KILLSTAR PRIVACY POLICY

Last Updated: 24th June, 2021

This Privacy Policy explains how Draco Distribution, Inc., Draco Distribution LTD, Draco Distribution GmbH, and their respective subsidiaries and affiliated companies, each doing business as Killstar (collectively, “Killstar,” “we,” or “us”), collect, use, and disclose your personal data (hereinafter also referred to as “data”). This Privacy Policy applies to all processing of personal data carried out by us when you use our websites, mobile applications, and other online products and services that link to this Privacy Policy (collectively, our “Services”), shop in our websites, currently located at killstar.com, us.killstar.com, and eu.killstar.com, contact our customer service team, engage with us on social media, or otherwise interact with us.

With regard to the terms used in our EU Privacy Policy which addresses to the use or users who are subject to the General Data Protection Regulation (GDPR), such as "processing" or "person responsible/responsible person", we refer to the definitions in the GDPR (see Art. 4 GDPR). Furthermore, we want to advise users who are subject to the GDPR of the rights they are entitled to under GDPR, the so-called data subject rights.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

 

CONTENTS

RESPONSIBLE PERSON

OVERVIEW OF THE PROCESSING

RELEVANT LEGAL BASES

SAFETY MEASURES

SHARING OF INFORMATION

TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

DATA PROCESSING IN THIRD COUNTRIES

USE OF COOKIES

CHILDREN

RIGHTS OF DATA SUBJECTS

YOUR CHOICES

GET IN TOUCH

 

RESPONSIBLE PERSON

Responsible for data processing within the meaning of the GDPR is

Chris Anderson - Managing Director

KILLSTAR
Draco Distribution GmbH
Holzhauser str 140
13509 Berlin
Germany

Tel.: +49162 743 0938
Email: chrisa@killstar.com
 

Contact person for all data protection matters within KILLSTAR is:

For individuals in the European Union/EEA: Chris Anderson, chrisa@killstar.com, +49162 743 0938

For individuals in Switzerland: Chris Anderson, chrisa@killstar.com, +49162 743 0938

 

OVERVIEW OF THE PROCESSING

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Information You Provide to Us

We collect information you provide directly to us. For example, you share information directly with us when you create an account, fill out a form, submit content through our Services, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us. The types of personal information we may collect include your name, email address, postal address, phone number, credit card and other payment information (although note that we do not store full credit card numbers as all payment transactions are processed by our third-party payment processors), and any other information you choose to provide, such as your social media handles.

Information We Collect Automatically When You Interact with Us

When you access or use our Services or otherwise transact business with us, we automatically collect certain information, including:

  • Activity Information: We collect information about your activity on our Services, such as items you look at on our website, search terms you enter, session recordings, and other activity on our Services.
  • Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
  • Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.
  • Location Information: We may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).
  • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness (such as opening of emails, forwarding of emails, clicking of links, and time, date, and frequency of activity). For more information about cookies and how to disable them, see our Cookie Policy and the Your Choices section below.

Information We Collect from Other Sources

We obtain information from third-party sources. For example, we may collect information about you from payment processors, advertising networks, e-commerce platforms, social media providers, and data analytics providers.

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address or infer that you may qualify for free shipping thresholds or are looking to purchase certain products based on your browsing behavior and past purchases.

Types of Processed Data

  • Inventory data (e.g. names, addresses)
  • Content data (e.g. entries in online forms)
  • Contact details (e.g. email, telephone numbers)
  • Meta/communication data (e.g. device information, IP addresses)
  • Usage data (e.g. websites visited, interest in respect of content, access times)
  • Contract data (e.g. subject of the contract, contract term, customer category)
  • Payment data (e.g. bank details, invoices, payment history)
  • Event data (Facebook) (“Event data” are data that can be transmitted from us to Facebook, for example via Facebook pixels (via apps or in other ways) and relate to people or their actions; these data include, for example, information about visits to websites, interactions with content, functions, installation of apps, purchases of products, etc.; the event data is processed in order to create target groups for content and advertising information (custom audiences); event data do not contain the actual content (such as written comments), no login information and no contact information (i.e. no names, email addresses and telephone numbers). Facebook will delete event data after a maximum of two years formed target groups with the deletion of our Facebook account).

Categories of Data Subjects

  • Customers
  • Business and contractual partners
  • Employees (e.g. employees, applicants, former employees)
  • Interested persons
  • Communication partner
  • Users (e.g. website visitors, users of online services)

Purposes of Processing

We use the information we collect to provide, maintain, and improve our Services. The Purposes of processing your personal data are: 

  • Provision of our online offer and improvement of user-friendliness
  • Processing of transactions and returns, and sending you related information, including confirmations, receipts, invoices, customer experience surveys, and recall notices;
  • Conversion measurement (measurement of the effectiveness of marketing measures)
  • Office and organizational procedures
  • Click tracking and affiliate tracking
  • Marketing and Direct marketing (e.g. by email or post)
  • Heatmaps (mouse movements on the part of the user, which are summarized into an overall picture)
  • Contact requests and communication; Communication about products, services, and events offered by Killstar and others and provision of news and information that we think will be of interest you (see the Your Choices section below for information about how to opt out of these communications at any time)
  • Profiles with user-related information (creation of user profiles)
  • Range measurement (e.g. access statistics, recognition of returning visitors)
  • Safety measures; Detecting, investigating and preventing security incidents and other malicious, deceptive, fraudulent or illegal activity and protection of the rights and property of Killstar and others
  • Provision of contractual services and customer service
  • Management and answering of inquiries, sending you technical notices, security alerts, and support and administrative messages; responding to your comments and questions and providing customer service
  • Target group formation (determination of target groups relevant for marketing purposes or other output of content)
  • Provision and administration our loyalty program
  • Monitor and analyze trends, usage, and activities in connection with our Services;
  • Personalization of the advertisements on third-party platforms and websites (for more information, see the Advertising and Analytics section below)
  • Personalization of the advertisements when using our Services based on information provided by our advertising partners
  • Facilitation of contests, sweepstakes and promotions and processing and delivering entries and rewards;
  • Compliance with our legal and financial obligations
  • Carrying out any other purpose described to you at the time the information was collected
  • Recruiting, applicant management and establishment of employment relationships

Processing in the Context of our Business Services

We may process personal data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) in the context of contractual, pre-contractual and comparable legal relationships as well as related measures and in the context of communication with these contractual partners, e.g. to answer requests.

We process these data to fulfill our contractual obligations, to ensure our rights to fulfill our administrative tasks as well as for purposes of our business organization. We only pass on these data to third parties within the framework of applicable law and to the extent that this is necessary for the aforementioned purposes, to fulfill legal obligations or with the consent of the persons concerned (e.g. to telecommunications, transport and other auxiliary services involved as well Subcontractors, banks, tax and legal advisors, payment service providers or tax authorities).

We will delete data after the expiry of statutory warranty and comparable obligations, unless the data is stored in a customer account, e.g. as long as it legally has to be kept for archiving reasons (e.g. for tax purposes). We delete data that has been disclosed to us by the contractual partner in the context of an order in accordance with the specifications of the order, generally after the end of the order.

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and privacy policies of the respective third-party providers or platforms apply within the relationship between the users and the providers.

 

Customer account: Customers/contractual partners can create an account (KILLSTAR VIP account) within our online offer. If the registration of a customer account is required, contractual partners will be informed of this as well as the information required for registration. Customer accounts are not public and cannot be indexed by search engines. As part of the registration as well as subsequent logins and uses of the customer account, we save the IP-addresses of the customers along with the access times in order to be able to prove the registration and prevent any misuse of the customer account.

If customers have terminated their customer account, any data relating to the customer account will be deleted, subject to their retention being required for legal reasons. It is the customer's responsibility to secure their data if the customer account is terminated.

 

Economic analyzes and market research: For economic reasons and in order to be able to recognize market trends, wishes of the contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc., whereby contractual partners, interested parties, customers, Visitors and users of our online offer can fall.

The analyzes are carried out for the purpose of business evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we can, if available, take into account the profiles of registered users including their details, e.g. on services used. The analyzes exclusively serve us and therefore will not be disclosed externally, unless they are anonymous analyzes with summarized, i.e. anonymized, values. We take the privacy of users very seriously and, if possible, process the data for analysis purposes pseudonymized respectively anonymized, if feasible (e.g. as summarized data).

 

Shop and e-commerce: We process your data as customers in order to enable you to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, to carry out the delivery or execution for our customers. We use the services of banks and payment service providers to process payment transactions. The information required is marked as such in the context of the order or comparable purchase process and includes the information required for delivery or provision and billing as well as contact information in order to be able to confer with our customers, if necessary.

Payment Methods

In the context of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the data subjects efficient and secure payment options and use other service providers in addition to banks and credit institutions (collectively, “payment service providers”).

 The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sum and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and the data protection information of the payment service providers.

 

Used services and service providers:

  • Signifyd: commerce protection platform; Service provider: Signifyd Inc. 2540 North First Street, Suite 300, San Jose, CA 95131; Website: https://www.signifyd.com; Privacy Policy: https://www.signifyd.com/privacy/
  • AfterPay: payment processing after receipt of the goods; Service provider: Arvato Payment Solutions GmbH, Gütersloher Str. 123, 33415 Verl under the name of AfterPay; Privacy Policy: https://www.myafterpay.com/de-de/compliance/dataprotection
  • Klarna: instant bank transfer; payment services; Service provider: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden; Website: https://www.klarna.com/de/; Privacy Policy: https://www.klarna.com/de/datenschutz/
  • PayPal: payment services and solutions (e.g. PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Website: https://www.paypal.com/de; Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
  • Stripe: Payment Services; Service provider: Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA; Website: https://stripe.com; Data protection declaration: https://stripe.com/de/privacy
  • ApplePay: mobile payment and digital wallet service; Website: https://www.apple.com/de/apple-pay/; Privacy Policy: https://www.apple.com/de/legal/privacy/de-ww/
  • Amazon Payments: online payments processing service; Service provider: Amazon Payments, Inc., 410 Terry Ave N, Seattle, Washington 98109-5210; Website: https://pay.amazon.com; Privacy Policy: https://pay.amazon.de/help/201212490?
  • Clearpay: payment processing solutions; Service Provider: ClearPay Financial Solutions 10000 Innovation Dr. Ste 160, Milwaukee, Wisconsin 53226; Website: https://www.clearpay.com; Privacy Policy (not available for Germany) for UK: https://www.clearpay.co.uk/en-GB/privacy-policy/ or for France: https://www.clearpay.com/fr/politique-confidentialite/


Provision of the Online Offer and Web Hosting

In order to be able to provide our online offer safely and efficiently, we use the services of one or several web hosting providers, from whose servers (or servers managed by them) our online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP-address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.

Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP-addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the load on the servers and their stability.

Registration, Login and User Account

Users may create a user account. As part of the registration, the required mandatory information is communicated to the users and processed for the purpose of providing the user account on the basis of contractual obligations. The processed data includes, in particular, the login information (user name, password and an email address).

As part of the use of our registration and login functions as well as the use of the user account, we save the IP-address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims or there is a legal obligation to do so. Users can be informed by email about processes that are relevant to their user account, such as technical changes.

Blogs and Publication Media

We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). The data of the readers are only processed for the purposes of the publication medium to the extent that it is necessary for its presentation and communication between authors and readers or for reasons of security. In addition, we refer to the information on the processing of visitors to our publication medium in the context of this data protection notice.

 If users leave comments or other contributions, their IP-addresses can be saved on the basis of our legitimate interests. This is done for our safety if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.

Furthermore, we reserve the right to process user information for the purpose of spam detection on the basis of our legitimate interests. On the same legal basis, we reserve the right to save the IP-addresses of users for the duration of surveys and to use cookies in order to avoid multiple votes.

The personal information communicated in the context of the comments and contributions, any contact and website information as well as the content will be stored permanently by us until the user objects.


Contact

When you contact us (e.g. via contact form, email, telephone or via social media), the details of the inquiring person are processed, insofar as this is necessary to answer the request and any requested measures.

The answering of contact requests in the context of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre-)contractual inquiries and otherwise on the basis of the legitimate interests in answering the request.


Cloud Services

We use software services (so-called “cloud services”, also known as “software as a service”) that are accessible via the Internet and run on the servers of their providers for the following purposes: document storage and administration, calendar management, sending e-mails, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of websites, forms or other content and information as well as chats and participation in audio and video conferences.

In this context, personal data can be processed and stored on the servers of the provider, insofar as they are part of communication processes with us or otherwise processed by us, as set out in this privacy policy. This data can include, in particular, master data and contact details of the users, data on transactions, contracts, other processes and their content. The cloud service providers also process usage data and metadata, which they use for security purposes and for service optimization.

If we use cloud services to provide forms or other documents and content for other users or publicly accessible websites, the providers can place cookies on the users' devices for the purposes of web analysis or to change user settings (e.g. in the case of media control) remember, save.


Newsletter and Electronic Notifications

We send newsletters, e-mails and other electronic notifications (hereinafter “newsletter”) only with the explicit consent of the recipient or with legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Incidentally, our newsletters contain information about our services and us. 

The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else's email-address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP-address. Changes to your data stored by the shipping service provider are also logged.

We can store the unsubscribed email-addresses for up to three years on the basis of our legitimate interests before we erase them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for erasure is possible at any time, provided that the former existence of a consent is confirmed at the same time. If we are obliged to permanently observe contradictions, we reserve the right to store the email-address in a blacklist for this purpose alone (so-called “blocklist”).

The logging of the registration process takes place on the basis of our legitimate interests for the purpose of proving that it has proceeded properly. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure mailing system.


Notes on legal bases:
The newsletter is sent on the basis of the recipient's consent or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and to the extent that this is permitted by law, e.g. in the case of advertising to existing customers. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded based on our legitimate interests to demonstrate that it was carried out in accordance with the law.

Contents: Information about us, our services, promotions, offers and legal issues.


Measurement of opening and clickrates:
The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, from its server. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP-address and the time of retrieval, is initially collected.

This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. This information is assigned to the individual newsletter recipients and stored in their profiles until they are deleted. The evaluations enable us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

The measurement of the opening rates and the click rates as well as the storage of the measurement results in the profiles of the users as well as their further processing are based on the consent of the users. A separate revocation of the success measurement is unfortunately not possible, in this case the entire newsletter subscription must be canceled or contradicted. In this case, the saved profile information will be deleted.


Web Analysis, Monitoring and Optimization

The web analysis (also known as “reach measurement”) is used to evaluate the flow of visitors to our online offer and may include behavior, interests or demographic information about the visitors, such as age or gender, as pseudonymous values. With the help of the reach analysis, we can, for example, recognize at which time our online offer or its functions or content are used most often or invite you to reuse. We can also understand which areas need optimization.

In addition to web analysis, we can also use test procedures, e.g. to test and optimize different versions of our online offer or its components.

For these purposes, so-called user profiles can be created and saved in a file (so-called “cookie”) or similar processes can be used for the same purpose. This information may include, for example, the content viewed, websites visited and the elements and technical information used there, such as the browser used, the computer system used and information on times of use. If users have consented to their location data being collected, this can also be processed, depending on the provider.

The IP-addresses of the users are also saved. However, we use an IP masking process (i.e. pseudonymization by shortening the IP-address) to protect users. In general, no clear user data (such as e-mail addresses or names) are stored in the context of web analysis, A/B testing and optimization, but pseudonyms. This means that we and the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.


Online Marketing

We process personal data for online marketing purposes, which can include in particular the marketing of advertising space or the presentation of advertising and other content (collectively referred to as “content”) based on the potential interests of users and the measurement of their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar processes are used, by means of which the user information relevant to the presentation of the aforementioned content is saved. This information can include content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, these can also be processed.

The IP-addresses of the users are also saved. However, we use available IP-masking procedures (i.e. pseudonymisation by shortening the IP-address) to protect users. In general, no clear user data (such as e-mail addresses or names) is saved as part of the online marketing process, but pseudonyms. This means that we, as well as the providers of online marketing processes, do not know the actual identity of the users, but only the information stored in their profiles.

The information in the profiles is usually stored in the cookies or by means of similar processes. These cookies can later generally also be read out on other websites that use the same online marketing process, analyzed for the purpose of displaying content and supplemented with additional data and stored on the server of the online marketing process provider.

As an exception, clear data can be assigned to the profiles. This is the case if the users are, for example, members of a social network whose online marketing process we use and the network connects the profiles of the users with the aforementioned information. We ask you to note that users can make additional agreements with the providers, e.g. through consent during registration.

In principle, we only have access to summarized information about the success of our advertisements. However, we can use so-called conversion measurements to check which of our online marketing processes have led to a so-called conversion, i.e., for example, to the conclusion of a contract with us. The conversion measurement is used solely to analyze the success of our marketing measures.

Unless otherwise stated, we ask you to assume that the cookies used will be stored for a period of two years.


Facebook pixel and target group formation (custom audiences):
With the help of the Facebook pixel (or comparable functions, for the transmission of event data or contact information by means of interfaces in apps), Facebook is on the one hand able to target the visitors of our online offer as a target group for the presentation of advertisements (so-called “Facebook Ads” ) to be determined. Accordingly, we use the Facebook pixel to only send the Facebook ads placed by us to those users on Facebook and within the services of the partners cooperating with Facebook (so-called “Audience Network” https://www.facebook.com/audiencenetwork/ ) who have also shown an interest in our online offer or who have certain characteristics (e.g. interest in certain topics or products that can be seen from the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we would also like to ensure that our Facebook ads correspond to the potential interest of the users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of the Facebook advertisements for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advertisement (so-called "conversion measurement").

Together with Facebook Ireland Ltd. we are jointly responsible for the collection or receipt as part of a transmission (but not the further processing) of “event data” that Facebook collects using the Facebook pixel and comparable functions (e.g. interfaces) that are carried out on our online offer or received as part of a transmission for the following purposes: a) Display of content advertising information that corresponds to the presumed interests of the users; b) Delivery of commercial and transaction-related messages (e.g. addressing users via Facebook Messenger); c) Improving the delivery of advertisements and personalizing functions and content (e.g. improving the detection of which content or advertising information presumably corresponds to the interests of the users). We have concluded a special agreement with Facebook (“Addendum for controllers”, https://www.facebook.com/legal/controller_addendum), which regulates in particular which security measures Facebook has to observe (https: //www.facebook. com / legal / terms / data_security_terms) and in which Facebook has agreed to fulfill the rights of the data subject (i.e. users can, for example, send information or deletion requests directly to Facebook). Note: If Facebook provides us with measured values, analyzes and reports (which are aggregated, i.e. do not receive any information about individual users and are anonymous to us), then this processing does not take place within the framework of joint responsibility, but on the basis of an order processing contract ("data processing conditions") , https://www.facebook.com/legal/terms/dataprocessing), the “data security conditions” (https://www.facebook.com/legal/terms/data_security_terms) and with regard to processing in the USA based on of standard contractual clauses (“Facebook-EU-data transfer addendum”, https://www.facebook.com/legal/EU_data_transfer_addendum). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook.


Social Media

We maintain an online presence within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user because, for example, the enforcement of the users' rights could be made more difficult.

Furthermore, the data of users within social networks are usually processed for market research and advertising purposes. For example, usage profiles can be created based on user behavior and the resulting interests of the user. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and the interests of the users are stored. Furthermore, data can be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.


Plugins and Embedded Functions as well as Content

We incorporate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). This can be, for example, graphics, videos or city maps (hereinafter referred to as “content”).

The integration always presupposes that the third-party providers of this content process the IP address of the user, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required for the display of this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, the websites to be referred to, the time of visit and other information about the use of our online offer, as well as being linked to information from other sources.


Third Party Providers, Support Tools

We use services, platforms and software from other providers (hereinafter referred to as “third-party providers”) for the purposes of organizing, managing, planning and providing our services. When selecting third-party providers and their services, we observe the legal requirements.

In this context, personal data can be processed and stored on the servers of the third-party providers. This can affect various data that we process in accordance with this data protection declaration. This data can in particular include master data and contact details of the users, data on transactions, contracts, other processes and their content.

 

RELEVANT LEGAL BASES

Below you will find an overview of the legal bases of the GDPR on which we base the processing of personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations of your or of our country of residence or domicile may apply.

 

  • Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - the person concerned has given their consent to the processing of their personal data for a specific purpose or for several specific purposes
  • Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR) - the processing is necessary for the fulfillment of a contract to which the data subject is a party, or for the implementation of pre-contractual measures that are requested by the data subject respectively.
  • Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - the processing is necessary to fulfill a legal obligation to which the person responsible is subject.
  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal data require, predominate.

 

National data protection regulations in the different European countries Germany: In addition to the data protection regulations of the GDPR, national data protection regulations apply in all EU member states. These include in particular the law on the protection against misuse of personal data during data processing, the Federal Data Protection Act (BDSG) in Germany, the Federal Act concerning the Protection of Personal Data (DSG) in Austria and all the different data protection laws of the various EU member states.

SAFETY MEASURES

In accordance with the legal requirements we take appropriate technical and organizational measures, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons to ensure a level of security appropriate to the risk.

These measures include, in particular, ensuring the ongoing confidentiality, integrity an availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures to ensure the exercise of data subject rights, the deletion of data and the required reactions to the threat to the data. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software and procedures in accordance with the principle of data protection by design and by default.

Shortening of the IP-address: If IP-addresses are processed by us or by the service providers and technologies used and provided that the processing of a full IP-address is not required, the IP-address will be shortened (also referred to as IP-masking). The last two digits or the last part of the IP-address after a point are removed or replaced by placeholders. The shortening of the IP-address is intended to prevent or to complicate the identification of a person by using their IP-address.

SSL encryption (https): We use SSL encryption to protect your data transmitted via our online offer. You can recognize such encrypted connections by the prefix https: // in the address line of your browser. 

 

SHARING OF INFORMATION

As part of our processing of personal data, it may happen that the data is transmitted to other entities, companies, legally independent organizational units or persons or they are disclosed to them. We share personal information in the following circumstances or as otherwise described in this policy:

 

  • We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, and marketing and advertising. In such cases, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.
  • If you submit a product review or post content in another public area of our Services, we share this information publicly on our Services.
  • We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
  • We may share personal information if we believe that your actions are inconsistent with our T&Cs or other user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Killstar, our users, the public, or others.
  • We may share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
  • We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company, provided the data transfer is necessary or if you have given your consent.
  • Personal information might be shared between and transferred to other companies within our group of companies including current and future parents, affiliates, and subsidiaries and other companies under common control and ownership. If this transfer takes place for administrative purposes, the transfer of the data is based on our legitimate entrepreneurial and economic interests or takes place if it is necessary to fulfill our contractual obligations or if the consent of the person concerned or a legal permission is available   
  • We share personal information with your consent or at your direction.
  • We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

 

TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

Draco Distribution, Inc. (operator of Killstar) is headquartered in the United States, and we have operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

 

DATA PROCESSING IN THIRD COUNTRIES

We process your personal data in, as defined by the GDPR, so called third countries (i.e. outside the European Union, EU, respectively outside the European Economic Area, EEA) specifically in the USA and in the UK. Furthermore, the processing of personal data in third countries might take place within the use of third-party-services or within the disclosure or transfer to other persons, offices or companies. However, this is only done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transfer, we only process or have the data processed in other third countries with a recognized level of data protection, contractual obligation through so-called standard contract clauses (SCC) of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR). For more information please contact the information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de .

 

USE OF COOKIES

Cookies are text files that contain data from websites or domains visited. They and are stored on the user's computer by a browser. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also known as “user IDs”).

A distinction is made between the following types of cookies and functions:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their browser.
  • Permanent cookies: Permanent cookies are saved even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users who are used to measure reach or for marketing purposes can also be stored in such a cookie.
  • First-party cookies: We set first-party cookies ourselves.
  • Third-party cookies: Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary cookies (also: essential cookies): Some cookies may be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
  • Statistics, marketing and personalization cookies: In addition, cookies are usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) are saved on individual websites in a user profile. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also known as “tracking”, i.e. following up the potential interests of users. Insofar as we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

For more information please visit our Cookie Policy under https://eu.killstar.com/pages/cookie-policy.

Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If so and if you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

Notes on duration of storage: If we do not provide you with any explicit information on the storage duration of permanent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage duration can be up to two years.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies (collectively referred to as “opt-out”). You can above all explain your objection by using the settings of your browser, e.g. by deactivating the use of cookies (which can also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, by using the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further objection notices in the context of the information on the service providers and cookies used.

CHILDREN

Our Services are not designed for children. If you have reason to believe that a child has provided personal data to us, please contact us.

 

RIGHTS OF DATA SUBJECTS

As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.

Right to withdraw consent: You have the right to withdraw your consent at any time and without giving an explanation.

Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.

Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.

Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you is erased immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.

Right to data portability: You have the right to receive data relating to you that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.

Complaint to the supervisory authority: In accordance with the legal requirements and without prejudice to any other administrative or judicial remedy, you also have the right to contact a data protection supervisory authority, in particular a supervisory authority in the Member State in which you usually stay, the supervisory authority of your workplace or the place of the alleged violation to lodge a complaint if you should believe that the processing of your personal data is in breach of the GDPR.

 

YOUR CHOICES

Account Information

You may update and correct certain account information at any time by logging into your account, using the Contact Us page, or emailing us at privacy@killstar.com.

Location Information

We collect your precise location information, however, you can stop the collection of this information at any time by contacting customer service through the Contact Us page or emailing privacy@killstar.com. If you stop our collection of this location information, some features of our Services may no longer function properly.

Communications Preferences

You may opt out of receiving text messages or promotional emails from Killstar by following the instructions in those communications or by managing your communication preferences in the preference center. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

 

GET IN TOUCH

If you have any questions, comments, or concerns about this Privacy Policy or our privacy practices, please contact us at privacy@killstar.com.