The following data protection declaration applies to the use of our online offer www.monkeyxr.io (hereinafter »website«). We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (DSGVO).

1. Responsible Person

The person responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 DSGVO is

MONKEY XR GmbH
Luisenstrasse 41
10117 Berlin
Phone: (+49) 030 290 470 00
E-Mail: hallo@monkeyxr.io

If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions as a whole or for individual measures, you can address your objection to the person responsible.  You can save and print this privacy policy at any time.

We use personal data for the purpose of operating the website and to contact or consult with our customers.

3.1 Hosting

The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating the website. In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this website on the basis of our legitimate interests in an efficient and secure provision of our website pursuant to Art. 6 para. 1 sentence 1 f) DSGVO in conjunction with. Art. 28 DSGVO.

3.2 Access data

We collect information about you when you use this website. We automatically collect information about your usage behavior and your interaction with us and register data about your computer or mobile device. We collect, store and use data about each access to our website (so-called server log files). The access data includes:

- Name and URL of the retrieved file
- Date and time of the retrieval- Volume of data transferred
- Message about successful retrieval (HTTP response code)
- Browser type and browser version
- Operating system
- Referer URL (i.e. the previously visited page)
- Websites that are accessed by the user's system via our website
- Internet service provider of the user
- IP address and the requesting provider

We use this log data without assigning it to you personally or otherwise profiling it for statistical evaluations for the purpose of operating, securing and optimizing our website, but also to anonymously record the number of visitors to our website (traffic) and the extent and type of use of our website and services, as well as for billing purposes to measure the number of clicks received from cooperation partners. Based on this information, we can provide personalized and location-based content and analyze traffic, search for and fix errors, and improve our services. This is also our legitimate interest according to Art. 6 para. 1 p. 1 f) DSGVO.

We reserve the right to subsequently review the log data if there is a justified suspicion of unlawful use based on concrete indications. We store IP addresses in the log files for a limited period of time if this is necessary for security purposes or for the provision of services or the billing of a service, e.g. if you use one of our offers. After cancellation of the order process or after receipt of payment, we delete the IP address if it is no longer required for security purposes. We also store IP addresses if we have a concrete suspicion of a criminal offense in connection with the use of our website. In addition, as part of your account, we store the date of your last visit (e.g. when registering, logging in, clicking links, etc.).

3.3 Cookies

We use so-called session cookies to optimize our website. A session cookie is a small text file that is sent by the respective servers when you visit a website and is temporarily stored on your hard drive. This file as such contains a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. These cookies are deleted after you close your browser. They are used, for example, so that you can use the shopping cart function across multiple pages.

To a lesser extent, we also use persistent cookies (also small text files that are stored on your terminal device), which remain on your terminal device and enable us to recognize your browser on your next visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is between 1 month and 10 years. This allows us to present our offer to you in a more user-friendly, effective and secure manner and, for example, to display information on the page that is specifically tailored to your interests.

Our legitimate interest in the use of cookies pursuant to Art 6 (1) p. 1 f) DSGVO is to make our website more user-friendly, effective and secure.In the cookies, the following data and information are stored, for example:

- Log-in information
- language settings
- search terms entered
- information about the number of visits to our website and the use of individual functions of our website.

When the cookie is activated, it is assigned an identification number and an assignment of your personal data to this identification number is not made. Your name, IP address or similar data that would enable the cookie to be assigned to you are not inserted into the cookie. On the basis of the cookie technology, we only receive pseudonymized information, for example, about which pages of our store were visited, which products were viewed, etc. You can set your browser so that you are informed in advance about the setting of cookies and can decide on a case-by-case basis whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This may limit the functionality of the website.

3.4 Data for the fulfillment of our contractual obligations

We process personal data that we need to fulfill our contractual obligations, such as name, address, e-mail address, ordered products, billing and payment data. The collection of this data is necessary for the conclusion of the contract. The deletion of the data takes place after the expiration of warranty periods and legal retention periods. Data linked to a user account (see below) will in any case be retained for the duration of the management of this account. The legal basis for the processing of this data is Art. 6 para. 1 p. 1 b) DSGVO, because this data is needed so that we can fulfill our contractual obligations to you.

3.5 User account

You can create a user account on our website. If you wish to do so, we require the personal data requested during login. When you log in later, only your email or user name and the password you have chosen are required. For the new registration we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details) as well as access data (user name and password).

To ensure your proper registration and to prevent unauthorized logins by third parties, you will receive an activation link by e-mail after your registration to activate your account. Only after successful registration do we permanently store the data you have submitted in our system. Once you have created a user account, you can have it deleted by us at any time without incurring any costs other than the transmission costs according to the prime rates. A notification in text form to the contact data mentioned in section 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. We will then delete your stored personal data, unless we still need to store them for the processing of orders or due to legal storage obligations. The legal basis for the processing of this data is your consent pursuant to Art. 6 para. 1 p. 1 a) DSGVO.

3.6 Newsletter

To register for the newsletter, the data requested in the registration process is required. The registration for the newsletter is logged. After registration, you will receive a message to the specified email address in which you are asked to confirm the registration ("double opt-in"). This is necessary so that third parties cannot register with your email address. You can revoke your consent to receive the newsletter at any time and thus unsubscribe.

We store the registration data as long as they are required for sending the newsletter. We store the logging of the registration and the shipping address as long as there was an interest in proving the consent originally given; as a rule, these are the limitation periods for claims under civil law, i.e. a maximum of three years. The legal basis for sending the newsletter is your consent pursuant to Art. 6 para. 1 p. 1 a) in conjunction with Art. 7 DSGVO in conjunction with § 7 para. 2 No. 3 UWG. The legal basis for logging the registration is our legitimate interest in proving that the dispatch was made with your consent.

You can cancel the registration at any time without incurring any costs other than the transmission costs according to the prime rates. A message in text form to the contact details mentioned under point 1 (e.g. e-mail, fax, letter) is sufficient for this. Of course, you will also find an unsubscribe link in every newsletter.

3.7 Product recommendations

We will send you product recommendations by e-mail on a regular basis, independently of the newsletter. In this way, we will send you information about products from our range that you might be interested in based on your most recent purchases of goods or services from us. In doing so, we strictly comply with the legal requirements. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact data mentioned under point 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. Of course, you will also find an unsubscribe link in every e-mail. The legal basis for this is the legal permission according to Art. 6 para. 1 p. 1 f) DSGVO in conjunction with § 7 para. 3 UWG.

3.8 E-Mail contact

If you contact us (e.g. via contact form or e-mail), we process your data to process the request and in case follow-up questions arise. If the data processing is carried out for the implementation of pre-contractual measures, which are carried out upon your request, or, if you are already our customer, for the implementation of the contract, the legal basis for this data processing is Art. 6 para. 1 p. 1 b) DSGVO.

We only process further personal data if you consent to this (Art. 6 para. 1 p. 1 a) DSGVO) or we have a legitimate interest in processing your data (Art. 6 para. 1 p. 1 f) DSGVO). A legitimate interest is, for example, to respond to your email.

We use Google Analytics, a web analytics service provided by Google, Inc. (»Google»). Google Analytics uses »cookies«, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by visitors to the site is usually transmitted to a Google server in the USA and stored there.

This is also our legitimate interest according to Art. 6 para. 1 p. 1 f) DSGVO.Google has submitted to the Privacy Shield agreement concluded between the European Union and the USA and has certified itself. Google thereby undertakes to comply with the standards and regulations of European data protection law. You can find more information in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

We have activated IP anonymization on this website (anonymizeIp). However, this means that your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.You can also prevent the transfer of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the browser plugin or within browsers on mobile devices, you can click on the following link to set an opt-out cookie that will prevent the collection by Google Analytics within this website in the future (this opt-out cookie only works in this browser and only for this domain. If you delete the cookies in your browser, you must click this link again): [Disable Google Analytics]

Unless specifically stated, we store personal data only for as long as is necessary to fulfill the purposes pursued. In some cases, the legislator provides for the retention of personal data, such as in tax or commercial law. In these cases, we only continue to store the data for these legal purposes, but do not process it in any other way and delete it after the legal retention period has expired.

According to the applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by e-mail or by post, clearly identifying yourself, to the address mentioned in point 1. Below you will find an overview of your rights.

6.1 Right to confirmation and information

You have the right to receive clear information about the processing of your personal data. In detail: You have the right to obtain confirmation from us at any time as to whether personal data relating to you is being processed. If this is the case, you have the right to request from us free information about the personal data stored about you, together with a copy of this data. Furthermore, you have the right to the following information:

1. the purposes of processing
2. the categories of personal data processed
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
5. The existence of a right to rectify or erase the personal data concerning you or to have the processing restricted by the controller, or a right to object to such processing
6. The existence of a right of appeal to a supervisory authority
7. If the personal data is not collected from you, any available information about the origin of the data
8. The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for you.

If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

6.2 Right to rectification

You have the right to demand that we correct and, if necessary, also complete personal data concerning you. In detail: You have the right to demand that we correct any inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.

6.3 Right to erasure (»right to be forgotten«)

In a number of cases, we are obliged to delete personal data concerning you. In detail: Pursuant to Article 17(1) of the GDPR, you have the right to request that we delete personal data concerning you without undue delay, and we are obliged to delete personal data without undue delay if one of the following reasons applies:

1. the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. you withdraw your consent on which the processing was based pursuant to Art. 6 (1) sentence 1 a) DSGVO or Art. 9 (2) a) DSGVO and there is no other legal basis for the processing.
3. you object to the processing pursuant to Art. 21(1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) DSGVO.
4. the personal data has been processed unlawfully.
5. erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
6. the personal data has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

If we have made the personal data public and we are obliged to erase it pursuant to Article 17(1) of the GDPR, we shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you have requested erasure of all links to or copies or replications of such personal data.

6.4 Right to restriction of processing

In a number of cases, you are entitled to request that we restrict the processing of your personal data. Specifically: You have the right to request us to restrict processing if one of the following conditions is met:

1. the accuracy of the personal data is contested by you for a period enabling us to verify the accuracy of the personal data
2. the processing is unlawful and you have refused to erase the personal data and instead requested the restriction of the use of the personal data
3. we no longer need the personal data for the purposes of processing, but you need the data for the assertion, exercise or defense of legal claims; or
4. You have objected to the processing pursuant to Article 21 (1) DSGVO, as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.

6.5 Right to data portability

You have the right to obtain, transmit, or have us transmit personal data concerning you in machine-readable form. Specifically: You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transfer this data to another controller without hindrance from us provided that

1. the processing is based on consent pursuant to Art. 6 (1) p. 1 a) DSGVO or Art. 9 (2) a) DSGVO or on a contract pursuant to Art. 6 (1) p. 1 b) DSGVO, and
2. the processing is carried out with the aid of automated processes.

When exercising your right to data portability pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from us to another controller, to the extent that this is technically feasible.

6.6 Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) sentence 1 e) or f) DSGVO; this also applies to profiling based on these provisions. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If we process personal data for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is associated with such direct marketing. You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) DSGVO, unless the processing is necessary for the performance of a task carried out in the public interest.

6.7 Automated decisions including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. Automated decision-making based on the personal data collected does not take place.

6.8 Right to revoke consent under data protection law

You have the right to revoke consent to the processing of personal data at any time.

6.9 Right to complain to a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you is unlawful.

We make maximum efforts to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.Your personal data is transmitted encrypted with us. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but we would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

To secure your data, we maintain technical and organizational security measures in accordance with Art. 32 DSGVO, which we continually adapt to the state of the art.We also do not guarantee that our offer will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are carefully backed up on a regular basis.

In principle, we only use your personal data within our company. If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transfer is necessary for the corresponding service.

In the event that we outsource certain parts of data processing (»commissioned processing«), we contractually oblige commissioned processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.A data transfer to bodies or persons outside the EU outside the case mentioned in this declaration in number 4 does not take place and is not planned.

If you still have questions or concerns about privacy, please contact our data protection officer:

Peter Gotzoll
Phone: 0049 30 2904 7000
E-Mail: hallo@monkeyxr.io

Status: 25.01.2023