTION
We retain personal data only for as long as necessary for the purposes for which it was collected or as required by applicable law.
Personal data relating to orders and contracts may be retained after completion of the contract where necessary to comply with statutory commercial, accounting and tax retention obligations.
Customer support communications are retained for as long as necessary to process the relevant request and may subsequently be retained where required for contractual documentation, the establishment, exercise or defence of legal claims, or statutory retention obligations.
Where processing is based on consent, personal data may be processed until you withdraw your consent unless another legal basis permits or requires further storage.
Once the relevant purpose no longer applies and no statutory retention obligation or other legal basis requires continued storage, the personal data will be deleted or anonymized.
21. SECURITY
We take appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access.
However, no transmission or storage system can guarantee absolute security.
You are responsible for keeping your customer account credentials confidential and should not disclose your password or other account access information to third parties.
22. YOUR RIGHTS UNDER THE GDPR
Where the GDPR applies, you have the following rights subject to the applicable statutory requirements:
- Right of access (Art. 15 GDPR);
- Right to rectification (Art. 16 GDPR);
- Right to erasure (Art. 17 GDPR);
- Right to restriction of processing (Art. 18 GDPR);
- Right to data portability (Art. 20 GDPR);
- Right to object to processing (Art. 21 GDPR); and
- Right to withdraw consent at any time with effect for the future (Art. 7(3) GDPR).
Where processing is based on Art. 6(1)(f) GDPR, you have the right to object to the processing on grounds relating to your particular situation.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing.
Where processing is based on consent, withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
You can exercise your rights by contacting us using the contact details provided in Section 1.
23. RIGHTS RELATING TO SHOPIFY
For certain processing activities connected with Shopify Network Intelligence and Enhanced Services, Shopify acts as an independent controller.
Requests relating specifically to personal data processed independently by Shopify may therefore also be directed to Shopify.
Further information is available through:
Shopify Consumer Privacy Policy:
https://www.shopify.com/legal/privacy/app-users
Shopify Privacy Portal:
https://privacy.shopify.com/
24. RIGHT TO LODGE A COMPLAINT
You have the right under Art. 77 GDPR to lodge a complaint with a competent data protection supervisory authority if you believe that the processing of your personal data infringes applicable data protection law.
The supervisory authority responsible for our establishment is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach
Germany
Website: https://www.lda.bayern.de/
25. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy where necessary, for example due to changes in our services, technologies, service providers or applicable legal requirements.
The current version is available on our website.