Privacy policy

Privacy Policy Part A: SmaKi-Usage

Our privacy policy contains all important information about our handling of your personal data and your associated rights. This privacy policy comes into force on 01.09.2024.

1 Who is responsible?

SmaKi GmbH, located at Martinsfeld 35, 50676 Cologne, Germany, is the operator of the SmaKi platform and its services and 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.

2 What is the scope of this privacy policy?

The scope of this Privacy Policy applies to your use of this website and all SmaKi applications, services, products and tools (collectively, the “Services”), regardless of how you access or use the Services, including via mobile devices. We reserve the right to change this Privacy Policy at any time by posting the updated version and indicating the effective date of the changes. Material changes will be communicated to you by email if you are registered with us.

3. What personal data is collected and processed?

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.

a. 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 and copy of ID card / EU-passport, bank account details. As part of the identity check / Know Your Customer (KYC) procedure carried out by the payment service provider, further personal data may be collected.

As a parent, you conclude 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 processing the data of the recipient of the power of attorney (child) is consent pursuant to Article 6 (1) sentence 1 lit. a GDPR.

b. 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 your child’s or children’s personal data.

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 the birth certificate/passport/ID card and profile picture (anonymised SmaKi profile name selected by the user and anonymised SmaKi avatars from the SmaKi database). At no time during the use of 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.

c. for published items  and transactions

The data we collect includes information about published items 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, uploaded photo metadata, ISBN (for book sales only), price, negotiation, shipping options, package size, shipping address, and reasons for item deletion. Other transaction-related content that you or your child/children generate, which 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 that you have defined for the respective child profile via the parent account (e.g. spending and transaction limits, collection and dispatch options, age group, authorisation level for individual activities)
• Data in connection with a problem or violation report related to an published item 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 and IP addresses).
• Data relating to the paid services offered by us (e.g. monthly/yearly 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 pay ins, pay outs, 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 and successful learning and saving (e.g. the number of points received for a particular activity)
• Data related to assigned and consumed posts 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

d. when using the SmaKi services

In addition, we collect

• Data generated in connection with your use of our SmaKi services and your SmaKi account (e.g. published items, items 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 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 (IP addresses, login/logout times, weblog data)

e. shared data from social networks

The SmaKi platform is compatible with social networks. For example, published items on the SmaKi platform can be shared or made public via a link on social networks. SmaKi would like to point out at this point that social networks also collect personal data and have their own data protection regulations. These can be found at

• 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

f. for the use of cookies and other sources

We use cookies and similar technologies to collect data when you use our SmaKi services. This happens regardless of whether you are using a fixed device or a mobile device. We collect

• Data about websites accessed during the use of SmaKi services (e.g. 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 service is 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.

4. on what legal basis and for what purpose is personal data collected and processed?

The processing of this data is generally based on Art. 6 para. 1 sentence 1 lit. b GDPR (fulfillment of contract) for the account holder and on Art. 6 para. 1 sentence 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 items for sale and contacting other users. We ensure the infrastructure of transactions, payment processes and communication with other users by sharing your personal data with other SmaKi users as well as out external payment service provider. We provide other services that you or your child make use of, 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 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 features such as reviews, reporting of problem and violations and account management and are constantly improving these. We want to solve problems with the SmaKi account/account, content or user behaviour as quickly as possible through our SmaKi support team. We want to offer you the possibility to access your and other users published items at any time. At the same time, we will use technical analysis and performance analysis tools to maintain the security of the SmaKi platform, ensure the functionality and availability of the services and 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. In doing so, we ensure the security and functionality of our services.

d. Purpose of the information

We want to keep your child/children regularly informed about opening hours, new news, purchases, sales, ratings, SmaKi Academy content, credit balance and the SmaKi piggy bank. We want you as parents to exercise the control function (e.g:  Checking and approving purchases, publishing items for sale, news) and to inform you about other activities of your child/children. We want to ensure the sending of important information and marketing messages via the SmaKi notification system. We want to contact you via various channels (e.g. by phone, SMS or e-mail). At the same time, we will carry out identity checks and corresponding verifications. 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 want to inform you about changes to our terms and conditions and privacy policy. 

e. Purpose of the personalized content

We want to provide you and your child/your children with personalized content (e.g. sales offers, advertising) via the SmaKi platform and the SmaKi app by processing location data. This will also be accomplished through email marketing in various campaigns. With your consent, we will use your personal data and the data of your child/children for electronic advertising of products and services of SmaKi.

f. Purpose of the legal obligation and for the protection of natural persons

We want to fulfill our legal obligations in accordance with 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 facts and official investigations. 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 bodies 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 harmonize our interests and rights with your interests and rights in the best possible way and process your 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 at a reasonable time in advance.

5 How long do we store your personal data and when is it deleted?

We and our service providers store your personal data and the data of your child / children for as long as this is compatible with the applicable data protection law and is necessary for the above-mentioned processing purposes. As soon as this necessity is no longer given, we will delete and or properly anonymize your data. In Germany, the retention obligations 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 there is a longer retention period for your data due to applicable law or other reasons, we will retain the data for longer in accordance with this period. Such an extension may arise primarily for accounting, tax or criminal reasons. In addition, we always ensure that the transactions must be completed by both contracting parties.

We will irrevocably delete your personal data after the above-mentioned periods have expired.

6 What rights do you have in connection with your personal data?

You have the right to information, deletion, transfer, correction and restricted processing of your personal data and the data of your child / children vis-à-vis Smart Kids GmbH. You have the right to withdraw your consent at any time and to object to further collection and/or processing by SmartKids GmbH. You also 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 the data of your child/children from SmartKids GmbH at any time. Specifically, 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 the data of your child/children at any time, provided that this data does not have to be stored 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 at any time. The transfer takes place by means of a computer-generated written representation.

d. Right to correction

You have the right to ask SmaKi to correct your personal data that SmartKids GmbH has collected from you and your child/children at any time. This can be done by completing incomplete data or correcting incorrect data.

e. Right to restricted processing

You have the right to restrict the processing of your personal data and the data of your child/children by SmartKids GmbH at any time. The prerequisite for this is that you dispute the completeness and accuracy of the data and that its processing by SmartKids GmbH 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 the data of your child/children by SmartKids GmbH at any time, provided that you present reasons for objection which SmartKids GmbH must take into account. SmartKids GmbH will process your objection free of charge. In the event of misuse, SmartKids GmbH expressly reserves the right to charge you for the costs incurred.

g. Exercising the rights of data subjects

In order to properly exercise the above-mentioned data subject rights, please use our contact option at privacy@smaki.com. If the user terminates their user account, SmartKids GmbH will inform the user again by email of their rights in this case. The rights must then 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.

7. cookies

SmartKids GmbH and its service providers use cookies and technologically equivalent programs to ensure orderly performance and high-quality, secure use of the SmaKi platform and SmaKi app. These cookies and technologically equivalent programs perform various functions (e.g. displaying error messages) to technically support and continuously improve our SmaKi services. We also use cookies to provide you with personalized advertising.

Our cookies and technologically equivalent programs are only active on your end device for as long as the respective browser session is active.