Privacy policy

1) Introduction and contact details of the responsible person

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how we handle your personal data when you use our website. In this context, personal data is all data with which you can be personally identified.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO) is My Holy Desire GmbH, Maistraße 10, 80337 Munich, Albania, Tel.: +49 89 90143953, e-mail: orders@myholydesire.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 visiting our website

2.1 During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect such data that your browser transmits to the page 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:

Our visited website
Date and time at the time of access
Amount of data sent in bytes
Source/reference from which you reached the page
Browser used
Operating system used
IP address used (if applicable: in anonymised form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO 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 illegal use.

2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the person responsible). You can recognise an encrypted connection by the string "https://" and the lock symbol in your browser line.

3) Cookies

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

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the performance of the contract, in accordance with Art. 6 para. 1 lit. a DSGVO in the case of consent given or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

You can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or generally.

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

4) Contacting us

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

The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f DSGVO. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

5) Comment function

In the context of the comment function on this website, in addition to your comment, information on the time of the creation of the comment and the commentator name selected by you are stored and published on this website. Furthermore, your IP address will be stored for security reasons in order to enable an attribution to the author in case of illegal comments. Your e-mail address will be stored for the purpose of contacting you in the event that a third party should object to your published content as being illegal.

The legal basis for the storage of your data is Art. 6 para. 1 lit. b and f DSGVO. We reserve the right to delete comments if they are objected to by third parties as unlawful.

6) Data processing when opening a customer account

Pursuant to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed to the extent necessary in each case if you provide it to us when opening a customer account. The data required for opening an account can be found in the input mask of the corresponding form on our website.

Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. After deletion of your customer account, your data will be deleted, provided that all contracts concluded via it have been fully processed, no legal retention periods are opposed and no legitimate interest on our part in the continued storage exists.

7) Use of customer data for direct marketing purposes

7.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by activating a verification link sent to the specified e-mail address.

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

You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail 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 your data in a manner that goes beyond this, which is permitted by law and about which we inform you in this declaration.

7.2 Sending the e-mail newsletter to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services to those you have already purchased from our range by e-mail. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails.

You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. This will only incur transmission costs for you according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.

8) Data processing for order processing

8.1 Transmission of image files for order processing via upload function

On our website, we offer customers the possibility to order the personalisation of products by submitting image files via an upload function. The submitted image motif is used as a template for the personalisation of the selected product.

Using the upload form on the website, the customer can transmit one or more image files from the memory of the end device used directly to us via automated, encrypted data transmission. We then record, store and use the transmitted files exclusively for the production of the personalised product as defined in the respective service description on our website. If the transmitted image files are passed on to special service providers for the production and processing of the order, you will be explicitly informed of this in the following paragraphs. Any further transfer will not take place. If the transmitted files or the digital motifs contain personal data (in particular images of identifiable persons), all the processing operations just mentioned are carried out exclusively for the purpose of processing your online order in accordance with Art. 6 para. 1 lit. b DSGVO.

After final processing of the order, the transmitted image files are automatically and completely deleted.
8.2 Transmission of image files for order processing by e-mail

On our website, we offer customers the possibility to order the personalisation of products by sending image files by e-mail. The submitted image motif is used as a template for the personalisation of the selected product.

Using the e-mail address provided on the website, the customer can transmit one or more image files to us from the memory of the end device used. We then collect, store and use the files transmitted in this way exclusively for the production of the personalised product as defined in the respective service description on our website. If the transmitted image files are passed on to special service providers for the production and processing of the order, you will be explicitly informed of this in the following paragraphs. Any further transfer will not take place. If the transmitted files or the digital motifs contain personal data (in particular images of identifiable persons), all the processing operations just mentioned will be carried out exclusively for the purpose of processing your online order in accordance with Art. 6 para. 1 lit. b DSGVO.

After final processing of the order, the transmitted image files are automatically and completely deleted.

8.3 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 Para. 1 lit. b DSGVO.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or e-mail) about upcoming updates within the legally stipulated period of time within the framework of our statutory duty to inform pursuant to Art. 6 (1) lit. c DSGVO. Your contact details will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.

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

8.4 We work with external shipping partners to fulfil our contractual obligations to our customers. We pass on your name as well as your delivery address and, if necessary for the delivery, your telephone number to a shipping partner selected by us exclusively for the purposes of the delivery of goods Art. 6 para. 1 lit. b DSGVO.

8.5 Use of payment service providers (payment services)

- Paypal

One or more online payment methods of the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If you select a payment method of the provider for which you make an advance 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 Para. 1 lit. b DSGVO. In this case, your data will only be passed on for the purpose of processing payment with the provider and only insofar as it is necessary for this purpose.

If you select a payment method for which we make advance payments, you will also be asked to provide certain personal data (first and last name, street, house number, postcode, town, date of birth, e-mail address, telephone number, if applicable data on an alternative means of payment) during the order process.

In order to safeguard our legitimate interest in determining your ability to pay in such cases, we forward this data to the provider for the purpose of a credit check in accordance with Art. 6 (1) lit. f DSGVO. On the basis of the personal data provided by you and other data (such as shopping basket, invoice amount, order history, payment experience), the provider checks whether the payment option selected by you can be granted with regard to payment and/or bad debt risks.

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 have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.

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

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

If you select a payment method from the provider for which you make an 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) lit. b DSGVO. In this case, your data will only be passed on for the purpose of processing payment with the provider and only insofar as it is necessary for this purpose.
9) Tools and miscellaneous

Cookie consent tool

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications requiring consent. The "cookie consent tool" is displayed to users in the form of an interactive user interface when they access the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. Through the use of the tool, all cookies/services requiring consent are only loaded if the respective user gives the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the respective end device of the user if consent has been granted.

The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Further legal basis for the processing is Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

To the extent necessary, we have concluded an order processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorised disclosure to third parties.

Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

10) Rights of the data subject

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

Right to information pursuant to Art. 15 DSGVO;
Right to rectification pursuant to Art. 16 DSGVO;
Right to erasure pursuant to Art. 17 DSGVO;
Right to restriction of processing pursuant to Art. 18 GDPR;
Right to information pursuant to Art. 19 GDPR;
Right to data portability pursuant to Art. 20 GDPR;
Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
Right to lodge a complaint pursuant to Art. 77 DSGVO.
10.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM 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 IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE RIGHT TO OBJECT 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 measured on the basis of the respective legal basis, the processing purpose and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, the data concerned will be stored until you revoke your consent.

If there are legal retention periods for data that is processed within the scope of legal business or similar obligations on the basis of Art. 6 (1) (b) DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no justified interest on our part in continuing to store it.

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

Unless otherwise stated in the other information in this statement on 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.