Privacy Policy

1) Introduction and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data refers to all data with which you can be personally identified.

1.2 The controller for data processing on this website in the sense of the General Data Protection Regulation (GDPR) is FCB-Design UG (haftungsbeschränkt), In der Dormecke 7, 57392 Schmallenberg, Germany, Tel.: 02972 - 9959578, Email: info@fcb-design.de. The controller for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2) Data Collection When Visiting Our Website

2.1 When using our website for informational purposes only, i.e., if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to the page server (so-called "server log files"). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

• Our visited website
• Date and time of access
• Amount of data sent in bytes
• Source/referrer from which you came to the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 Para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. No disclosure or other use of the data takes place. However, we reserve the right to retrospectively check the server log files if there are concrete indications of illegal use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the string "https://" and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

3.1 Shopify

For hosting our website and displaying the page content, we use the system of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify")

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider's servers. We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.

For data transfers to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

3.2 Cloudflare

We use a Content Delivery Network from the following provider: Cloudflare Inc., 101 Townsend St. San Francisco, CA 94107, USA

This service allows us to deliver large media files such as graphics, page content or scripts faster via a network of regionally distributed servers. The processing is carried out to protect our legitimate interest in improving the stability and functionality of our website in accordance with Art. 6 para. 1 lit. f GDPR. We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.

4) Cookies

To make visiting our website attractive and to enable the use of certain functions, we use cookies, which are small text files stored on your device. Some of these cookies are automatically deleted after closing the browser (so-called "session cookies"), while others remain on your device for a longer period and allow page settings to be saved (so-called "persistent cookies"). In the latter case, you can find the storage duration in the overview of your web browser's cookie settings.

If personal data is also processed by individual cookies used by us, the processing takes place either in accordance with Art. 6 Para. 1 lit. b GDPR for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of a given consent, or in accordance with Art. 6 Para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general.

Please note that if cookies are not accepted, the functionality of our website may be limited.

5) Contacting Us

5.1 Judge.me

For review reminders, we use the services of the following provider: Judge.me Ltd., c/o Buckworths, 2nd Floor, 1-3 Worship Street, London, England, EC2A 2AB, United Kingdom

Exclusively based on your explicit consent in accordance with Art. 6 para. 1 lit. a GDPR, we transmit your email address and, if applicable, other customer data to the provider so that they can contact you with a review reminder via email.

You can revoke your consent at any time with effect for the future to us or the provider.

We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.

For data transfers to the provider's location, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

5.2 When contacting us (e.g. via contact form or e-mail), personal data is processed - exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose.

The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact aims at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted when it can be inferred from the circumstances that the matter concerned has been finally clarified and provided that no statutory retention obligations prevent deletion.

6) Data Processing for Order Handling

6.1 To the extent necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we process the contact data you provided during the order to inform you personally within the scope of our legal information obligations in accordance with Art. 6 Para. 1 lit. c GDPR. Your contact data will be used strictly for the purpose of communicating updates owed by us and will only be processed by us to the extent necessary for the respective information.

To process your order, we also work with the following service provider(s) who assist us wholly or partially in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

6.2 Use of Payment Service Providers

- Apple Pay

If you choose "Apple Pay" as your payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment processing is handled via the "Apple Pay" function of your iOS, watchOS, or macOS device by debiting a payment card stored in "Apple Pay". Apple Pay uses security features integrated into your device's hardware and software to protect your transactions. To authorize a payment, you must enter a code you set previously and verify it using the "Face ID" or "Touch ID" function of your device.

For the purpose of payment processing, the information you provide during the order process, along with information about your order, will be transmitted to Apple in encrypted form. Apple then re-encrypts this data with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay for payment execution. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment is made, Apple sends your device account number and a transaction-specific, dynamic security code to the original website to confirm payment success.

If personal data is processed during the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.

Apple stores anonymized transaction data, including the approximate purchase amount, approximate date and time, and whether the transaction was successfully completed. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve "Apple Pay" and other Apple products and and services.

When you use Apple Pay on your iPhone or Apple Watch to complete a purchase made via Safari on your Mac, the Mac and the authorization device communicate over an encrypted channel on Apple's servers. Apple does not process or store any of this information in a format that can identify you. You can disable the option to use Apple Pay on your Mac in your iPhone settings. Go to "Wallet & Apple Pay" and disable "Allow Payments on Mac".

Further information on data protection with Apple Pay can be found at the following internet address: https://support.apple.com/de-de/HT203027
- Google Pay

If you choose "Google Pay" as your payment method from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), payment processing is carried out via the "Google Pay" application on your mobile device running at least Android 4.4 ("KitKat") and equipped with an NFC function, by debiting a payment card stored in Google Pay or a verified payment system (e.g. PayPal). To authorize a payment via Google Pay exceeding €25, you must first unlock your mobile device using the established verification method (such as facial recognition, password, fingerprint, or pattern).

For the purpose of payment processing, the information you provide during the order process, along with information about your order, will be transmitted to Google. Google then transmits your payment information stored in Google Pay in the form of a unique transaction number to the originating website, with which a successful payment is verified. This transaction number contains no information about the real payment data of your payment methods stored in Google Pay, but is created and transmitted as a uniquely valid numeric token. For all transactions via Google Pay, Google acts only as an intermediary for processing the payment process. The transaction is carried out exclusively between the user and the originating website by debiting the payment method stored in Google Pay.

If personal data is processed during the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.

Google reserves the right to collect, store, and evaluate certain transaction-specific information for every transaction made via Google Pay. This includes the date, time, and amount of the transaction, merchant location and description, a description of the purchased goods or services provided by the merchant, photos you have attached to the transaction, the name and email address of the seller and buyer or sender and recipient, the payment method used, your description for the reason for the transaction, and, if applicable, the offer associated with the transaction.

According to Google, this processing is carried out exclusively in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of the legitimate interest in proper accounting, verification of transaction data and the optimisation and functional maintenance of the Google Pay service.

Google also reserves the right to combine the processed transaction data with other information collected and stored by Google when using other Google services.

The terms of use for Google Pay can be found here:

https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de
Further information on data protection with Google Pay can be found at the following internet address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de
- Klarna

One or more online payment methods from the following provider are available on this website: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

If you choose a payment method from the provider where you pay in advance (e.g. credit card payment), your payment data (including name, address, bank and payment card information, currency and transaction number) and information about the content of your order will be transmitted to this provider in accordance with Art. 6 Para. 1 lit. b GDPR. In this case, your data will only be transmitted for the purpose of payment processing with the provider and only to the extent necessary for this.

When choosing a payment method where the provider pays in advance (e.g. invoice or instalment purchase or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, possibly data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining the creditworthiness of our customers, we transmit this data to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. Based on the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or default risks.

In addition to internal provider criteria, identity and creditworthiness information from the following credit agencies may be included in the decision-making process for the application review, in accordance with Art. 6 para. 1 lit. f GDPR:

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies

The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, but not exclusively, is included in the calculation of the score values.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for contractual payment processing.
- Paypal

One or more online payment methods from the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

If you choose a payment method from the provider where you pay in advance, your payment data (including name, address, bank and payment card information, currency and transaction number) and information about the content of your order will be transmitted to this provider in accordance with Art. 6 Para. 1 lit. b GDPR. In this case, your data will only be transmitted for the purpose of payment processing with the provider and only to the extent necessary for this.

When selecting a payment method where we make an advance payment, you will also be asked to provide certain personal data during the ordering process (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, possibly data on an alternative payment method).

To protect our legitimate interest in assessing your creditworthiness in such cases, we forward this data to the provider for a credit check in accordance with Art. 6 Para. 1 lit. f GDPR. Based on the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experiences), the provider checks whether the payment option you selected can be granted with regard to payment and/or default risks.

The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for contractual payment processing.
- Shopify Payments

One or more online payment methods from the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

If you select a payment method from the provider where you pay in advance (e.g. credit card payment), your payment data communicated during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be forwarded to this provider in accordance with Art. 6 Para. 1 lit. b GDPR. In this case, your data will only be forwarded for the purpose of payment processing with the provider and only to the extent necessary for this purpose.

6.3 Electronic Cancellation Function for Distance Contracts

Consumers who conclude contracts on this website for which there is a statutory right of withdrawal have the option to declare their withdrawal via an electronic cancellation function in accordance with the applicable cancellation provisions.

We use a solution from the following provider to provide the electronic cancellation function: SeedGrow Apps Website Nha Trang, VN.

When using the cancellation function, in addition to information for identifying the contract to be cancelled, other personal information such as the first and last name and the email address of the consumer must be provided or confirmed.

This information is first collected by the provider based on our legitimate interest in a user-friendly, stable and process-optimized solution in accordance with Art. 6 Para. 1 lit. f GDPR, then used to confirm the receipt of the cancellation declaration on our behalf via email, and finally transmitted to us. We then process the transmitted information for the proper processing of the cancellation in accordance with Art. 6 Para. 1 lit. b GDPR and Art. 6 Para. 1 lit. c GDPR on the basis of our legal obligation to provide an electronic cancellation function for paid consumer distance contracts.

The information collected by the provider is routinely deleted after final processing of a cancellation, unless there are legal retention obligations to the contrary.

We have concluded a data processing agreement with the provider, which protects data processed within the framework of the cancellation function and prohibits unauthorized disclosure to third parties.

7) Web analytics services

Shopify Analytics

This website uses the web analysis service of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

Using cookies and/or comparable technologies (tracking pixels, web beacons, algorithms for reading end-device and browser information), the service collects and stores pseudonymized visitor data, including information about the end device used such as the IP address and browser information, to evaluate it for statistical analyses of user behavior on our website and to create pseudonymized usage profiles. This makes it possible, among other things, to evaluate movement patterns (so-called heatmaps) that show the duration of page visits and interactions with page content (e.g. text input, scrolling, clicks and mouse-overs). Pseudonymization generally excludes direct personal identification. A combination with clear data about you collected in other ways does not take place.

All processing described above, in particular the reading or storing of information on the end device used, will only be carried out if you have given us your explicit consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your given consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" provided on the website.

We have concluded a data processing agreement with the provider, which protects the data of our site visitors and prohibits disclosure to third parties.

When data is transmitted to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

8) Site functionalities

8.1 Vimeo

This website uses plugins for the display and playback of videos from the following provider: Vimeo.com, Inc., 330 West 34th Street, 10th Floor, New York, NY 10001, USA

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the provider's servers to load the plugin. In doing so, certain information, including your IP address, is transmitted to the provider.

If the playback of embedded videos is started via the plugin, the provider also uses cookies to collect information about user behavior, create playback statistics and prevent abusive behavior.

If you are logged into a user account with the provider during your visit to the site, your data will be directly assigned to your account when you click on a video. If you do not wish for your data to be assigned to your account, you must log out before activating the playback button.

All of the aforementioned processing, in particular the setting of cookies for reading out information on the end device used, only takes place if you have given us your explicit consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your given consent at any time with effect for the future by deactivating this service via the "Cookie Consent Tool" provided on the website.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.

8.2 Youtube

This website uses plugins for the display and playback of videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data may also be transmitted to: Google LLC., USA

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the provider's servers at the latest at the time of video playback to load the content. In doing so, certain information, including your IP address, is transmitted to the provider.

If the playback of embedded videos is started via the plugin, the provider also uses cookies to collect information about user behavior, create playback statistics and prevent abusive behavior.

If you are logged into a user account with the provider during your visit to the site, your data will be directly assigned to your account when you click on a video. If you do not wish for your data to be assigned to your account, you must log out before activating the playback button.

All of the aforementioned processing, in particular the setting of cookies for reading out information on the end device used, only takes place if you have given us your explicit consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your given consent at any time with effect for the future by deactivating this service via the "Cookie Consent Tool" provided on the website.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.

9) Tools and miscellaneous

Cookie Consent Tool

This website uses a so-called "Cookie Consent Tool" to obtain effective user consent for cookies requiring consent and cookie-based applications. The "Cookie Consent Tool" is displayed to users in the form of an interactive user interface when they access the site, where consent for certain cookies and/or cookie-based applications can be given by checking a box. Through the use of the tool, all cookies/services requiring consent are only loaded if the respective user gives their consent by checking the box. This ensures that such cookies are only set on the respective user's end device if consent has been given.

The tool sets technically necessary cookies to store your cookie preferences. Personal user data is generally not processed here.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Another legal basis for the processing is Art. 6 Para. 1 lit. c GDPR. As the data controller, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user's consent.

If necessary, we have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.

Further information on the operator and the setting options of the Cookie Consent Tool can be found directly in the corresponding user interface on our website.

10) Rights of the data subject

10.1 The applicable data protection law grants you the following data subject rights (rights of access and intervention) against the controller regarding the processing of your personal data, with reference to the legal basis for the respective exercise conditions:

• Right of access in accordance with Art. 15 GDPR;
• Right to rectification in accordance with Art. 16 GDPR;
• Right to erasure in accordance with Art. 17 GDPR;
• Right to restriction of processing in accordance with Art. 18 GDPR;
• Right to notification in accordance with Art. 19 GDPR;
• Right to data portability in accordance with Art. 20 GDPR;
• Right to withdraw consent given in accordance with Art. 7 Para. 3 GDPR;
• Right to lodge a complaint in accordance with Art. 77 GDPR.

10.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST IN THE CONTEXT OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA. FURTHER PROCESSING REMAINS RESERVED, HOWEVER, IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA FOR DIRECT MARKETING PURPOSES.

11) Duration of storage of personal data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and – if applicable – additionally by the respective statutory retention period (e.g. commercial and tax law retention periods).

When processing personal data on the basis of explicit consent in accordance with Art. 6 Para. 1 lit. a GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b GDPR, these data will be routinely deleted after the expiry of the retention periods, unless they are no longer required for the fulfillment or initiation of a contract and/or we no longer have a legitimate interest in continued storage.

When processing personal data on the basis of Art. 6 Para. 1 lit. f GDPR, these data will be stored until you exercise your right to object in accordance with Art. 21 Para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6 Para. 1 lit. f GDPR, these data will be stored until you exercise your right to object in accordance with Art. 21 Para. 2 GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.