Privacy policy
1) Information on the collection of personal data and contact details of the data 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. In this context, personal data is all data with which you can be personally identified.
1.2 The responsible party for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is nookees, Gudvangerstr. 57, 10439 Berlin, Germany, Tel.: +4917661080616, e-mail: janina@nookees.com. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the controller). You can recognise an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data collection when visiting our website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to be able to display the website to you:
Our visited website
Date and time of access
Amount of data sent in bytes
Source/reference from which you came to the site
Browser used
Operating system used
IP address used (if applicable, in anonymised form)
The data processing is carried out on the basis of Art. 6 (1) lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.
3) Cookies
In order to make the visit to our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (third-party cookies) to recognise your browser on your next visit (persistent cookies). When cookies are set, they collect and process specific user information such as browser and location data and IP address values as required. Persistent cookies are automatically deleted after a certain time, which may vary depending on the cookie. You can check the duration of the respective cookie storage in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping basket for a later visit to the website). Insofar as personal data is also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the fulfilment of the contract or in accordance with Art. 6 (1) point f GDPR to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the data collected in each case in the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. How you can change your cookie settings is described in the help menu of the respective browser. You can find these for the respective browsers under the following links:
- Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
- Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if you do not accept cookies.
4) Contacting us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your enquiry or contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your enquiry in accordance with Art. 6 (1) point f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified, provided that there are no statutory retention obligations to the contrary.
5) Data processing when opening a customer account and for contract processing
Pursuant to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed if you provide it to us for the purpose of executing a contract or opening a customer account. Which data is collected can be seen from the respective input forms. You have the option of deleting your customer account at any time. This can be done by sending a message to the above address of the data controller. We store and use the data you provide for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to the further use of your data or a legally permissible further use of the data is reserved by our side, about which we inform you accordingly below.
6) Comment function
As a user, you can register for follow-up comments. You will receive a confirmation e-mail to ensure that you are the owner of the e-mail address provided (double opt-in procedure). The legal basis for data processing in the case of comment subscriptions is Art. 6 (1) point a GDPR. You can unsubscribe from ongoing comment subscriptions at any time with effect for the future. For further information on the unsubscribe option, please refer to the confirmation email.
7) Use of customer data for direct advertising
7.1 If you subscribe to our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of other possible data is voluntary and serves the purpose of being able to address you personally. We use the so-called double opt-in procedure for sending newsletters. This means that we will not send you an e-mail newsletter unless you have expressly confirmed that you agree to receive such a newsletter. We will then send you a confirmation e-mail asking you to confirm that you would like to receive future newsletters by clicking on a corresponding link.
By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address provided by your internet service provider (ISP) as well as the date and time of registration so that we can track any misuse of your email address at a later date. The data we collect when you register for the newsletter is used exclusively for the purpose of advertising via the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After you unsubscribe, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to the further use of your e-mail address.
7.2 If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers by e-mail for products similar to those you have already purchased. Pursuant to Section 7 (3) of the Unfair Competition Act (UWG), separate consent from you is not required. In this respect, the data processing is carried out exclusively on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 para. 1 lit. f GDPR. If you have initially objected to the use of your email address for this purpose, we will not send you an email. You have the right to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. In this case, you will only have to pay the transmission costs according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
7.3 Our email newsletters are sent via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (https://mailchimp.com), to whom we pass on the data you provided when registering for the newsletter. This transfer is based on Art. 6 (1) lit. f GDPR and serves our legitimate interest in operating an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send the newsletter on our behalf and to evaluate it statistically. For evaluation purposes, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. This allows us to determine whether a newsletter message was opened and which links were clicked. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively in pseudonymised form and is not linked to other personal data of yours. A direct personal reference is excluded. This data is used exclusively for the statistical evaluation of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
In addition, MailChimp may also use this data in accordance with Art. 6 (1) lit. f GDPR on the basis of its own legitimate interest in the needs-based design and optimisation of the service, as well as for market research purposes, for example to determine which countries the recipients come from. However, MailChimp does not use the data of our newsletter recipients to address them or to pass them on to third parties.
In order to protect your data in the USA, we have concluded a data processing agreement ("Data Processing Agreement") with MailChimp based on the European Commission's standard contractual clauses to enable the transfer of your personal data to MailChimp. If you are interested in viewing this data processing agreement, you can do so at the following internet link: https://mailchimp.com/legal/data-processing-addendum/.
You can view MailChimp's privacy policy at the following link: https://mailchimp.com/legal/privacy/
7.4 Notification of availability of goods by e-mail
If our Online Shop offers the option to notify you by email of the time of availability of selected items that are temporarily unavailable, you can sign up for our product availability email notification service. When you sign up for our product availability email notification service, we will send you a one-time email message about the availability of your selected item. The only mandatory information required to send this notification is your email address. The provision of further data is voluntary and may be used to address you personally. When sending this notification, we use the so-called double opt-in procedure. This means that we will only send you a corresponding notification once you have expressly confirmed that you agree to receive such a message. We will then send you a confirmation email asking you to confirm that you would like to receive such a notification by clicking on a link.
By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for our product availability email notification service, we store your IP address registered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to track any misuse of your email address at a later date. The data we collect when you register for our email notification service about the availability of goods is used solely for the purpose of informing you about the availability of a particular item in our online shop. You can unsubscribe from the goods availability email notification service at any time by sending a message to the data controller mentioned at the beginning of this page. After you have unsubscribed, your e-mail address will be deleted from our distribution list immediately, unless you have expressly consented to the further use of your data or we reserve the right to further use your data in accordance with the statutory provisions, which we inform you about in this statement.
8) Processing of data for the purpose of order processing
8.1 Insofar as it is necessary for the processing of the contract for delivery and payment purposes, we will pass on the personal data we have collected to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) lit. b GDPR.
Insofar as we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally of upcoming updates by suitable means of communication (e.g. by post or e-mail) within the legally prescribed period as part of our legal duty to inform you pursuant to Art. 6 (1) lit. c GDPR. 6 (1) lit. c GDPR. Your contact details will only be used for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also work together with the following service providers, who support us in whole or in part in the execution of the contracts concluded. Certain personal data is transmitted to these service providers in accordance with the following information.
8.2 We work with external shipping partners to fulfil our contractual obligations to our customers. We provide your name as well as your delivery address to a shipping partner selected by us solely for the purpose of delivering goods in accordance with Art. 6 (1) point b GDPR.
8.3 Use of payment service providers
- Apple Pay
If you choose the "Apple Pay" payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, payment processing is carried out via the "Apple Pay" function of your terminal device running iOS, watchOS or macOS by charging a payment card deposited with "Apple Pay". Apple Pay uses security features built into the hardware and software of your device to protect your transactions. In order to release a payment, it is therefore necessary to enter a code previously specified by you and to verify this via the "Face ID" or "Touch ID" function of your terminal device.
For the purpose of payment processing, the information you provide during the checkout process, as well as information about your order, is transmitted to Apple in encrypted form. Apple then encrypts this data again 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 processing. The encryption ensures that only the website from which the purchase was made can access the payment information. After the payment is made, Apple sends your device account number and a transaction-specific dynamic security code to the website from which the payment originated to confirm the payment.
Where personal data is processed during the transfers described above, the processing is solely for the purpose of processing the payment in accordance with Art. 6(1)(b) GDPR.
Apple stores anonymised transaction data, including the approximate amount of the purchase, the approximate date and time and whether the transaction was completed successfully. The anonymisation completely eliminates any reference to individuals. Apple uses the anonymised data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on the iPhone or Apple Watch to complete a purchase made through Safari on the Mac, the Mac and the authorisation device communicate over an encrypted channel on Apple's servers. Apple does not process or store this information in a format that can personally identify you. You can disable the ability to use Apple Pay on your Mac in the iPhone settings. Go to "Wallet & Apple Pay" and uncheck "Allow payments on Mac".
You can find more information about Apple Pay privacy at the following web address: https://support.apple.com/en-gb/HT203027
- Google Pay
If you choose the "Google Pay" payment method of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), the payment will be processed via the "Google Pay" application of your mobile end device with at least Android 4.4 ("KitKat") and an NFC function by loading a payment card deposited with Google Pay or a payment system verified there (e.g. PayPal). For the release of a payment via Google Pay in the amount of more than €25, the prior unlocking of your mobile device by the respective verification measure (e.g. facial recognition, password, fingerprint or pattern) is required.
For the purpose of payment processing, the data you provide as part of the ordering process will be forwarded to Google together with the information about your order. Google then transmits your payment information stored in Google Pay to the originating website in the form of a unique transaction number that is used to verify a payment. This transaction number does not contain any information about the actual payment details of your payment method stored in Google Pay, but is created and transmitted as a one-time valid numeric token. For all transactions via Google Pay, Google only acts as an intermediary to process the payment transaction. The transaction takes place exclusively in the relationship between the user and the website of origin by debiting the means of payment deposited with Google Pay.
Insofar as personal data is processed during the described transfers, 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 analyse certain transaction-specific information for each transaction made via Google Pay. This includes the date, time and amount of the transaction, the location and description of the merchant, a description provided by the merchant of the goods or services purchased, photos that you have attached to the transaction, the name and email address of the seller and the buyer or the sender and the recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction.
According to Google, this processing is carried out exclusively on the basis of Art. 6 para. 1 lit. f DSGVO on the basis of the legitimate interest in proper accounting, the verification of transaction data and the optimisation and maintenance of the functionality 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 Google Pay terms of use can be found here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=en
For more information on Google Pay's privacy policy, please visit the following web address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en
- Paypal
If you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for the payment processing.
PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by instalments" via PayPal. For this purpose, your payment data may be processed on the basis of PayPal's legitimate interest in determining your solvency in accordance with Art. 6 (1) lit. f GDPR. PayPal uses the result of the credit check in relation to the statistical probability of a payment default to decide on the provision of the respective payment method. The creditworthiness information 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 recognised scientific, mathematical-statistical methods. Address data, among other things, is included in the calculation of the score values. Further information on data protection law, including information on the credit agencies used, can be found in PayPal's data protection declaration at: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary to process payments in accordance with the contract.
- Stripe
If you choose a Stripe payment method, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we transfer the information you provided during the ordering process together with information about your order (name, address, account number, bank sort code, bank code if applicable, credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary. For more information on Stripe's privacy policy, please visit: https://stripe.com/gb/privacy
9) Rights of the data subject
9.1 The applicable data protection law grants you the following comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Article 15 of the GDPR: You have the right to obtain the following information: The personal data we process; the purposes of the processing; the categories of personal data processed; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged duration of the storage of the personal data or, if this is not possible, the criteria for determining this duration; the existence of the right to obtain from the controller the rectification or erasure of the personal data or the restriction of the processing of the personal data concerning the data subject or to object to the processing; the right to lodge a complaint with a supervisory authority; where the personal data have not been collected from the data subject, any available information about their origin; the existence of automated decision-making, including profiling, and at least in such cases, meaningful information about the underlying logic and the significance and likely consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 where personal data are transferred to a third country.
- Right to rectification under Article 16 GDPR: You have the right to obtain from the controller the rectification without undue delay of inaccurate personal data relating to you and/or the right to obtain the completion of any incomplete personal data held by us.
- Right to erasure ("right to be forgotten") pursuant to Art. 17 GDPR: You have the right to request the controller to erase the personal data concerning you if the conditions of Art. 17 (2) GDPR are met. However, this right does not apply for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims.
- Right to restriction of processing under Art. 18 GDPR: You have the right to request the controller to restrict the processing of your personal data on the following grounds: While the accuracy of the personal data you dispute is being verified. If you object to the erasure of your personal data because of unlawful processing and instead request the restriction of its use. If you need the personal data for the assertion, exercise or defence of legal claims, as soon as we no longer need this data for the purposes of processing. If you have objected to the processing on grounds relating to your personal situation until it has been verified whether our legitimate grounds override your grounds.
- Right to information pursuant to Article 19 of the GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform each recipient to whom the personal data have been disclosed of any rectification or erasure of the personal data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability under Art. 20 GDPR: You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format or to request that this data be transferred to another controller, if this is technically feasible.
- Right to withdraw consent given in accordance with Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of personal data at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
- Right to complain under Article 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
9.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA USED FOR DIRECT MARKETING PURPOSES. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
10) Duration of storage of personal data
The duration of the storage of personal data depends on the respective legal basis, the purpose of the processing and - if relevant - the respective statutory retention period (e.g. retention periods under commercial and tax law).
If personal data is processed on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, this data is stored until the data subject revokes his/her consent.
If there are statutory retention periods for data processed in the context of legal or similar obligations based on Art. 6 (1) (b) GDPR, this data will be routinely deleted after expiry of the retention periods if it is no longer required for the performance or initiation of the contract and/or if we no longer have a legitimate interest in its continued storage.
Where personal data is processed on the basis of Art. 6 (1) (f) GDPR, such data shall be stored until the data subject exercises his or her right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is for the purpose of asserting, exercising or defending legal claims.
If personal data are processed for the purposes of direct marketing based on Article 6 (1) (f) of the GDPR, such data will be stored until the data subject EXERCISES his or her right to object pursuant to Article 21 (2) of the GDPR.
Unless otherwise specified in the information on specific processing situations contained in this statement, stored personal data shall be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.