Data protection

SKAJ Ventures GmbH
Sonnenlandstraße 4
14471 Potsdam

Email address: info@wishly.net

Link to the legal notice (Impressum): https://www.wishly.uk/imprint

Types of data processed:
– Master data (e.g. names, dates of birth).
– Contact data (e.g. email).
– Content data (e.g. text entries, photographs).
– Usage data (e.g. web pages visited, interest in content, access times).
– Meta/communication data (e.g. device information).

Categories of data subjects
Visitors and users of the online offering (hereinafter we also refer to the data subjects collectively as "users").

Purpose of processing
– Provision of the online offering, its functions and content
– Responding to contact enquiries and communicating with users
– Security measures
– Reach measurement and marketing

Terminology used

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); a natural person is regarded as identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more special characteristics which are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or series of operations performed on personal data, whether or not by automated means. The term is broad and covers practically every handling of data.

"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.

"Profiling" means any form of automated processing of personal data consisting of the use of those personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

"Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Processor" (Auftragsverarbeiter) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing. Where the legal basis is not stated in this privacy policy, the following applies: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing in order to perform our services and carry out contractual measures as well as to respond to enquiries is Art. 6(1)(b) GDPR; the legal basis for processing in order to fulfil our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing in order to safeguard our legitimate interests is Art. 6(1)(f) GDPR. In the event that vital interests of the data subject or of another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.

Security measures
In accordance with Art. 32 GDPR, and taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access to it, its input, its disclosure, safeguarding its availability and its separation. Furthermore, we have established procedures which ensure the exercise of data subject rights, the erasure of data and a response to any threat to the data. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in line with the principle of data protection by design and by default (Art. 25 GDPR).

Cooperation with processors and third parties
Where, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit data to them or otherwise grant them access to the data, this is done only on the basis of a statutory permission (e.g. where a transmission of the data to third parties, such as payment service providers, is necessary for the performance of the contract pursuant to Art. 6(1)(b) GDPR), where you have consented, where a legal obligation provides for it, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

Where we commission third parties to process data on the basis of a so-called "order processing agreement" (Auftragsverarbeitungsvertrag), this is done on the basis of Art. 28 GDPR.

Transfers to third countries
Where we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)), or where this occurs in the course of using third-party services or disclosing or transmitting data to third parties, this only takes place in order to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we process the data in a third country, or have them processed there, only where the specific requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of particular guarantees, such as the officially recognised finding of a level of data protection equivalent to that of the EU (e.g. for the USA through the "EU-U.S. Data Privacy Framework") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").

Rights of data subjects
You have the right to obtain confirmation as to whether data concerning you are being processed, and to information about such data, as well as to further information and a copy of the data in accordance with Art. 15 GDPR.

In accordance with Art. 16 GDPR, you have the right to request the completion of the data concerning you or the rectification of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data concerned be erased without undue delay, or alternatively, in accordance with Art. 18 GDPR, to request a restriction of the processing of the data.

You have the right to request to receive the data concerning you which you have provided to us in accordance with Art. 20 GDPR and to request their transmission to other controllers.

You also have the right, pursuant to Art. 77 GDPR, to lodge a complaint with the competent supervisory authority.

Right of withdrawal
You have the right to withdraw consent you have given pursuant to Art. 7(3) GDPR with effect for the future

Right to object
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 GDPR. In particular, an objection may be raised against processing for direct marketing purposes.

Cookies and the right to object to direct marketing
"Cookies" are small files that are stored on users' computers. Different information can be stored within cookies. A cookie primarily serves to store the information about a user (or about the device on which the cookie is stored) during or also after their visit within an online offering. Cookies which are deleted after a user leaves an online offering and closes their browser are referred to as temporary cookies, or "session cookies" or "transient cookies". Such a cookie can store, for example, the contents of a shopping basket in an online shop or a login status. Cookies which remain stored even after the browser has been closed are referred to as "permanent" or "persistent". This makes it possible, for example, to store the login status when users return after several days. Such a cookie can likewise store the interests of users, which are used for reach measurement or marketing purposes. Cookies offered by providers other than the controller operating the online offering are referred to as "third-party cookies" (otherwise, where only the controller's own cookies are involved, one speaks of "first-party cookies").

We may use temporary and permanent cookies and provide information about this within our privacy policy.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. Excluding cookies may lead to functional restrictions of this online offering.

A general objection to the use of cookies employed for online marketing purposes can be declared for a large number of services, above all in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by switching them off in the settings of the browser. Please note that in that case it may not be possible to use all functions of this online offering.

Erasure of data
The data processed by us are erased, or their processing is restricted, in accordance with Art. 17 and 18 GDPR. Unless expressly stated within this privacy policy, the data stored by us are erased as soon as they are no longer required for their intended purpose and the erasure does not conflict with any statutory retention obligations. Where the data are not erased because they are required for other, legally permissible purposes, their processing is restricted. This means that the data are blocked and not processed for other purposes. This applies, for example, to data which must be retained for commercial or tax law reasons.

Under the statutory requirements in Germany, data are retained in particular for 10 years pursuant to § 147(1) AO (Abgabenordnung, the German Fiscal Code) and § 257(1) nos. 1 and 4, (4) HGB (Handelsgesetzbuch, the German Commercial Code) (books, records, management reports, accounting vouchers, commercial ledgers, documents relevant for taxation, etc.) and for 6 years pursuant to § 257(1) nos. 2 and 3, (4) HGB (commercial letters).

Under the statutory requirements in Austria, data are retained in particular for 7 years pursuant to § 132(1) BAO (Bundesabgabenordnung, the Austrian Federal Fiscal Code) (accounting records, receipts/invoices, accounts, vouchers, business papers, statements of income and expenditure, etc.), for 22 years in connection with land and property, and for 10 years for documents relating to electronically supplied services and telecommunications, radio and television services which are supplied to non-business customers in EU Member States and for which the Mini One Stop Shop (MOSS) is used.

Business-related processing
In addition, we process

– Contract data (e.g. subject matter of the contract, term, customer category).
– Payment data (e.g. bank details, payment history)

of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Participation in affiliate partner programmes
Within our online offering we use industry-standard tracking measures on the basis of our legitimate interests (i.e. an interest in the analysis, optimisation and economic operation of our online offering) pursuant to Art. 6(1)(f) GDPR, insofar as these are necessary for the operation of the affiliate system. Below we inform users about the technical background.

The services offered by our contractual partners may also be advertised and linked to on other websites (so-called affiliate links or after-buy systems, where, for example, links or third-party services are offered after a contract has been concluded). The operators of the respective websites receive a commission if users follow the affiliate links and subsequently take up the offers.

In summary, it is necessary for our online offering that we are able to track whether users who are interested in affiliate links and/or in the offers available on our site subsequently take up those offers as a result of the affiliate links or of our online platform. For this purpose, the affiliate links and our offers are supplemented with certain values, which can be a component of the link or can be set in another way, for example in a cookie. These values include, in particular, the originating website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking-specific values such as advertising material ID, partner ID and categorisations.

The online identifiers of users which we use are pseudonymous values. This means that the online identifiers themselves do not contain any personal data such as names or email addresses. They only help us to determine whether the same user who clicked on an affiliate link or showed an interest in an offer via our online offering has taken up that offer, i.e. has, for example, concluded a contract with the provider. However, the online identifier is personal data insofar as the partner company and we ourselves hold the online identifier together with other user data. Only in this way can the partner company inform us whether that user has taken up the offer and can we, for example, pay out the bonus.

Amazon partner programme
On the basis of our legitimate interests (i.e. an interest in the economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR) we are a participant in the partner programme of Amazon EU, which was designed to provide a medium for websites by means of which advertising cost reimbursement can be earned through the placement of advertisements and links to Amazon.de (so-called affiliate system). Amazon uses cookies in order to be able to trace the origin of orders. Among other things, Amazon can recognise that you clicked on the partner link on this website and subsequently purchased a product from Amazon.

Further information on the use of data by Amazon and options to object can be found in the company's privacy policy: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.

Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services which we use for the purpose of operating this online offering.

In doing so, we, or our hosting provider, process master data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors of this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing agreement (Auftragsverarbeitungsvertrag)).

Collection of access data and log files
We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR. The access data include the name of the web page accessed, the file, the date and time of the access, the volume of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum period of 7 days and then deleted. Data whose further retention is necessary for evidentiary purposes are exempt from erasure until the respective incident has been finally clarified.

Service providers used
For the operation of this online offering we use the following service providers as processors pursuant to Art. 28 GDPR. Where data are transferred to a third country in the process, we state the relevant basis.

– Vercel Inc., USA: operation and delivery of the website. Processes access data such as IP address, browser identifier and pages accessed. Execution takes place in Frankfurt am Main; processing in further regions cannot be ruled out. Basis for the third-country transfer: EU-U.S. Data Privacy Framework as well as standard contractual clauses. The order processing agreement (Auftragsverarbeitungsvertrag) forms part of the terms of use.

– Databricks, Inc. as the parent company of Neon, LLC, USA: operation of the database in which accounts, wishlists, wishes and subscribers are stored. The storage location is Frankfurt am Main and cannot be changed subsequently. Basis for the third-country transfer: standard contractual clauses. The order processing agreement (Auftragsverarbeitungsvertrag) applies upon use of the services.

– Amazon Web Services, Frankfurt am Main region: storage of the uploaded images as well as their conversion and delivery. The image files and the IP addresses of those retrieving them are processed. The order processing agreement (Auftragsverarbeitungsvertrag) forms part of the AWS service terms; the standard contractual clauses apply automatically.

– Mailjet GmbH, a company of the Sinch group: dispatch of our emails, for example to confirm an address, to reset a password and for reminders. The recipient address and the content of the message are transmitted. The order processing agreement (Auftragsverarbeitungsvertrag) forms part of the terms of use.

– Cloudflare: protection of the login, registration and contact forms against automated access using the Turnstile service. The IP address and technical characteristics of the access are processed. No cookies are set and no cross-site behaviour is evaluated. The order processing agreement (Auftragsverarbeitungsvertrag) forms part of the terms of use.

– Fly.io, Inc., USA: operation of two services which retrieve a product page when you paste in a product link. The address you paste in is transmitted. The servers are located in Frankfurt am Main; the company has its registered office in the USA and is certified under the EU-U.S. Data Privacy Framework. An order processing agreement (Auftragsverarbeitungsvertrag) is currently being concluded.

Recipients acting under their own responsibility and embedded third-party content
The following recipients do not process data on our behalf but under their own responsibility. The privacy notices of the respective provider apply to their processing.

– Awin AG, Berlin: affiliate network. If you click on a product link, your browser is redirected to the merchant via Awin. In this respect, Awin and we are joint controllers pursuant to Art. 26 GDPR.

– Amazon: partner programme as well as retrieval of product data. When you click on an Amazon link, your browser is redirected to Amazon. Amazon is independently responsible for this.

– Merchants' image servers: when a wishlist is displayed, your browser retrieves the product images directly from the respective merchant, unless the image is stored with us. In doing so, the merchant receives your IP address. The same applies if a wishlist is shared in a messenger and a preview is generated there.

– Google Ireland Limited: Google Tag Manager, Google Analytics and Google Ads, described in more detail in the following sections, as well as signing in with a Google account. The Tag Manager container is loaded on every page view; which services subsequently process data depends on your consent, which is not granted by default. When you sign in with Google, we receive your identifier, your name and your email address.

Our own services
The operational monitoring system CoNote and the review widget on the home page are operated by us ourselves. They are not third parties within the meaning of data protection law. The review widget stores only a copy of the displayed reviews in the local storage of your browser, sets no cookies and uses no identifier.

Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus, for example, integrate Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal data of users. With regard to the processing of users' personal data, reference is made to the following information on the Google services. Usage policy: https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics
On the basis of our legitimate interests (i.e. an interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR) we use Google Analytics, a web analytics service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about users' use of the online offering is generally transmitted to a Google server in the USA and stored there.

Google is certified under the EU-U.S. Data Privacy Framework and thereby provides a guarantee that it complies with European data protection law (https://www.dataprivacyframework.gov/list&status=Active).

Google will use this information on our behalf in order to evaluate users' use of our online offering, to compile reports on the activities within this online offering and to provide us with further services associated with the use of this online offering and with internet use. In doing so, pseudonymous usage profiles of the users may be created from the processed data.

We use Google Analytics only with IP anonymisation activated. This means that users' IP addresses are truncated by Google within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.

The IP address transmitted by the user's browser is not merged with other data held by Google. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can furthermore prevent the collection by Google of the data generated by the cookie and relating to their use of the online offering, as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on the use of data by Google, as well as settings and options to object, can be found in Google's privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

Users' personal data are erased or anonymised after 14 months.

Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, prospective customers and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing policies of their respective operators apply.

Unless stated otherwise within our privacy policy, we process users' data insofar as they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

Integration of third-party services and content
Within our online offering, on the basis of our legitimate interests (i.e. an interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").

This always presupposes that the third-party providers of this content are aware of users' IP addresses, since without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may furthermore use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. By means of the "pixel tags", information such as visitor traffic on the pages of this website can be evaluated. The pseudonymous information may furthermore be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, the time of the visit and further details about the use of our online offering, and may also be combined with such information from other sources.

Cookieless reach measurement (our own system)

We measure the use of our online offering with our own cookieless system. We store events such as a page view, the creation of a wishlist or the sharing of a list, each with a timestamp, the page type (never concrete addresses), the domain of the referring website and, where present, campaign parameters. Nothing is stored on or read from your device; no cookies are set and no third-party services are involved.

To recognise repeat visits within a single day, we compute a check value (hash) from the IP address and the technical details of the browser together with a secret random value for that day. The IP address and browser details are used only transiently in memory and are never stored. We delete the daily random value no later than 48 hours after the end of the day; after that, the check value can no longer be linked to any person (Art. 11 GDPR). If you are signed in or use a guest account, events are linked to your account identifier; when your account is deleted, this link is removed.

We delete the event data after 12 months. Daily summaries derived from it contain only counts without any personal reference and are retained. The legal basis is our legitimate interest in measuring and improving our own offering (Art. 6(1)(f) GDPR). You can object to this processing at any time (Art. 21 GDPR) by contacting info@wishly.net.