Privacy policy

Privacy Policy

Name and address of the data controller

Responsible in the sense of the General Data Protection (GDPR), other data protection laws applicable in the member states of the EU and other regulations with data protection character is the:

Teresa Holtmann & Nemo Holtmann GbR
Manfred-von-Richthofen-Str.20
12101 Berlin
USt-ID: 317289002
Partners: Teresa Holtmann, Nemo Holtmann

Security and protection of your personal data

This Privacy Policy describes how www.nemoboards.com (the “Site” or “we”) collects, uses, and discloses your personal information when you visit or make a purchase from the Site. The website is hosted by the Internet service provider Domainfactory. According to the provider, the servers are located in Germany.

We consider it our primary responsibility to maintain the confidentiality of the personal information you provide to us and to protect it from unauthorised access. We therefore take the utmost care and apply the latest security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

• Your consent (Article 6(1) lit. a) GDPR);
• The performance of the contract between you and the Site (Article 6(1) lit. b) GDPR);
• Compliance with our legal obligations (Article 6(1) lit. c) GDPR);
• To protect your vital interests (Article 6(1) lit. d) GDPR);
• To perform a task carried out in the public interest (Article 6(1) lit. e) GDPR);
• For our legitimate interests, which do not override your fundamental rights and freedoms (Article 6(1) lit. f) GDPR).

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at mail [at] nemoboards [dot] com or by mail using the details provided below:

Teresa Holtmann & Nemo Holtmann GbR
Manfred-von-Richthofen-Str.20
12101 Berlin

If you make contact with us proactively via email, we will collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request. If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1) lit. b) GDPR. If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1) lit. f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1) lit. f) GDPR.

We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods unless you have agreed to further processing and use.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what personal information we collect and why.

• Device information
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processor Shopify.
• Personal information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.

• Order information
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processor Shopify.
• Personal information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.

The processing of the personal data is carried out on the basis of Article 6(1) lit. b) in order to fulfil a contract with you as well as on the basis of Article 6(1) lit. f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.

Sharing Personal Information

We share your personal information with service providers to help us provide our services and fulfill our contracts with you according to Article 6(1) lit. b) GDPR, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy.
• We may share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

We use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
• We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a) GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a) GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.

You can opt out of targeted advertising by:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

Using Personal Information

We use your personal information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Newsletter

We use your email address outside of contractual processing exclusively to send you a newsletter for our own marketing purposes, if you have explicitly agreed to this. The processing of your data will be conducted based on Article 6(1)(a) of the GDPR, with your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing carried out prior to the withdrawal with your consent. To unsubscribe from the newsletter, you can use the provided link in the newsletter itself or contact us directly. Upon doing so, your email address will be promptly removed from our mailing list.

Retention

When you place an order through the Site, we will retain your personal information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
• Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.

Cookies

Our website uses cookies. A cookie is a small amount of information that is downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you do not have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it is their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

We use these technically necessary cookies to make our offering more secure, effective and user-friendly. Cookies also enable our systems to recognize your browser when you navigate between pages and provide you with services. Some functionalities of our website are dependent on the use of cookies. These services require the browser to be recognized again after a page change.

The use of cookies or similar technologies is conducted in accordance with Article 25(2) of the TTDSG. The processing is based on Article 6(1) lit. f) of the GDPR, as it is necessary for our legitimate interest in ensuring the optimal functionality of the website and providing a user-friendly and effective design of our services.

You have the right to object to this processing of your personal data under Article 6(1) lit. f) of the GDPR, based on reasons related to your specific situation.

Reporting and Analytics

The use of cookies or comparable technologies is carried out with your consent on the basis of Art. 25 para. 1 p. 1 TTDSG in conjunction with Art. 6 para. 1 lit. a) GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a) GDPR. You can withdraw your consent at any time without affecting the legality of the processing carried out with your consent up to the withdrawal.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

Your computer will store cookies, giving you complete control over their usage. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Your rights

Rights of the affected person

If you are a resident of the EEA, you have the following rights according to Articles 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on Article 6(1) GDPR, and to processing for the purposes of direct marketing, according to Article. 21(1) GDPR. If you would like to exercise these rights, please contact us through the contact information above.

Duration of storage

Your personal information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

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

Right to object

If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1) lit. f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.

If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defense of legal claims.

Complaints

You have the right to complain to the regulatory authority according to Article 77 GDPR if you believe that your data is not being processed legally. As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [Add contact information or website for the data protection authority in your jurisdiction. For example: https://ico.org.uk/make-a-complaint/]

Version: December 19, 2023