Privacy Policy

1) Introduction and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. Below, we inform you about how we handle your personal data when you use our website. Personal data refers to all data that can be used to personally identify you.

1.2 The controller for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Carmelo Cutaia, Hinter dem Heßgarten 7, 51107 Cologne, Germany, Tel.: 017662302550, Email: info@neverloseface.com. The controller for personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

2) Data collection when visiting our website

2.1 If you use our website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the website 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/reference from which you came to the page
Browser used
Operating system used
IP address used (if applicable: in anonymized form)

Processing is carried out in accordance with Art. 6 (1) (f) GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be shared or used for any other purpose. However, we reserve the right to subsequently review 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 character string "https://" and the lock symbol in your browser bar.

3) Hosting & Content Delivery Network

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, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc. or Shopify (USA) Inc.

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

When data is transferred to Canada, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

4) Contact

4.1 Shopify Inbox

This website uses the live chat system of the following provider: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada (“Shopify”).

The processing of personal data transmitted via chat takes place either in accordance with Art. 6 (1) (b) GDPR because it is necessary for the initiation or execution of a contract, or in accordance with Art. 6 (1) (f) GDPR due to our legitimate interest in the effective support of our site visitors.
Your data transmitted in this way will be deleted, subject to any conflicting statutory retention periods, once the matter in question has been conclusively clarified.

In addition, cookies may be used to collect and evaluate additional information for the purpose of creating pseudonymized user profiles. However, this information does not serve to personally identify you and is not merged with other data sets. If this information is personally identifiable, it is processed in accordance with Art. 6 (1) (f) GDPR based on our legitimate interest in the statistical analysis of user behavior for optimization purposes.

Cookies can be prevented by selecting the appropriate browser settings. However, this may limit the functionality of our website.
You can object to the collection and storage of data for the purpose of creating a pseudonymized user profile at any time with future effect.

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc. or Shopify (USA) Inc.

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

When data is transferred to Canada, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

4.2 When you contact us (e.g. via contact form or email), personal data will be processed exclusively for the purpose of processing and answering your request and only to the extent necessary for this purpose.

The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) (f) GDPR. If your contact is for the purpose of entering into a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if the circumstances indicate that the matter in question has been conclusively resolved and provided there are no statutory retention periods to the contrary.

5) Comment function

As part of the comment function on this website, in addition to your comment, information about the time the comment was created and the commenter name you chose will be saved and published on this website. Furthermore, your IP address will be saved for security reasons to enable identification of the author in the event of illegal comments. Your email address will be saved so that we can contact you if a third party should object to your published content as illegal.

The legal basis for storing your data is Art. 6 (1) (b) and (f) GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.

6) Data processing when opening a customer account

In accordance with Art. 6 (1) (b) GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. You can find out which data is required to open an account in the input mask of the corresponding form on our website.

You can delete your customer account at any time by sending a message to the controller's address listed above. After your customer account has been deleted, your data will be deleted provided that all contracts concluded through it have been fully processed, there are no statutory retention periods that conflict with this, and we have no legitimate interest in continuing to store it.

7) Use of customer data for direct marketing

7.1 Registration for our email newsletter

If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information required to receive the newsletter is your email address. Providing additional data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure to send the newsletter, which ensures that you only receive the newsletter after you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the specified email address.

By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) (a) GDPR. We store your IP address entered by your Internet service provider (ISP), as well as the date and time of registration, in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a corresponding message to the person responsible named above. After unsubscribing, your email address will be immediately deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this statement.

7.2 SMS marketing

On our website you have the option to register to receive SMS notifications about current offers, promotions and information about orders placed.

Your mobile phone number is required to send SMS notifications. Providing additional information is voluntary and will be used to contact you personally.

The so-called double opt-in procedure is used to send SMS messages, which ensures that advertising SMS messages are only sent to you after you have expressly confirmed your consent to receive SMS messages by clicking on a verification link sent to the mobile phone number provided.

By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) (a) GDPR. When you register for SMS messaging, the date and time of registration are also saved to detect any possible misuse of your mobile phone number at a later date. The data collected during registration will be used exclusively for the purposes of advertising via SMS messages.

You can unsubscribe from SMS messaging at any time by sending a corresponding message to the person responsible named above, thereby revoking your consent with effect for the future. After unsubscribing, your mobile phone number will be immediately deleted from the mailing list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this statement.

7.3 Shopping cart reminders by email

If you cancel your purchase with us before completing your order, you have the option of being reminded of the contents of your virtual shopping cart by email.

The only mandatory information required to send this reminder is your email address. Providing additional information is voluntary and may be used to contact you personally. We use the so-called double opt-in process to send emails, which ensures that you will only receive a notification after you have expressly confirmed your consent by clicking on a verification link sent to the specified email address.

By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) (a) GDPR to send you a shopping cart reminder. We store your IP address entered by your Internet service provider (ISP), as well as the date and time of registration, in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for our email notification service is used strictly for the intended purpose.

You can unsubscribe from shopping cart reminders at any time by sending a corresponding message to the person responsible named above. After unsubscribing, your email address will be immediately deleted from our mailing list unless you have expressly consented to further use of your data or we reserve the right to use your data in any other way that is permitted by law and about which we will inform you in this statement.

8) Data processing for order processing

8.1 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 (1) (b) GDPR.

If we owe you updates for goods with digital elements or for digital products based on a corresponding contract, we will process the contact information you provided when placing your order (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period via a suitable communication channel (e.g., by post or email) within the scope of our statutory information obligations pursuant to Art. 6 (1) (c) GDPR. Your contact information will be used strictly for the purpose of notifying you about 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 support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

8.2 Transfer of personal data to shipping service providers

- DHL

We use the following provider as our transport service provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Art. 6 (1) (a) GDPR prior to delivery of the goods for the purpose of coordinating a delivery date or providing delivery notification, provided you have given your express consent to this during the ordering process. Otherwise, we will only pass on the recipient's name and delivery address to the provider for the purpose of delivery in accordance with Art. 6 (1) (b) GDPR. This information will only be passed on to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

The consent can be revoked at any time with future effect by contacting the person responsible named above or the provider.

8.3 Use of payment service providers (payment services)

- Amazon Pay

One or more online payment methods from the following provider are available on this website: Amazon Payments Europe sca, 38 avenue JF Kennedy, L-1855 Luxembourg

If you select a payment method from the provider that requires you to make an advance payment (e.g., credit card payment), the payment details you provided during the ordering process (including your name, address, bank and payment card information, currency, and transaction number), as well as information about the content of your order, will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.
- Apple Pay

If you choose to use the "Apple Pay" payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment will be processed using the "Apple Pay" function on your iOS, watchOS, or macOS device by charging a payment card stored with "Apple Pay." Apple Pay uses security features integrated into your device's hardware and software to protect your transactions. To authorize a payment, you will need to enter a previously specified code and verify your payment using your device's "Face ID" or "Touch ID" function.

For payment processing, the information you provided during the ordering process, along with information about your order, is transmitted to Apple in encrypted form. Apple then re-encrypts this data with a developer-specific key before transmitting the data to the payment service provider of the payment card stored in Apple Pay to process the payment. This encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the originating website to confirm the payment.

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

Apple retains anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was successful. This anonymization completely eliminates any personal identification. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.

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

This website offers one or more online payment methods from the following provider: paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany

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 select a payment method that requires the provider to pay in advance (e.g. purchase on account, installment purchase or direct debit), you will also be asked to provide certain personal information (first and last name, street, house number, postal code, town, date of birth, email address, telephone number, and, if applicable, details of an alternative payment method) during the ordering process.

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

In addition to provider-internal criteria pursuant to Art. 6 (1) (f) GDPR, identity and creditworthiness information from the following credit agencies may also be taken into account when making a decision during the application review process:

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). To the extent that score values are included in the credit report results, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is used in the calculation of the score values.

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

This website offers one or more online payment methods from the following provider: PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method from the provider that requires you to make an advance payment, the payment details you provided during the ordering process (including your name, address, bank and payment card information, currency, and transaction number), as well as information about the content of your order, will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent necessary for this purpose.

If you select a payment method for which we make advance payments, you will also be asked to provide certain personal information (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and, if applicable, details of an alternative payment method) during the ordering process.

In such cases, in order to protect our legitimate interest in determining your ability to pay, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 (1) (f) GDPR. The provider will check, based on the personal data you provide and other data (such as shopping cart, invoice amount, order history, and payment experience), whether the payment option you have selected can be granted in light of payment and/or default risks.

This website offers one or more online payment methods from the following provider: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

9) Rights of the data subject

9.1 The applicable data protection law grants you the following data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising these rights:

Right to information pursuant to Art. 15 GDPR;
Right to rectification pursuant to Art. 16 GDPR;
Right to erasure pursuant to Art. 17 GDPR;
Right to restriction of processing pursuant to Art. 18 GDPR;
Right to information pursuant to Art. 19 GDPR;
Right to data portability pursuant to Art. 20 GDPR;
Right to revoke consent given in accordance with Art. 7 (3) GDPR;
Right to lodge a complaint pursuant to Art. 77 GDPR.

9.2 RIGHT OF OBJECTION

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

If you exercise your right to object, we will stop processing the data in question. However, we reserve the right to continue processing if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and freedoms, or if the processing serves to assert, exercise, or defend 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 for such marketing purposes. You can exercise your right of objection as described above.

IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

10) Duration of storage of personal data

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

When processing personal data on the basis of express consent in accordance with Art. 6 (1) (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 transactions or obligations similar to legal transactions on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after the retention periods have expired, provided that they are no longer required to fulfil or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.

When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct advertising on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (2) GDPR.

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