Privacy policy

Privacy Policy

1) Introduction and contact details of the controller

1.1 We are pleased that you are visiting our website and thank you for your interest. Below we inform you about how we handle your personal data when you use our website. Personal data is any data with which you can be personally identified.

1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is eBasar UG (haftungsbeschränkt), Billwerder Neuer Deich 25, 20539 Hamburg, Germany, phone: +49 176 61506245, email: hello@fear99.com. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data collection when you visit our website

2.1 When you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the site server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

  • The page visited
  • Date and time of access
  • Amount of data sent in bytes
  • Source/referrer from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymised form)

Processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of unlawful use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the controller), this website uses SSL or TLS encryption. You can recognise an encrypted connection by the "https://" string and the padlock symbol in your browser bar.

3) Hosting & content delivery network

Shopify
We use the system of the following provider to host our website and display its content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify").

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada.

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

For data transfers to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

4) Cookies

To make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted after you close your browser (so-called "session cookies"), others remain on your device for longer and allow page settings to be saved (so-called "persistent cookies"). In the latter case, you can find the storage period in the overview of your web browser's cookie settings.

If personal data is also processed by individual cookies used by us, processing is carried out in accordance with Art. 6 (1) (b) GDPR either to perform the contract, in accordance with Art. 6 (1) (a) GDPR if consent has been given, or in accordance with Art. 6 (1) (f) GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them, or exclude the acceptance of cookies for certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contacting us

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

The legal basis for processing this data is our legitimate interest in answering your enquiry in accordance with Art. 6 (1) (f) GDPR. If your enquiry aims at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted once it can be inferred from the circumstances that the matter in question has been conclusively clarified, provided there are no statutory retention obligations to the contrary.

6) Data processing when opening a customer account

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

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

7) Use of customer data for direct marketing

7.1 Subscribing to our email newsletter
If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your email address. Providing further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending the newsletter, which ensures that you only receive newsletters once you have expressly confirmed your consent to receive the newsletter by clicking a verification link sent to the email address provided.

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

You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a corresponding message to the controller named at the beginning. After you have unsubscribed, your email address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use the data in a manner that goes beyond this, which is permitted by law and about which we inform you in this policy.

7.2 Sending the email newsletter to existing customers
If you have provided us with your email address when purchasing goods or services, we reserve the right to regularly send you offers for goods or services similar to those already purchased from our range by email. In accordance with § 7 (3) of the German Act Against Unfair Competition (UWG), we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalised direct marketing in accordance with Art. 6 (1) (f) GDPR. If you initially objected to the use of your email address for this purpose, we will not send you any emails.

You are entitled to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by notifying the controller named at the beginning. You will only incur transmission costs according to the basic rates for this. Once your objection has been received, the use of your email address for advertising purposes will cease immediately.

7.3 Shopping cart reminders by email
If you abandon your purchase before completing the order, you have the option of being reminded once by email of the contents of your virtual shopping cart.

The only mandatory information for sending this reminder is your email address. Providing further data is voluntary and may be used to address you personally. We use the so-called double opt-in procedure for sending emails, which ensures that you only receive a notification once you have expressly confirmed your consent by clicking a verification link sent to the email address provided.

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

You can unsubscribe from shopping cart reminders at any time by sending a corresponding message to the controller named at the beginning. After you have unsubscribed, your email address will be deleted immediately from the distribution list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use the data in a manner that goes beyond this, which is permitted by law and about which we inform you in this policy.

8) Data processing for order processing

8.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) (b) GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally prescribed period by suitable means of communication (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 (1) (c) GDPR. Your contact data will be used strictly for the purpose of notifications about updates owed by us and will only be processed by us to the extent necessary for the respective information.

To process your order, we also work with the following service provider(s), who support us in whole or in part in the performance of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

8.2 Order fulfilment
Your order is fulfilled and shipped by our fulfilment partner Printify and the production partner commissioned by it. For this purpose, we pass on the data required for production and delivery (name, delivery address, and, if applicable, email address and telephone number for delivery notifications, as well as the order contents) in accordance with Art. 6 (1) (b) GDPR. Depending on the production location, data may be transferred to countries outside the EU/EEA; in this case, the transfer is based on suitable safeguards such as the EU standard contractual clauses.

8.3 Use of payment service providers

– PayPal Checkout
This website uses PayPal Checkout, an online payment system from PayPal consisting of PayPal's own payment methods and local payment methods from third-party providers.

When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – "Pay Later" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of payment processing. The data is passed on in accordance with Art. 6 (1) (b) GDPR and only insofar as this is necessary for payment processing.

PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – "Pay Later" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 (1) (f) GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in relation to the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

If you use a payment method from a local third-party provider, your payment data will first be passed on to PayPal in accordance with Art. 6 (1) (b) GDPR to prepare the payment. Depending on your selection of an available local payment method, PayPal then transmits your payment data to the corresponding provider to carry out the payment in accordance with Art. 6 (1) (b) GDPR, e.g. Apple Pay (Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland) or Google Pay (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland).

For further data protection information, please refer to PayPal's privacy statement: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

– Shopify Payments
One or more online payment methods of the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.

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

9) Online marketing: TikTok Pixel

With your consent, we use the TikTok Pixel, a service provided by TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland, and TikTok Information Technologies UK Limited, Kaleidoscope, 4 Lindsey Street, London, EC1A 9HP, United Kingdom ("TikTok"). It helps us measure the effectiveness of our TikTok ads and show relevant ads to people who have visited our store. The pixel collects information such as pages viewed, products added to the cart, purchases, your IP address, and browser and device details. In addition, order-related events (e.g. a completed purchase) may be transmitted to TikTok via a server-side interface (TikTok Events API) through the official TikTok app for Shopify; personal identifiers such as your email address or phone number are only transmitted in hashed (encrypted) form.

TikTok may combine this data with your TikTok account and may transfer it to countries outside the EU, including the USA and Singapore, based on the EU Standard Contractual Clauses.

The legal basis is your consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG), which you can withdraw at any time with effect for the future via the cookie settings of our store. More information: https://www.tiktok.com/legal/privacy-policy-eea

10) Rights of the data subject

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

  • Right of access pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Art. 16 GDPR;
  • Right to erasure pursuant to Art. 17 GDPR;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to notification pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw consent given pursuant to Art. 7 (3) GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

10.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.

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

11) Duration of storage of personal data

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

When personal data is processed on the basis of express consent pursuant to Art. 6 (1) (a) GDPR, this data is stored until you withdraw your consent.

If there are statutory retention periods for data that is processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, this data will be routinely deleted after the retention periods have expired, provided it is no longer required for the fulfilment or initiation of a contract and/or we have no legitimate interest in continuing to store it.

When personal data is processed on the basis of Art. 6 (1) (f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

When personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21 (2) GDPR.

Unless otherwise stated in the other information in this policy about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.