Data protection at SmaKi
Data protection information
to the website
When you visit this website, your surfing behavior can be statistically evaluated. This is mainly done with so-called analysis programs. Detailed information on these analysis programs can be found in the following privacy policy.
We host the content of our website with the following provider: Amazon Web Services (AWS).
The use of Amazon Web Services is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Order processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which ensures that the data controller processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as the site operator via the contact form. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Objection to advertising e-mails
We hereby object to the use of contact data published in the context of the imprint obligation to send unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
Our Internet pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your end device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or they are automatically deleted by your web browser.
Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g. cookies for processing payment services).
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies can be used to evaluate user behavior or for advertising purposes.
Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. a GDPR. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
You can find out which cookies and services are used on this website in this privacy policy.
Consent with Borlabs Cookie
Our website uses Borlabs Cookie consent technology to obtain your consent to the storage of certain cookies in your browser or to the use of certain technologies and to document this in accordance with data protection regulations. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter referred to as Borlabs).
When you enter our website, a Borlabs cookie is stored in your browser, in which the consents you have given or the revocation of these consents are stored. This data is not passed on to the provider of Borlabs Cookie.
The data collected will be stored until you ask us to delete it or delete the Borlabs cookie yourself or until the purpose for storing the data no longer applies. Mandatory statutory retention periods remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
Borlabs cookie consent technology is used to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. c GDPR.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
This data is not merged with other data sources.
This data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website - the server log files must be recorded for this purpose.
Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyze the behavior of website visitors. The website operator receives various usage data, such as page views, length of visit, operating systems used and origin of the user. This data is assigned to the user's respective end device. There is no assignment to a user ID.
We can also use Google Analytics to record your mouse and scroll movements and clicks, among other things. Google Analytics also uses various modeling approaches to supplement the collected data records and uses machine learning technologies for data analysis.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
Browser plugin
You can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
You can find more information on how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
Order processing
We have concluded an order processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Google Ads
The website operator uses Google Ads. Google Ads is an online advertising program of Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ads enables us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms in Google (keyword targeting). Furthermore, targeted advertisements can be displayed based on the user data available at Google (e.g. location data and interests) (target group targeting). As website operators, we can evaluate this data quantitatively by analyzing, for example, which search terms led to the display of our advertisements and how many advertisements led to corresponding clicks.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://policies.google.com/privacy/frameworks and https://privacy.google.com/businesses/controllerterms/mccs/.
YouTube with enhanced data protection
This website embeds videos from the YouTube website. The operator of the pages is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the transfer of data to YouTube partners is not necessarily excluded by the extended data protection mode. YouTube establishes a connection to the Google DoubleClick network, regardless of whether you are watching a video.
As soon as you start a YouTube video on this website, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
Furthermore, YouTube may store various cookies on your end device after starting a video or use comparable recognition technologies (e.g. device fingerprinting). In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to record video statistics, improve user-friendliness and prevent fraud attempts.
After the start of a YouTube video, further data processing operations may be triggered over which we have no influence.
The use of YouTube is in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR represent. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Further information about data protection at YouTube can be found in their privacy policy at https://policies.google.com/privacy?hl=de.
Google Fonts (local hosting)
This site uses so-called Google Fonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.
Further information on Google Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=de.
Wordfence
We have integrated Wordfence on this website. The provider is Defiant Inc, Defiant, Inc, 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter "Wordfence").
Wordfence is used to protect our website from unwanted access or malicious cyberattacks. For this purpose, our website establishes a permanent connection to Wordfence's servers so that Wordfence can compare its databases with the accesses made on our website and block them if necessary.
The use of Wordfence is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its website as effectively as possible against cyberattacks. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.wordfence.com/help/general-data-protection-regulation/.
Order processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which ensures that the data controller processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
Data protection information on the WebApp
Our privacy policy in connection with the use of the web app contains all important information about our handling of your personal data and your associated rights. This privacy policy comes into force on 01.10.2024.
SmartKids GmbH, based at Martinsfeld 35, 50676 Cologne, Germany, is the operator of the SmaKi platform and its services and is responsible within the meaning of the General Data Protection Regulation (GDPR). If you have any questions about the collection and use of your data when using the platform or about your rights, please contact us at privacy@smaki.com.
The scope of this Privacy Policy extends to the use of the SmaKi website/platform and all applications, services, products and tools of SmartKids GmbH (collectively "SmaKi" or "Services"), regardless of how you access or use these Services, including use via mobile devices. We reserve the right to change this privacy policy at any time by publishing the updated version at (URL) and indicating the effective date of the changes. If you are registered with us, you will be notified of any significant changes by e-mail.
The following personal data is collected when you and your child/children use SmaKi's services, create a new account or contact SmaKi in any other way.
1. for adults
The data collected and processed for custodial adults includes first and last name, address, e-mail address, mobile number, nationality, date of birth, gender, password, copy of ID card/EU passport, bank account details. As part of the identity verification / Know Your Customer (KYC) procedure carried out by the payment service provider Treezor, further personal data may be collected. You can find Treezor's privacy policy here [LINK Data Privacy Treezor].
As a parent, you sign the contract with SmaKi and your children can use the service under your supervision. By agreeing to the privacy policy, you also consent to the collection and processing of your child/children's data.
The legal basis for the processing of your data is the fulfillment of the contract and the implementation of pre-contractual measures in accordance with Article 6 paragraph 1 sentence 1 lit. b GDPR. The legal basis for the processing of the data of the recipient of the power of attorney (child) is the consent pursuant to Article 6 (1) sentence 1 lit. a GDPR.
2. for children
By agreeing to the privacy policy and using the services of SmaKi, you as a parent therefore give your consent to the collection and processing of the personal data of your child or children.
The data collected and processed for children includes first and last name, address, email address (optional), mobile number (optional), nationality, date of birth, gender, password/PIN, copy of birth certificate/passport/ID card, profile name and profile picture (anonymized SmaKi profile name selected by the user and anonymized SmaKi avatars from the SmaKi database). At no time while using the SmaKi platform will the actual first name, gender, email address, date of birth, password/pin or documents of the child/children be shared with other users of the platform.
3. for advertisements and transactions
The data we collect includes information about advertisements and transactions that you or your child/children make. This includes the item name, item description, item category, item brand, item condition, item size, item color, item material, item photos, item number, metadata of uploaded photos, ISBN (only for book sales), price, negotiations, shipping options, package size, delivery address and reasons for deleting the item. Other transaction-related content that you or your child/children generate that is linked to your SmaKi account. Saved search requests and wish lists are also recorded.
In addition, we collect
- Data in connection with user ratings, such as the rating by stars, the anonymized profile name of the user, the date and time of the rating.
- Data defined by you via the parent account for the respective child profile (e.g. spending and transaction limits, collection and shipping options, age group, approval level for individual activities)
- Data in connection with a problem or infringement report relating to an article or a message from another user
- Data that you or your child/children generate with your account or that is associated with your account is also recorded (this includes login files, login date, login period, IP addresses)
- Data relating to the paid services offered by us (e.g. monthly/annual SmaKi membership fee) or as part of the payment services offered by our payment service provider in connection with our services (e.g. transaction data, account details, credit card numbers).
- Data in connection with deposits, withdrawals, transactions, piggy banks through the use of the SmaKi wallet
- Data that you or your child/children actively transmit to us (e.g. by e-mail) or that is generated by updating, editing or adding information to your SmaKi account (e.g. photos, product information).
- Data that we as the platform operator are legally obliged or authorized to collect and process (e.g. logins, passwords, account verification, identification).
- Data related to the collection of SmaKi points for sustainable action, successful learning and saving (e.g. the number of points received for a particular activity)
- Data related to assigned and consumed contributions in the SmaKi Academy (e.g. the number of correct answers as a result of completing a contribution quiz)
- Content that you or your child/children exchange in messages with other users via our messaging tools/chat function
a. when using the Services
In addition, we collect
- Data generated in connection with your use of our SmaKi services and your SmaKi account (e.g. ads placed, ads visited, search queries and search histories).
- Data that determines information about your location or the location of your child/children. This applies to both location devices and mobile devices in order to provide you or your child/children with location-based services (such as proximity search).
- Data containing information about the connection when using the SmaKi services (e.g. IP addresses, login/logout times, weblog data)
b. shared data from social networks
The SmaKi platform is compatible with social networks. For example Advertisements on the SmaKi platform can be shared or made public via a link on social networks. SmaKi would like to take this opportunity to point out that social networks also collect personal data and have their own data protection regulations. You can find these under
- https://www.facebook.com/about/privacy/
- https://twitter.com/privacy
- https://www.tiktok.com/legal/page/eea/privacy-policy
- https://policies.google.com/privacy?hl=de-de
- https://help.instagram.com/155833707900388
c. for the use of cookies and other sources
We use cookies and similar technologies to collect data when you use our services. This is done regardless of whether you are using a fixed device or a mobile device. We collect
- Data about websites accessed during the use of our services (e.g. B. Web addresses, type, scope and duration of the websites visited.
- Data for categorization and thematic grouping of user behavior.
- Data about the (mobile) end device via which the SmaKi services are used (e.g. IP address, cookie settings, token).
In addition, SmaKi also collects, combines and processes data from publicly accessible sources, from credit and credit check providers and from providers of online-based advertising.
The processing of this data is generally based on Art. 6 para. 1 p. 1 lit. b GDPR (contract fulfillment) for the account holder and on Art. 6 para. 1 p. 1 lit. a GDPR (consent) for the recipient of the power of attorney. In doing so, we pursue the purposes described below.
a. Purpose of the fulfillment of the contract
We process personal data in order to conclude and perform the contract with you, including the use of our services such as publishing advertisements and contacting other users. We ensure the infrastructure of transactions, payment processes and communication with other users by passing on your personal data, anonymized if possible, to other SmaKi users and our external payment service provider. We provide other services that you or your child/children use as described in connection with these services. At the same time, we want to ensure the enforcement of our privacy policy and our terms and conditions.
b. Purpose of performance fulfillment and improvement
We process your child/children's data and pass it on to our payment service provider to enable the processing of purchases and sales of goods, payments and identity and KYC checks. We provide functions such as ratings, problem and violation reports and account management and are constantly improving them. We want to solve problems with the SmaKi account/account, content or user behavior as quickly as possible through our SmaKi support. We want to offer you the possibility to access your and other people's advertisements at any time. At the same time, we will perform technical analysis. and performance analysis tools to maintain the security of the SmaKi platform, to ensure the functionality and availability of the services and to continuously improve them.
c. Purpose of quality control
We measure the success of our services and improve their quality. We adapt content and services to your preferences (personalization). We thereby guarantee the security and functionality of our services.
d. Purpose of the information
We want to inform you or your child/children about opening hours, new news, purchases, sales, ratings, SmaKi Academy content and the credit balance. We want to inform you as parents about the exercise of the control function (e.g.: Checking and approving purchases, publishing advertisements, news) and other activities of your child/children. We want to ensure that important information and marketing messages are sent via the SmaKi notification system. We want to contact you via various channels (e.g. by telephone, SMS or e-mail). In addition, the transmission of transaction-supporting information (e.g. address of the seller, buyer) should be made possible. We want to provide you with information about new functions, services and special offers on the SmaKi platform or the SmaKi app. We would like to inform you or your child/children about changes to our terms and conditions and privacy policy.
e. Purpose of the personalized content
We want to provide you or your child/children with personalized content (e.g. sales offers) via the SmaKi platform and the SmaKi app by processing location data. This is also to be achieved through e-mail marketing in various campaigns. With your consent, we will process your personal data and that of your child/children for electronic advertising of SmaKi products and services.
f. Purpose of the legal obligation and for the protection of natural persons
We want to fulfill our legal obligations pursuant to Art. 6 para. 1 lit. c and lit. d GDPR in the best possible way. To this end, we must provide the best possible support to authorities and other state institutions in the investigation and clarification of critical issues and official inquiries. We will fulfill legal claims for information (e.g. according to IFG), if these are justified. In addition, we will store personal data in order to comply with our legal obligation to retain data. Within the scope of our legal obligation, we will pass on personal data to external third parties if this is necessary in the context of proceedings (e.g. court proceedings) by official state authorities or in the context of civil proceedings (e.g. credit agencies, police, public prosecutor's office or other state institutions and authorities). This applies in particular to legal claims within the SmaKi platform between different users.
g. Purpose of observing the interests of both parties
We want to align our interests and rights with your interests and your child's/children's rights in the best possible way and process your and your child's/children's personal data to carry out necessary risk assessments and for the SmaKi platform or external third parties and thus ensure the prevention of security breaches (e.g. by crawlers or automated bots).
We will not pass on and/or sell any personal data to third parties without your consent. If we process your personal data for purposes other than those stated in this privacy policy, you will be informed of this in advance and within a reasonable period of time.
We and our service providers will store your and your child's personal data for as long as this is compatible with applicable data protection law and necessary for the processing purposes set out above. As soon as this necessity is no longer given, we will delete and or properly anonymize your data. In Germany, the retention periods vary between 5-10 years. The actual retention period is always determined on a case-by-case basis in accordance with the applicable limitation, verification and retention periods.
If applicable law or other reasons require us to store your data for longer, we will store the data for longer in accordance with this period. Such an extension of the deadline may arise primarily for accounting, tax or criminal law reasons. In addition, we always ensure that the transactions must be concluded by both contracting parties.
We will irrevocably delete your personal data after the above-mentioned periods have expired.
You have the right to information, deletion, transfer, correction and restricted processing of your personal data or that of your child/children vis-à-vis SmartKids GmbH at any time. You have the right to withdraw your consent at any time and to object to further collection and/or processing by SmartKids GmbH. In addition, you have the right to lodge a complaint with the competent data protection authority.
a. Right to information
You have the right to request information about your personal data and that of your child/children from SmartKids GmbH at any time. In particular, you can request information about the processing purposes, storage period, time of collection, data recipients and disclosure periods of your data.
b. Right to erasure
You have the right to request SmartKids GmbH to delete your personal data and that of your child/children at any time, provided that this data does not have to be retained for longer due to legal retention obligations.
c. Right to transfer / data portability
You have the right to transfer the personal data that SmartKids GmbH has collected from you and your child/children to SmartKids GmbH at any time. The transmission takes place via a computer-generated written representation.
d. Right to correction
You have the right to request SmartKids GmbH to correct your personal data and that of your child/children that SmartKids GmbH has collected from you at any time. This can be done by completing incomplete data or correcting incorrect data.
e. Right to restricted processing
You have the right vis-à-vis SmartKids GmbH to restrict the processing of your personal data and that of your child/children at any time. The prerequisite for this is that you dispute the completeness and accuracy of the data and that its processing by SmaKi is unlawful and you have objected to the data processing.
f. Right to object
You have the right to object to the processing of your personal data and that of your child/children by SmartKids GmbH at any time, provided that you present reasons for objection which are to be taken into account by SmartKids GmbH. SmaKi will process an objection free of charge for you. In the event of misuse, SmartKids GmbH expressly reserves the right to invoice the costs incurred at any time.
g. Exercising the rights of data subjects
To properly exercise the above-mentioned data subject rights, please use our contact option at privacy@smaki.com. If the user terminates the user account themselves, SmartKids GmbH will inform the user again by e-mail of their rights in this case. The rights are then to be exercised via the above e-mail address. If a user account is blocked by SmaKi, the personal data associated with this account will be stored for as long as it takes to process the reason for blocking and until the matter in question has been finally clarified.
SmartKids GmbH and its service providers use cookies and technologically equivalent programs to ensure orderly performance and high-quality, secure use of the SmaKi website/platform and SmaKi app. These cookies and technologically equivalent programs perform various functions (e.g. displaying error messages) in order to provide technical support and continuously improve our services.
SmaKi uses the following technically necessary cookies:
- cookie-consent--> we store the cookie consent of the user
- Smaki-claims ---> we store this key for authorizations.
- Smaki-token ---> we store the token of the logged-in user
- Smaki-type ---> we store the user type "parent" or "child"
Our cookies and technologically equivalent programs are only active on your end device for as long as the respective browser session is active.
