Privacy & Cookies Policy

Last updated on: 27th of May 2021

In our Privacy Policy, we provide you with an overview of how Kawaii.com is processing your personal data when you use our Services or visit our websites, in accordance with our information requirements and in accordance with the General Data Protection Regulation. Our Privacy Policy is valid for our domain https://kawaii.com and our marketplace subdomain https://community.kawaii.com. Our Privacy Policy will explain you how we are collecting, sharing and using your personal information. We might update our Privacy Policy in the future. If we do so we will use your regisitered Account Email to inform you. You can permanently read our Privacy Policy via the Url https://community.kawaii.com/en/infos/privacy.
Kawaii.com is a community marketplace build on trust, reputation and reliability. We are a German company based in Berlin and operate according to the highest technical and moral standards. All your data belongs to you and is sensitive and we try to keep the amount of needed information as little as possible.


1. Data Controller 
The data controller responsible for the processing of your personal data when using our services within the meaning of Article 4 (7) of the GDPR is: Enterprise Muse GmbH, Executive Directors: Carina Bucspun & Ann-Britt Dittmar. Company address: Gustav-Adolf-Straße 148, 13086 Berlin. Registry Court: District Court Berlin (Charlottenburg HGR). Registration number: HRB 204869 B69 B. Contact Email: privacy@kawaii.com. We comply with the GDPR.

2. What is personal data? 
“Personal data” within the meaning of Article 4 (1) of the GDPR is: “... any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as being identifiable, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.” 

3. The purposes for which we process your personal data 
We collect and process your personal data for the purpose of providing you with our Services and their advanced features, continuously improving and developing them, ensuring the technical functionality and ensuring the security of our services.

4. What personal information we collect from you and how we use it 
When you register an account on Kawaii.com you are part of our marketplace community. This means you can use your account for shopping but also to become a seller if you fullfill the needed legal and our platform requirements. Please read our Terms of Service carefully. Both buyer and seller accounts are identical. You can register your free Kawaii.com account under https://community.kawaii.com/en/signup. 
To set up your member account, we need the following required information: 
Your real name (This means your legal frist name and last name. If you add a fake or phantasy name or someone elses name, we reserve the right to delete your account. You real first name and last name is not publicly visible for others). 
Your email address (Please note that you are not allowed to use disposal emails for signup).
A secure password
to protect your user account. If you register with us via a social network like Facebook we do not collect your data directly from you, but from a third party – namely the respective social network. See section 8 below for detailed information. Please note that you are not allowed to sign up with a social network if you are registered with respective social network with a non legal first and last name. After sign up you are able to add additional information in your user profile page after log in that are partly required in order to allow you to sell products and services on Kawaii.com. Some the information is visible for others on your public profile page and indicated in the input data field with „Shown in your public profile“. All other data is not visible or accessable for other members or third-parties.
Display name and Username. You can choose a free Display name and a Username. They willcorrespond to your user ID which will be linked to your email address in our system. If you are representing an official brand or shop, we recommend to use your brandname or shopname as display and username.You can select a Profile Picture (Show yourself, your brand or shop logo or whatever you like).
In order to promote you or get fame on our marketplace and collect followers for your social media channgels you can add additional information such as links to your:
Instagram Account
Facebook Account
TikTok Account
YouTube Channel

Kawaii.com is working with Stripe and PayPal as Payment and Paygate provider. In order to buy and sell products and services you need to add the following required information:
Your valid address 
Date of Birth
Country of Residence
Phone number
 
Bank Account/ Stripe Account/ Paypal Account Information for payouts and payments via Stripe and PayPal.
We use you payment details such as credit card number or PayPal email address. However, we do not store this data ourselves; it is sent by us directly to the payment service provider appointed by us - either Stripe or PayPal.
Providing the above information about you is required. Otherwise, we cannot create the respective user account for you and cannot process any transactions for you (e.g. licensing of your content, payouts). If you want to speed up the activation for your seller account you should add aswell the following information (if you are able to):
Name of the company/corporation that you are authorized to represent and that you are intending to sell items for incl. tax number.
Website Url
We use this data: To create your user account.To determine your identity or your legal right to represent a brand or cooperation.To contact you in the event of alleged copyright infringement and to clarify any other issues with your content. To inform you about any sale (e.g. via e-mail). To handle transactions.Prevent risk and fraud.To market your profile any your offers on our platform and on our partner websites with the intention to generate traffic and sales for you. According to your account settings, you can receive notifications via email, e.g. community updates, promotions, mentions, etc. If you do not want to receive such notifications, you can unsubscribe from them at any time in the settings of your account profile or via the unsubscribe link in the email. To send our newsletter or community updates, if you have given your consent (see below). Storage time: In principle, we only store this data until the deletion of your user account. Your data will also be archived for the duration of the statutory retention periods (tax-related, e.g. 10 years). Legal basis: The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) (a) GDPR) as far as it is necessary and you have given it to us (e.g. for the newsletter).

5. Contact Data
When you contact our support team we will save your email address and any other information that you provide in the context of your request. The data will be stored and used exclusively for the processing of your respective request and any subsequent correspondence. Storage time: The data is stored up to six (6) months after the completion of your request with us and then deleted as far as this concerns personal data. Legal basis: The legal basis for this processing of your personal data is the fulfilment or initiation of a contract between you and us (Art. 6 (1) (b) GDPR). In case of data protection inquiries, the storage serves as proof of fulfilment of our data protection obligations (e.g. for information, correction or deletion).
When you contact us for business purposes When you send us inquiries via our contact form or via email, we will save: Your email address All other information provided by you voluntarily. We use this data to answer your inquiries and to contact you regarding possible cooperations or information of events. Storage time: We store this data until six (6) months after the completion of your inquiry with us and then delete it unless you expressly agree that we may keep it longer. Legal basis: The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR). 

6. Data that we automatically collect when you visit our website(s)
(a) Log data Log data is data that is automatically recorded when you visit our website(s) or use our app. Specifically, this is the following data:IP address, Type of Internet browser used, Name of your Internet Service Provider (ISP), Device data, Start and end page you visitedWe use this data solely for troubleshooting and quality-assurance purposes, for statistical and analytical purposes, and for monitoring system security. 
(b) Location data When you share your location data in your device settings, we process that data to suggest locations for tagging your content and to display nearby recorded content in our discover feed.

7. Cookies and similar technologies 
For our service to work properly, we sometimes store small files – called cookies – on your device. This is common on most major websites. You can see the cookies we are using via our pop up banner at the bottom of our pages. 
(a) What are cookies? A cookie is a small text file that leaves a web portal on your device (computer, tablet or smartphone) when you visit it. This allows the portal to “remember” certain inputs and settings (e.g., login, language, font size, and other display preferences) over a period of time, and you do not need to re-enter them each time you visit and navigate the portal. Learn more about cookies under www.allaboutcookies.org.
(b) How can you exercise control over cookies? You can control and/or delete cookies at your convenience. You can find out how to do this in the help function of the browser you are using or, for example, here: aboutcookies.org and you can use our cookie banner to disable and enable the specific cookies that you dislike or wish to reactivate after you switched them off. You can delete all cookies stored on your device and set most browsers to prevent the storage of cookies, but then you may be required to make some settings manually each time you visit a page and accept the impairment of some features. 
(c) Kawaii.com cookies On our website we use the following cookies:Strictly necessary cookies: These cookies are necessary for our website and services to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies store your session ID so that our servers can recognize you, but do not store any personally identifiable information. The use of necessary cookies is justified on grounds of legitimate interest in a needs-based design and statistical evaluation of our platform (Art. 6 para. 1 lit. f GDPR). With your explicit consent (in the cookies banner displayed on our website) we use the following cookies:Performance cookies: These cookies allow us to count visits and traffic sources so we can measure, analyze and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.Targeting cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. Functional cookies: These cookies enable the website to provide enhanced functionality and personalisation of our website and services, such as the language you selected. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly. The cookies are not used for any purposes other than those mentioned above. After having given your consent you can opt-out of each cookie category (except strictly necessary cookies) in the “cookie settings” of your account. The cookie customization settings are provided by the service provider Cookie Script. Learn more on https://cookie-script.com. (iv)Provision of our services - Google Analytics On our website we use Google Analytics, a web analytics service provided by Google Inc. Google Analytics uses cookies which are text files placed on your computer to help analyze how users use our website(s). The information generated by the cookies is regularly transmitted to a Google server in the US and stored there. However, since IP anonymization is enabled on our website, Google will abbreviate the IP address of users within the EU Member States or within other parties to the Agreement on the European Economic Area prior to transmission to Google. Only in exceptional cases the full IP address will be sent to a Google server in the US and abbreviated there. Google processes this information on our behalf to analyze the use of the website by the user, to provide reports on the activities on the website and to provide other services in connection with the use of the website for Kawaii.com incl. https://kawaii.com and https://community.kawaii.com. As part of the services provided by Google Analytics, the IP address transmitted by the user’s browser will not be merged with other data collected by Google. You may prevent the collection of cookie-generated data about your use of the website (including IP address) and its processing by Google by downloading and installing the following browser plug-in via the link below: http://tools.google.com/dlpage/gaoptout?hl=de


8. Data that we receive from third parties 
When you register with us through Facebook we will receive the authentication information required for your registration, i.e.:Your full name Your email address Your user ID, and All data that you have specified in your public profile. We use all of this information only to the same extent as the data that you provide when registering through our websites.

9. Whom do we share your personal data with? 
We will only disclose your personal information to third parties (including processors, i.e. third parties who process data for us on our behalf) if the transfer is necessary to fulfill our contractual obligations to you, if we are otherwise legally entitled or obliged to disclose it, or if you have given us consent to do so. In order to provide our services, selected personal information may be shared with certain departments within our company. This includes employees from the accounting, legal, product management, marketing and IT departments. In certain cases, we also use external service providers who are commissioned by us to process data for us in accordance with instructions (see below). To the extent that your information is disclosed to third parties which are not located in an EEA country, we will ensure that the recipient has an adequate level of data protection, that adequate confidentiality provisions in the applicable contracts are maintained, that the standard contractual clauses for the transfer of personal information to processors issued by the European Commission are complied with, or that we obtain your consent. We will never sell your personal data to third-parties.

10. Government agencies, authorities & courts, legal representatives Insofar as we are legally obliged to do so or this is permitted under data protection law, we transmit personal data to authorities such as the police or the public prosecutor's office (Art. 6 (1) lit. c GDPR). This data is disclosed on the basis of our legitimate interest in combating misuse, prosecuting criminal offences (e.g. credit card fraud) and securing, asserting and enforcing claims, provided that your rights and interests in the protection of your personal data do not predominate, Art. 6 (1) lit. f GDPR.

11. Legal successor 
We may disclose and transfer data collected, processed and stored under this Privacy Policy in the course of a sale, merger or change of control. As part of a due diligence, we will only disclose and transfer anonymous data in a virtual space without any personal reference. In the event of legal succession, the acquiring company has the right to use your data in accordance with this Privacy Policy in order to fulfil its legal obligations as legal successor.

12. Your control options & rights 
In addition to the ability to exercise control over your personal information and other data by changing your information and settings in your user account and, if necessary, creating links to third-party applications such as Facebook allowing or blocking cookies, or making do-not-track settings in your browser, you have the following legally protected rights. We offer you communications and measures in this respect in principle free of charge. However, in the case of manifestly unfounded or excessive requests, especially in the case of frequent repetition, we may levy a fee or refuse to act.
You have the right at any time to request information about what personal data we process about you and to demand correction, deletion and/or restriction of your personal data stored by us. For your security, we will ask you to verify your details in the event of such a request or change. Please send us a message to: privacy@kawaii.com.
If the data processing by us is based on your consent, you can revoke this consent at any time. To revoke your consent, please send us a message to: privacy@kawaii.com.
Right to data portability. If applicable, you have the right to demand that we provide you with your personal data in a structured, common and machine-readable format, provided that the data processing is based on your consent or a contract between us or is carried out by automated means. However, this does not apply if the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority assigned to the data controller. Furthermore, you have the right to have the personal data transferred directly from one responsible person to another responsible person, as far as this is technically feasible and as long as the rights and freedoms of other persons are not affected.
Right to lodge a complaint with the regulatory authority. You also have the right to lodge a complaint about us with our regulatory authority. 

12. What do we do for the security of your data? 
We have made technical and organizational arrangements to secure the website and other systems against loss, destruction, access, modification or disclosure of your personal data. Access to your profile is only possible after entering a password. You should always treat access information confidentially and close the browser window as soon as the connection with Kawaii.com is finished. However by using our Services you agree to our Terms of Service and the specific liability limitations.

13. Changes & updates to our Privacy Policy 
We occasionally change and update our Privacy and Cookie Policy to adapt it to changing requirements. If we make any material changes, we will notify you in advance by email so that you can review the changes before they come into force. In the event of other updates or changes, we will publish the amended Privacy and Cookie Policy without a separate notice on our website. Accordingly, you should periodically visit our this page to ensure that you know the current regulations. If you do not agree with the changes, you should not use our Services and delete your account if you have one. If you use our Services after the effective date of our amended or updated Privacy and Cookie Policy, the processing of your personal data is automatically subject to our updated Privacy Policy.

14. Licenses we use
Our marketplace is build on Sharetribe. By using our services you agree to the Terms of Services of Sharetribe Inc. https://www.sharetribe.com and the personal data storage of your data on a encrypted Sharetribe Server.

15. How you can reach us
You can send us an email to: p r i v a c y@kawaii.com
Or write us to our office: Kawaii.com, Gustav-Adolf-Straße 148, 13086 Berlin