Privacy policy

1. Data Protection at a Glance

General Information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. For detailed information on data protection, please refer to our privacy policy listed below this text.

Data Collection on This Website

Who is responsible for data collection on this website? The data processing on this website is carried out by the website operator. You can find their contact details in the section "Note on the Responsible Body" in this privacy policy.

How do we collect your data? Your data is collected firstly by you providing it to us. This could be, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent when you visit the website by our IT systems. This primarily includes technical data (e.g., internet browser, operating system, or the time of the page call). The collection of this data occurs automatically as soon as you enter this website.

Data Usage

Some data is collected to ensure the error-free provision of the website. Other data may be used to analyze your user behavior.

Your Rights Regarding Your Data

You have the right to receive information about the origin, recipients, and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. In addition, under certain circumstances, you have the right to request the restriction of the processing of your personal data. Furthermore, you have a right to lodge a complaint with the competent supervisory authority.

For this and other questions regarding data protection, you can contact us at any time.

2. Hosting

We host the content of our website with the following provider:

Shopify

Provider: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shopify").

Shopify is a tool for creating and hosting websites. When you visit our website, Shopify collects your IP address as well as information about the device and browser you are using. Shopify also analyzes visitor numbers, visitor sources, and customer behavior, and creates user statistics. If you make a purchase on our website, Shopify also collects your name, email address, delivery and billing addresses, payment information, and other data related to the purchase (e.g., phone number, amount of sales, etc.). For analytics purposes, Shopify stores cookies in your browser.

For details, please refer to Shopify's privacy policy: Shopify Privacy Policy.

The use of Shopify is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in presenting our website as reliably as possible. If consent has been obtained, processing is based exclusively on Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, to the extent that the consent includes storing cookies or accessing information on the user's device (e.g., device fingerprinting) within the meaning of TDDDG. Consent can be revoked at any time.

Data Processing Agreement

We have entered into a data processing agreement (DPA) for the use of the above service. This is a data protection-mandated contract that ensures that the personal data of our website visitors is processed only according to our instructions and in compliance with the GDPR.

3. General Notes and Mandatory Information

Data Protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to personally identify you. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission over the Internet (e.g., communication by e-mail) can have security vulnerabilities. Complete protection of data from access by third parties is not possible.

Responsible Party

The responsible party for data processing on this website is:

Carolyn Murphy
Bohnenbergerring 17
75305 Neuenbürg
Germany

Phone: +49 1512 1458557
Email: hello@dayaway.de

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g., names, email addresses, etc.).

Storage Duration

Unless a specific storage period is specified in this privacy policy, your personal data will remain with us until the purpose for data processing ceases to exist. If you assert a legitimate request for deletion or revoke consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial retention periods); in the latter case, the deletion will occur after these reasons cease to apply.

General Information on Legal Bases for Data Processing on This Website

If you have given your consent to data processing, we process your personal data based on Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR if special categories of data according to Art. 9 (1) GDPR are processed. In the event of explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49 (1) lit. a GDPR. If you have consented to the storage of cookies or access to information on your device (e.g., via device fingerprinting), data processing also occurs based on § 25 (1) TDDDG. Consent can be revoked at any time. If your data is necessary for the performance of a contract or for the implementation of pre-contractual measures, we process your data based on Art. 6 (1) lit. b GDPR. Furthermore, we process your data if required to fulfill a legal obligation based on Art. 6 (1) lit. c GDPR. Data processing may also occur based on our legitimate interests pursuant to Art. 6 (1) lit. f GDPR. The specific legal bases for data processing are detailed in the following paragraphs of this privacy policy.

Recipients of Personal Data

In the course of our business activities, we cooperate with various external entities. This occasionally requires the transfer of personal data to these external entities. We only disclose personal data to external entities if necessary for contract fulfillment, legally mandated (e.g., disclosure to tax authorities), justified by our legitimate interests under Art. 6 (1) lit. f GDPR, or if another legal basis permits data disclosure. When using processors, we only disclose personal data of our customers based on a valid data processing agreement. In cases of joint processing, a joint processing agreement is concluded.

Revocation of Your Consent to Data Processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of data processing prior to revocation remains unaffected by the revocation.

Right to Object to Data Collection in Special Cases and Direct Marketing (Art. 21 GDPR)

If data processing is based on Art. 6 (1) lit. e or f GDPR, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your affected personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims (objection pursuant to Art. 21 (1) GDPR).

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for direct marketing purposes (objection pursuant to Art. 21 (2) GDPR).

Right to Lodge a Complaint with the Supervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, place of work, or place of the alleged infringement. This right to lodge a complaint is without prejudice to other administrative or judicial remedies.

Right to Data Portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent technically feasible.

Information, Correction, and Deletion

Within the framework of applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipients, and the purpose of data processing at any time. You also have a right to correction or deletion of this data. For this purpose and for other questions concerning personal data, you can contact us at any time.

Right to Restriction of Processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this purpose. The right to restrict processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
  • If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.
  • If we no longer need your personal data, but you need it for the exercise, defense, or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
  • If you have objected pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – apart from their storage – may only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

SSL or TLS Encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted Payment Transactions on this Website

If, after the conclusion of a contract, there is an obligation to provide us with your payment details (e.g., account number for direct debit authorization), these data are required for payment processing.

Payment transactions via the usual means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

With encrypted communication, your payment data that you transmit to us cannot be read by third parties.

Objection to Promotional Emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The operators of the website expressly reserve the right to take legal action in the event of unsolicited sending of promotional information, such as spam emails.

4. Data Collection on this Website

Cookies

Our website uses so-called "cookies". Cookies are small data packets that do not harm your device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit. Permanent cookies remain on your device until you delete them yourself or your web browser deletes them automatically.

Cookies can be set by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies allow the integration of certain services from third-party companies within websites (e.g., cookies for processing payment services).

Cookies serve various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g., the shopping cart function or video display). Other cookies may be used to analyze user behavior or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process or to provide certain functions requested by you (e.g., for the shopping cart function) or to optimize the website (e.g., cookies for measuring the web audience) are stored based on Art. 6(1)(f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to store cookies and similar technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6(1)(a) GDPR and § 25(1) TDDSG); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website in the privacy policy.

Server Log Files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Hostname of the accessing computer
  • Time of the server request
  • IP address

These data are not merged with other data sources.

The collection of these data is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – for this purpose, the server log files must be collected.

Contact Form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will not pass on this data without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested; the consent can be revoked at any time.

The data entered by you in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory statutory provisions – especially retention periods – remain unaffected.

Inquiry by Email, Telephone, or Fax

If you contact us by email, telephone, or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of handling your request. We will not pass on this data without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, provided your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6(1)(a) GDPR) and/or on our legitimate interests (Art. 6(1)(f) GDPR), as we have a legitimate interest in the effective processing of inquiries addressed to us.

The data sent by you to us via contact inquiries will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory statutory provisions – especially statutory retention periods – remain unaffected.

Registration on this Website

You can register on our website to use additional features. We will only use the data entered for the purpose of using the respective offer or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject the registration.

We will use the email address provided during registration to inform you of any important changes, such as those to the scope of our offerings or technical changes.

The processing of the data entered during registration is based on your consent (Art. 6(1)(a) GDPR). The data collected during registration will be stored by us as long as you are registered on our website and will subsequently be deleted. Legal retention periods remain unaffected.

5. Newsletter

Newsletter Data

If you would like to receive the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. Further data will not be collected or will only be collected on a voluntary basis. We use a newsletter service provider for the processing of the newsletter, which is described below.

CleverReach: This website uses CleverReach for sending newsletters. The provider is CleverReach GmbH & Co. KG, Schafjückenweg 2, 26180 Rastede, Germany (hereinafter "CleverReach"). CleverReach is a service which organizes and analyzes the distribution of newsletters. The data you provide for the purpose of newsletter subscription (e.g. email address) will be stored on CleverReach's servers in Germany or Ireland.

Our newsletters sent with CleverReach enable us to analyze the behavior of newsletter recipients. Among other things, we can analyze how many recipients have opened the newsletter message and how often which link has been clicked in the newsletter. With the help of so-called conversion tracking, it can also be analyzed whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. For more information on data analysis through CleverReach newsletters, please visit: https://www.cleverreach.com/en/features/reporting-tracking/.

The data processing is based on your consent (Art. 6(1)(a) GDPR). You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

If you do not want CleverReach analysis, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message.

The data you provide us for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data that has been stored for other purposes with us remain unaffected.

After you have been removed from the newsletter distribution list, your email address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings, if this is necessary for data protection reasons. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). The storage in the blacklist is indefinite. You can object to the storage if your interests outweigh our legitimate interest.

For more details, please refer to the CleverReach privacy policy: https://www.cleverreach.com/en/privacy-policy/.

Data Processing Agreement

We have concluded a data processing agreement (DPA) with CleverReach for the use of the above-mentioned service. This is a data protection legally required contract that ensures that CleverReach processes the personal data of our website visitors only according to our instructions and in compliance with GDPR.

6. Plugins and Tools

Google Fonts (Local Hosting)

This site uses so-called Google Fonts for uniform presentation of fonts, which are provided by Google. Google Fonts are installed locally. There is no connection to Google servers.

For more information about Google Fonts, please visit: Google Fonts FAQ and Google Privacy Policy.

Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on this website. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

reCAPTCHA is used to check whether the data entry on this website (e.g., in a contact form) is made by a human or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g., IP address, duration of the website visit, mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyzes run entirely in the background. Website visitors are not notified that an analysis is taking place.

The storage and analysis of the data are based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in protecting its web offerings from abusive automated spying and spam. If consent has been requested, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDSG, insofar as the consent includes the storage of cookies or access to information on the user's device (e.g., device fingerprinting). Consent can be revoked at any time.

For more information about Google reCAPTCHA, please refer to the Google Privacy Policy and Google Terms of Service at the following links: Google Privacy Policy and Google Terms of Service.

The company has a certification under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the United States designed to ensure compliance with European data protection standards for data processing in the United States. Each company certified under the DPF commits to adhering to these data protection standards. For more information, please visit the provider's website at the following link: Data Privacy Framework Participant.

7. eCommerce and Payment Service Providers

Processing of Customer and Contract Data

We collect, process, and use personal customer and contract data to establish, design content, and amend our contractual relationships. We collect, process, and use personal usage data of this website (usage data) only to the extent necessary to enable the user to use the service or to bill them. The legal basis for this is Art. 6(1)(b) GDPR.

The collected customer data will be deleted after completion of the order or termination of the business relationship and expiration of any statutory retention periods. Statutory retention periods remain unaffected.

Data Transmission Upon Contract Conclusion for Online Shops, Merchants, and Shipment of Goods

When you order goods from us, we disclose your personal data to the transport company entrusted with the delivery and to the payment service provider commissioned with the payment processing. Only data necessary for the respective service provider to fulfill its task will be disclosed. The legal basis for this is Art. 6(1)(b) GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures. If you have given your consent pursuant to Art. 6(1)(a) GDPR, we will pass on your email address to the transport company entrusted with the delivery, so that it can inform you by email about the shipping status of your order; you can revoke your consent at any time.

Data Transmission Upon Contract Conclusion for Services and Digital Content

We only transfer personal data to third parties if this is necessary within the scope of contract processing, for example to the bank commissioned with payment processing.

Further transmission of data does not occur or only if you have expressly consented to the transmission. Your data will not be passed on to third parties for advertising purposes without your express consent.

The legal basis for data processing is Art. 6(1)(b) GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures.

Payment Services

We integrate third-party payment services on our website. When you make a purchase from us, your payment data (e.g., name, payment amount, bank details, credit card number) will be processed by the payment service provider for the purpose of payment processing. These transactions are subject to the respective contractual and data protection provisions of the respective provider. The use of payment service providers is based on Art. 6(1)(b) GDPR (contract processing) and in the interest of a smooth, convenient, and secure payment transaction (Art. 6(1)(f) GDPR). If your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consent can be revoked at any time for the future.

The following payment services/payment service providers are used on this website:

  • PayPal: Provider of this payment service is PayPal (Europe) S.à.r.l et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). Details can be found in PayPal's privacy policy: PayPal Privacy Policy.

  • Klarna: Provider is Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Details can be found in Klarna's privacy policy: Klarna Privacy Policy.

  • Shopify Payment: Provider in the EU is Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify Payment"). Details can be found in Shopify Payment's privacy policy: Shopify Privacy Policy.

  • American Express: Provider of this payment service is American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany ("American Express"). Details can be found in American Express's privacy policy: American Express Privacy Policy.

  • Mastercard: Provider of this payment service is Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium ("Mastercard"). Details can be found in Mastercard's privacy policy: Mastercard Privacy Policy.

  • VISA: Provider of this payment service is Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom ("VISA"). Details can be found in VISA's privacy policy: VISA Privacy Policy.