Status: May 2022
In the following, we provide you with all information on the processing of your personal data when you call up www.eu.topbrighttoys.com (hereinafter "the website") in accordance with the requirements of Art. 13 of the EU General Data Protection Regulation ("DSGVO").
1. Responsible parties within the meaning of Art. 4 No. 7 DSGVO
1. Persons responsible within the meaning of Art. 4 No. 7 DSGVO
1.1 Responsibility of TOPBRIGHT GmbH
For the processing activities in the context of the use of the website (section 2.1), for the sending and personalisation of the newsletter (section 2.2) and for the TOP BRIGHT account (section 2.3) is the
(hereinafter referred to as "TOP BRIGHT")
responsible for the processing of your personal data.
You can reach our data protection officer at the above address or via our contact form.
1.2 Responsibility of TOPBRIGHT GmbH
For the processing activities in the context of ordering in the online shop (section 2.5) and for customer service (section 2.6), the responsible party is
Telephone: +49 (0) 911 / 81 67 95 89
(hereinafter referred to as "TOP BRIGHT").
You can reach the data protection officers of TOPBRIGHT GmbH at the above address or via our contact form.
2. Processing of your personal data
2.1 Calling up the website
As soon as you call up the website, we process personal data in order to be able to make the website available to you. This involves the following data:
- Your IP address,
- which browser you are using, its version and language settings,
- which operating system you are using,
- Date and time of your access, including difference to Greenwich Mean Time (GMT),
- content of the access (specific web page),
- access status/http status code,
- the website from which the access was made.
The processing of this data is necessary so that we can present the website to you as requested and to ensure the security and stability of the website (Art. 6 para. 1 p. 1 lit. b DSGVO).
This data is stored for the duration of the session and deleted after a maximum of 30 days.
2.2 Personalised newsletter
2.2.1 Subscribing to the newsletter
You have the option to subscribe to the personalised e-mail newsletter of TOPBRIGHT GmbH.
For sending the newsletter, your e-mail address will of course be processed. Furthermore, we also process your IP address and the time at which you registered for the newsletter, so that we can prove the registration and clarify any possible misuse (e.g. in the form of third-party registration). If you have also provided further data, such as your name, we use this data to address you personally in the newsletter.
The data processing, including the sending of the newsletter, only takes place if you have given us your express consent to do so (Art. 6 para. 1 p. 1 lit. a DSGVO).
You can revoke your consent at any time by contacting the data protection officer(s) of the newsletter sender at the address provided or unsubscribe from the newsletter by clicking on the link contained in each newsletter.
2.2.2 Personalisation of the newsletter
In addition, the newsletter is personalised for you on the basis of your interests, so that you are primarily shown content that is of particular interest to you. To this end, we first process the information on which website you registered for the newsletter and whether your registration was in connection with a specific promotion, e.g. a competition. In addition, your user behaviour is evaluated when the newsletter is sent. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are activated when the newsletter is opened and individual contents are clicked on. For the evaluations, your e-mail address, as well as your name and other data if applicable, and your interaction with the newsletter are assigned to an individual code number. In this way, the newsletter sender records whether and when you read the newsletters, which links you click on in them and concludes from this your personal interests in certain content. If we are able to assign this to you, e.g. via your customer account, we also link this information to your customer account and the actions you have taken on the website, for example which content is called up or orders placed. With the data obtained in this way, the newsletter sender creates a user profile in order to tailor the newsletter to your individual interests.
The information is stored for as long as you have subscribed to the newsletter. After you unsubscribe, we delete your personal data or store the data purely statistically and anonymously.
We also personalise the newsletter solely on the basis of your express consent (Art. 6 para. 1 p. 1 lit. a DSGVO).
You can revoke your consent at any time by contacting the data protection officer(s) of the newsletter provider at the address given in section 1.2 or by unsubscribing from the newsletter by clicking on the link contained in each newsletter.
2.3 TOP BRIGHT Account
For certain offers on our website, you can or must create a customer account. You can delete your customer account at any time.
2.4 Orders in the online shop
If you wish to order in our online shop, you have the option of ordering as a guest, creating a TOP BRIGHT customer account (see section 2.3) or using your Amazon account with Amazon Pay.
If you order as a guest, we will use your data exclusively for the processing of your specific order, including delivery to you and the receipt and allocation of your payment. The same applies if you pay using Amazon Pay. If you order using a customer account, the data you provide and your order will also be stored in your customer account. The legal basis is Art. 6 para. 1 p. 1 lit. b DSGVO.
You can delete your customer data and the customer account itself at any time in your customer account; your personal data will then no longer be processed by us. However, we must retain address, payment and order data for ten years due to commercial and tax law retention obligations.
2.5 Customer service
Our customer service processes the personal data provided by you in connection with your service request in order to process your service request. If your request concerns another jurisdiction, your request may be forwarded to the relevant department if and to the extent necessary to process your request. The legal basis is Art. 6 para. 1 p. 1 lit. b DSGVO.
Furthermore, we store your data in order to be able to provide you with the best possible advice for future enquiries.
In the case of complaints, we also store the data to prevent abuse. Furthermore, we carry out anonymised analyses of service requests in order to continuously improve our product and service quality. The legal basis for this is Art. 6 para. 1 p. 1 lit. f DSGVO.
3 Cookies and your setting options
In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in relation to the browser you are using and which provide the party setting the cookie (in this case us) with certain information. Cookies cannot execute programmes or transfer viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
We distinguish between cookies that are mandatory for the technical functions of the website and optional cookies. The latter are used to make the website convenient and functional, to compile anonymous statistics on the use of our website in order to improve it and to show you advertising that is as relevant as possible - both on our website and on third-party websites. You decide which cookies you want to allow. However, you may not be able to use all the features of the websites if you do not allow cookies.
3.2 We use the following categories of cookies:
3.2.1 Technically necessary cookies
These cookies are always necessary so that the website can be displayed, is technically secure and some other basic functions of the website can be provided. The legal basis for their use is Art. 6 para. 1 p. 1 lit. b DSGVO.
These cookies simplify your use of the website and enable more convenient operation. For example, they allow us to show you items that you have placed in the shopping basket on a previous visit or to save other settings that you have made, so that you can always continue where you left off before. The legal basis for this use is your consent (Art. 6 para. 1 p. 1 lit. a DSGVO), which you can revoke at any time by changing your settings, see section 3.3.
These cookies enable TOPBRIGHT GmbH to statistically evaluate the visits and use of our websites. Through these statistics, we can, for example, determine visitor numbers and popular content and use this knowledge to improve our offer and our websites. All these statistics and related data are anonymous. The legal basis for their use is your consent (Art. 6 para. 1 p. 1 lit. a DSGVO), which you can revoke at any time by changing your settings, cf. section 3.3.
These cookies enable us to display content that is personally selected and particularly relevant to you, including advertising, based on your interests. In order to personalise such content for you, we can evaluate your use of the TOP BRIGHT websites of the above-mentioned companies and determine the relevant content and display it to you. For this purpose, we sometimes use external partners who enable us to play out personalised advertising on other websites as well. For this purpose, we transmit your necessary data for the use of our offers to our partners. You can find these in section 3.4 of this data protection declaration. The legal basis for this use is your consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), which you can revoke at any time by changing your settings, see section 3.3.
3.3 Your settings options
Here you can make your personal settings and revoke your consent.
4 Further offers and functions of this website
Insofar as this website contains further offers, in particular limited-time promotions and competitions, but also forms, you will receive information on data protection as well as on the responsible person at the respective offer, insofar as these are not described in this data protection declaration.
5 Possible external recipients of data
5.1 Data processing by order processors
In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
5.2 Passing on data to third parties
Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or, if the offer is described in more detail in this data protection declaration, below.
5.3 Data transfers outside the EEA
If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance when you provide us with your personal data or in the context of this data protection declaration.
6. Your Rights
You have the following rights with regard to personal data concerning you:
Right of access,
Right to rectification or deletion,
Right to restriction of processing,
right to object to processing,
right to data portability.
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.
You can assert these rights against both data controllers. Your enquiry will then be processed by the respective company responsible for the subject matter; for this purpose, your enquiry may be forwarded to the other company if it was received by the company not responsible for the subject matter.
7. Objection to or revocation of the processing of your data
7.1 Revocation of your consent
If you have given your consent to the processing of your data, you may revoke this consent at any time with effect for the future. However, this does not affect the lawfulness of the processing until the revocation.
You will find information on how to revoke your consent in the respective offer. Furthermore, you can contact our data protection officer using the contact details provided. With regard to your cookie consent, you will find the option to revoke your consent under section 3.3. With regard to your newsletter consent, you will find the information under section 2.2.3.
7.2 Objection to data processing in the event of a balance of interests
Insofar as we base the processing of your personal data on the balance of interests (Art. 6 para. 1 p. 1 lit. f DSGVO), you may object to the processing. This is the case if the processing is not necessary, in particular, for the fulfilment of a contract with you, which is shown by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.
7.3 Objection to direct marketing
You may, of course, object at any time to the processing of your personal data for direct marketing purposes and for profiling in connection with such direct marketing (Art. 21 (2), (3) DSGVO). You can inform us of your objection to advertising using the contact details provided in section 1.