1) Information on the Collection of Personal Data and Contact Details of the Controller 1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified. 1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Jan Hammer, Hammer Creations, Lärchenstraße 17, 74389 Cleebronn, Deutschland, E-Mail: jan@3daistudio.com. The controller in charge of the processing of personal data 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 You Visit Our Website
2.1 When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you: - Our visited website - Date and time at the moment of access - Amount of data sent in bytes - Source/reference from which you came to the page - Browser used - Operating system used - IP address used (if applicable: in anonymized form) Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any 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 inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
3) Hosting & Content Delivery Network
3.1 GoDaddy
For the hosting of our website and the display of the page content, we use the system of the following provider: Go Daddy Operating Co LLC, 14455 North Hayden Road Suite 226 Scottsdale, AZ 85260, USA All data collected on our website is processed on the provider"s servers. We have concluded an order processing agreement with the provider, ensuring the protection of our site visitors" data and prohibiting unauthorised disclosure to third parties. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission. 3.2 Vercel
For the hosting of our website and the display of the page content, we use the system of the following provider: Vercel Inc, 340 S Lemon Ave #4133, Walnut, CA 91789, USA All data collected on our website is processed on the provider"s servers. We have concluded an order processing agreement with the provider, ensuring the protection of our site visitors" data and prohibiting unauthorised disclosure to third parties. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission. 3.3 AWS CloudFront (Amazon) We use a content delivery network offered by the following provider: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109, USA This service enables us to deliver large media files such as graphics, page content or scripts faster via a network of regionally distributed servers. The processing is carried out to protect our legitimate interest in improving the stability and functionality of our website pursuant to Art. 6 (1) point f GDPR. We have concluded an order processing agreement with the provider, ensuring the protection of our site visitors" data and prohibiting unauthorised disclosure to third parties. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission. 3.4 Cloudflare We use a content delivery network offered by the following provider: Cloudflare Inc., 101 Townsend St. San Francisco, CA 94107, USA This service enables us to deliver large media files such as graphics, page content or scripts faster via a network of regionally distributed servers. The processing is carried out to protect our legitimate interest in improving the stability and functionality of our website pursuant to Art. 6 (1) point f GDPR. We have concluded an order processing agreement with the provider, ensuring the protection of our site visitors" data and prohibiting unauthorised disclosure to third parties. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
4) 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 end device. In some cases, these cookies are automatically deleted again after the browser is closed (so-called "session cookies"), in other cases, these cookies remain on your end device for longer and allow page settings to be saved (so-called "persistent cookies"). In the latter case, you can find the duration of the storage in the overview of the cookie settings of your web browser. If personal data is also processed by individual cookies set by us, the processing is carried out either in accordance with Art. 6 (1) point b GDPR for the performance of the contract, in accordance with Art. 6 (1) point a GDPR in the case of consent given or in accordance with Art. 6 (1) point f GDPR to safeguard 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 you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Please note that the functionality of our website may be limited if cookies are not accepted.
5) Contacting Us When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
6) Data Processing When Opening a Customer Account and for Contract Processing Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed to the extent required in each case if you provide us with this data 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.
6.1 Login and Security Activity
To help you keep your account secure, we record information about successful sign-ins to your account. We collect and process the following personal data: your IP address, an approximate location (country) derived from your IP address, your device, browser and operating system, the date and time of the sign-in, and the sign-in method used (email one-time code, Google, Discord or GitHub). This information is associated with your account and shown to you in your account settings under "Login activity". The purpose of this processing is account security - enabling you to review recent sign-ins and to detect and stop access you do not recognise - as well as the prevention of fraud and abuse. The legal basis is our legitimate interest in the security of our service and your account pursuant to Art. 6 (1) point f GDPR (see also Recital 49 GDPR); no separate consent is required for this security processing. The approximate location is derived from your IP address using a locally hosted database (IP-to-country data by DB-IP); your IP address is not transmitted to any third-party geolocation service for this purpose. Because it is based on the IP address, the location is only approximate and may be inaccurate, for example when a VPN is used. This login history is stored for the duration of your account and is automatically deleted when your account is deleted; within the application, only sign-ins from the last 90 days are displayed. You can end all active sessions at any time using the "sign out of all devices" function in your account settings.
7) Use of Client Data for Direct Advertising 7.1 Subscribe to 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. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link. By activating the confirmation link, you give us your consent for the use of your personal data pursuant to Art. 6 (1) point a GPPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration for the purpose of tracing any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the promotional purposes by way of the newsletter. 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 a more extensive use your data which is permitted by law and about which we inform you in this declaration. 7.2 Notification by e-mail of stock availability If our online shop provides the possibility of informing you by e-mail about the time of availability for selected, temporarily unavailable items, you can subscribe to our e-mail notification service for product availability. If you register for our e-mail notification service for product availability, we will send you a one-time message by e-mail about the availability of the article you have selected. The only mandatory information needed to send this notification is your e-mail address. The indication of further data is voluntary and is used if appropriate, in order to be able to address you personally. We use the so-called double opt-in procedure when sending this notification. This means that we will only send you a corresponding notification after you have expressly confirmed that you agree to receive such a message. We will then send you a confirmation e-mail asking you to click on a link to confirm that you wish to receive such notification. By activating the confirmation link, you consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for our e-mail notification service for product availability, we store your IP address as registered by the internet service provider (ISP) as well as the date and time of registration in order to be able to track any possible misuse of your e-mail address at a later time. The data collected by us when you register for our e-mail notification service regarding the availability of goods is used exclusively for the purpose of informing you about the availability of a particular item in our online shop. You can cancel the e-mail notification service for the availability of goods at any time by sending a corresponding message to the controller in charge of data processing named at the beginning. After you have unsubscribed, your e-mail address will be deleted immediately from our distribution list, unless you have expressly consented to the further use of your data or unless we reserve the right to make further use of your data in accordance with the law about which we inform you in this declaration.
8) Processing of Data for the Purpose of Order Handling 8.1 Transmission of image files for order processing via upload function On our website, we offer customers the opportunity to order the customization of products by sending image files via an upload function. The submitted image motif is used as a template for the customization of the selected product. Using the upload function 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 collect, store, and use files transmitted in this way exclusively to produce the customized 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 in the following paragraphs. Any further disclosure 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 (1) point b GDPR. After final processing of the order, the transmitted image files are automatically and completely deleted. 8.2 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 GDPR. 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 Para. 1 lit. c GDPR. 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 that this is 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. 8.3 Use of Payment Service Providers - Paypal Online payment methods from 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 (1) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose. When selecting a payment method of the provider with which the provider makes advance payments, you will also be asked to provide certain personal data (first name and surname, street, house number, postcode, city, date of birth, e-mail address, telephone number, if applicable data on alternative means of payment) during the ordering process. In order to safeguard our legitimate interest in determining the solvency of our customers, this data is passed on to the provider by us for the purpose of a credit check in accordance with Art. 6 (1) point f GDPR. On the basis of the personal data provided by you as well as further data (such as shopping cart, invoice total, order history, payment history), 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. - Paypal Checkout This website uses PayPal Checkout, an online payment system from PayPal, which consists of PayPal"s own payment methods and local payment methods from third-party providers. When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "Pay Later" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only insofar as this is necessary for the payment processing. For the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "Pay later" via PayPal - PayPal reserves the right to conduct a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of PayPal"s legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information 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 PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments. If you select the PayPal payment method "purchase on account", your payment data will first be transferred to PayPal in preparation for payment, whereupon PayPal will forward them to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay") in order to carry out the payment. The legal basis in each case is Art. 6 para. 1 lit. b GDPR. In this case, RatePay carries out an identity and creditworthiness check on its own behalf to determine solvency in accordance with the principle already mentioned above and passes on your payment data to credit agencies on the basis of the legitimate interest in determining solvency in accordance with Art. 6 Para. 1 lit. f GDPR. A list of the credit agencies that Ratepay may use can be found here: https://www.ratepay.com/legal-payment-creditagencies/ When using the payment method of a local third party provider, your payment data will first be forwarded to PayPal for the preparation of the payment in accordance with Art. 6 (1) lit. b GDPR. Depending on your selection of an available local payment method, PayPal will then transfer your payment data to the corresponding provider in order to carry out the payment in accordance with Art. 6 Para. 1 lit. b GDPR: - Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany). - iDeal (Currence Holding BV, Beethovenstraat 300 Amsterdam, Netherlands) - giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany) - bancontact (Bancontact Payconiq Company, Rue d"Arlon 82, 1040 Brussels, Belgium) - blik (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland) - eps (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2 1200 Vienna, Austria) - MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France) - Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland). For further information on data protection, please refer to PayPal"s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full - Stripe Online payment methods from the following provider are available on this website: Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland If you select a payment method of 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) point b GDPR. In this case, your data will only be passed on for the purpose of processing payment with the provider and only to the extent necessary for this purpose. 8.4 Electronic termination option for continuing obligations with consumers Consumers who have concluded contracts on this website for continuing obligations for which payment is required (e.g., subscription contracts) have the option of terminating these contracts via an electronic button in accordance with the applicable notice periods. Pressing the button leads to a confirmation page on which the consumer can provide more detailed information on the termination, clearly identify himself and subsequently declare his termination electronically. The collection of personal data and its transmission to us is carried out in accordance with Art. 6 (1) point b GDPR and only to the extent necessary for the proper processing of the termination. Pursuant to Art. 6 (1) point b GDPR, the provided personal data will also be used to confirm receipt of the termination declaration and the termination date by electronic means in text form. The additional legal basis for such processing is Art. 6 (1) point c GDPR. We are legally obliged to provide an electronic termination option for consumer contracts concluded by means of electronic commerce regarding continuing obligations for which payment is required.
9) Site Functionalities 9.1 Google Sign-In On our website we provide a single sign-on function offered by the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland In addition to the transfer of data to the above-mentioned provider location, data may also be transferred to: Google LLC, USA If you have an account with the provider, you can use this account data to create a user account or to register on our website. When you visit this page, a direct connection between your browser and the provider"s servers can be established via this login function, even if you do not have an account with the provider or are not logged in to one. The provider thereby receives the information that you have visited our site. The information collected in this respect (including your IP address, if applicable) is transmitted by your browser directly to a server of the provider and stored there. However, the information is not used to identify you personally and is not passed on to third parties. These data processing operations are carried out in accordance with Art. 6 (1) point f GDPR based on our legitimate interest in a user-friendly and interactive design of our online presence. If you click on the registration button to register with your account data by logging into the provider"s website, the provider will transmit the general and publicly accessible information stored in your account (user ID, name, address, e-mail address, age, and gender) to us based on your express consent pursuant to Art. 6 (1) point a GDPR. We store and use the data transmitted by the provider to set up a user account containing the necessary data (title, first name, surname, address data, country, email address, date of birth), if you have released that data to the provider. Conversely, data (e.g., information about your surfing or purchasing behavior) may be transferred from us to your account held with the provider based on your consent. The consent given can be revoked at any time with effect for the future vis-à-vis us. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission. 9.2 Discord Sign-In On our website we provide a single sign-on function offered by the following provider: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107, USA If you have an account with the provider, you can use this account data to create a user account or to register on our website. If you click on the corresponding registration button and log in with your account data on the website of the provider, the provider will transmit the information stored in your account which you release for this purpose (in particular user ID, user name, e-mail address and profile picture) to us on the basis of your express consent pursuant to Art. 6 (1) point a GDPR. We store and use this data to set up and provide your user account containing the necessary data. The consent given can be revoked at any time with effect for the future vis-à-vis us. For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are meant to ensure compliance with the European level of data protection. 9.3 GitHub Sign-In On our website we provide a single sign-on function offered by the following provider: GitHub, Inc., 88 Colin P. Kelly Jr. Street, San Francisco, CA 94107, USA If you have an account with the provider, you can use this account data to create a user account or to register on our website. If you click on the corresponding registration button and log in with your account data on the website of the provider, the provider will transmit the information stored in your account which you release for this purpose (in particular user ID, user name, e-mail address and profile picture) to us on the basis of your express consent pursuant to Art. 6 (1) point a GDPR. We store and use this data to set up and provide your user account containing the necessary data. The consent given can be revoked at any time with effect for the future vis-à-vis us. For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are meant to ensure compliance with the European level of data protection. 9.4 reCAPTCHA On this website, we use the CAPTCHA service of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland Data may also be transmitted to: Google LLC, USA. For the visual design of the CAPTCHA window, the provider uses "Google Fonts", i.e., fonts loaded from the Internet by Google. No further information is processed except that mentioned above, which is already transmitted to Google via the functionality of ReCaptcha. The service checks whether an input is made by a natural person or abusively by machine and automated processing with the aim of blocking spam, DDoS attacks and similar automated malicious attacks. To ensure whether an action is performed by a human being and not by an automated bot, the provider collects the IP address of the end device used, the recognition data of the browser, the operating system type and the date and duration of the visit and transmits these data to the provider"s servers to be evaluated. This process is based on our legitimate interest in determining individual responsibility when using the Internet and in preventing abuse and spam in accordance with Art. 6 Para. 1 lit. f GDPR. We have concluded an order processing contract with the provider, ensuring the protection of our site visitors" data and prohibiting unauthorized disclosure to third parties. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10) Web Analytics and Advertising
On our website, we use the web analytics and advertising services listed below. Unless expressly stated otherwise below, the processing of personal data in connection with these services (in particular the storage of and access to information on your end device, such as cookies, as well as the processing of your IP address, browser and device information and usage data) is carried out exclusively on the basis of your express consent pursuant to Art. 6 (1) point a GDPR and, with regard to the storage of and access to information on your end device, Section 25 (1) TDDDG. You give your consent via the "cookie consent tool" provided on our website, and the respective services are only loaded after you have given your consent. You can revoke your consent at any time with effect for the future via the settings of the cookie consent tool.
10.1 Google Analytics 4
We use the web analytics service of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") Data may also be transmitted to: Google LLC, USA Google Analytics uses cookies and similar technologies to analyse your use of our website. The information collected in this way (including your truncated IP address, the pages visited, the duration of the visit, the approximate location, and browser and device information) is used to compile pseudonymous reports on website activity, which help us to understand and improve the use of our offering. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.2 Google Ads Conversion Tracking and Google Tag Manager
We use the conversion tracking service Google Ads of the provider named in section 10.1 to measure whether users who reach our website via a Google advertisement carry out certain actions (for example a registration or a purchase). For this purpose, a cookie is set on your end device when you click on a Google advertisement, and the data collected in this way (including the pages visited and the conversion event) is used to compile conversion statistics. We do not receive any information with which we can personally identify you. In addition, we use Google Tag Manager, a service of the same provider which is used to integrate and manage the services described in this section. Google Tag Manager itself does not create user profiles and does not store any cookies of its own. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.3 Microsoft Clarity
We use the analysis service Microsoft Clarity of the following provider: Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland ("Microsoft") Data may also be transmitted to: Microsoft Corporation, USA Microsoft Clarity records how visitors use our website (including mouse movements, clicks and scrolling behaviour) and generates session replays and heatmaps from this information. These recordings help us to identify usability problems and to improve our website. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.4 Microsoft Advertising (Universal Event Tracking)
We use the conversion tracking service Universal Event Tracking (UET) of the provider Microsoft named in section 10.3. If you have reached our website via an advertisement in the Microsoft advertising network (Microsoft Advertising, for example on Bing), the service enables us to measure whether certain actions (for example a registration or a purchase) are subsequently carried out on our website. We do not receive any information with which we can personally identify you. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.5 Meta Pixel
We use the "Meta Pixel" of the following provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland ("Meta") Data may also be transmitted to: Meta Platforms, Inc., USA The Meta Pixel enables us to measure the success of advertisements placed by us on Meta platforms (Facebook and Instagram) and to display interest-based advertising to you on those platforms. For this purpose, information about your visit to our website (including the pages visited, actions carried out, your IP address and browser information) is transmitted to Meta and may be linked there to your Meta user account. Insofar as the collection of this data on our website and its transmission to Meta is concerned, we and Meta are joint controllers within the meaning of Art. 26 GDPR and have concluded a corresponding agreement. Meta is solely responsible for the subsequent processing of the transmitted data. For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
10.6 Reddit Pixel
We use the conversion tracking service "Reddit Pixel" of the following provider: Reddit, Inc., 548 Market Street #16093, San Francisco, CA 94104, USA The Reddit Pixel enables us to measure the success of advertisements placed by us on Reddit and to display interest-based advertising to you there. For this purpose, information about your visit to our website (including the pages visited and actions carried out) is transmitted to the provider. For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are meant to ensure compliance with the European level of data protection.
10.7 PostHog
We use the product analytics service of the following provider: PostHog, Inc., 2261 Market Street #4008, San Francisco, CA 94114, USA We use the EU cloud offering of the provider; analytics data is processed on servers located within the European Union. The service helps us to understand how the functions of our platform are used (for example which features are opened and which actions are carried out within the application) and to control the gradual roll-out of new functions (so-called feature flags). Usage events are only captured if you have given your consent pursuant to Art. 6 (1) point a GDPR; if you do not give your consent or revoke it, the service is limited to the technically necessary provision of feature flags without behavioural tracking, based on our legitimate interest in the controlled and stable operation of our platform pursuant to Art. 6 (1) point f GDPR. Insofar as personal data is exceptionally transferred to the USA, the provider relies on standard contractual clauses of the European Commission, which are meant to ensure compliance with the European level of data protection.
10.8 Sentry
We use the error diagnosis service "Sentry" of the following provider: Functional Software, Inc., 45 Fremont Street, 8th Floor, San Francisco, CA 94105, USA The service collects information about technical errors that occur during the use of our website (including error messages, the browser and operating system used, the time of the error and, if applicable, your IP address) and helps us to identify, reproduce and correct malfunctions. The processing is carried out on the basis of our legitimate interest in the stability, security and error-free functioning of our website pursuant to Art. 6 (1) point f GDPR. Error reports are used exclusively for error diagnosis and are not combined with the data of the analytics and advertising services described above. For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are meant to ensure compliance with the European level of data protection.
11) API Services (3D AI Studio API)
11.1 Scope and Roles
In addition to our website, we operate a public API at api.3daistudio.com that provides AI-powered image generation, 3D model generation, and 3D file processing services. When you use the API, the following data processing activities apply. When we process personal data that you submit through the API (for example, images containing identifiable individuals), we act as a data processor (Auftragsverarbeiter) within the meaning of Article 28 GDPR on your behalf. In this case, you are the data controller and are responsible for ensuring that you have a valid legal basis for the processing, including obtaining any necessary consents from data subjects. The details of our processing as a data processor are set out in our Data Processing Agreement (DPA) at https://www.3daistudio.com/Platform/API/DPA, which forms an integral part of the API Terms of Service. When we process personal data for account management, billing, security, and service operation purposes, we act as a data controller.
11.2 Data We Collect as Controller When You Use the API
When you create an API account and use the API, we collect and process the following personal data as data controller pursuant to Art. 6 (1) point b GDPR (contract performance) and Art. 6 (1) point f GDPR (legitimate interest in security and service operation): account data (email address, hashed password, two-factor authentication device information); API request logs including IP address, API endpoint called, timestamp, HTTP status code, and credits consumed; authentication and security data including API key metadata (hashed keys, creation date, expiration date, first and last four characters), failed authentication attempts (IP address, timestamp), and rate limiting data; billing and payment data including credit purchase history, credit balance, and transaction records (payment details are processed by Stripe and are not stored by us directly). We do not store the substance of your API Input (such as images or text prompts) beyond the duration of the individual API request. Generated Output files are automatically and permanently deleted twenty-four (24) hours after generation.
11.3 Retention Periods for API Data
API request logs (endpoint, timestamp, status code, IP address, credits consumed): twenty-four (24) months, after which they are automatically deleted. Billing and financial records (credit purchases, transactions, ledger entries): ten (10) years, in accordance with German tax law (AO §147, HGB §257). Security logs (failed authentication attempts, rate limit events): twelve (12) months. Account data (email, API key metadata, settings): for the duration of the contractual relationship. After account deletion, account data is deleted except where retention is required by law. Generated Output files: twenty-four (24) hours after generation.
11.4 Sub-Processors for API Services
To provide the API services, we engage sub-processors that may process personal data on our behalf. These include providers for AI model inference, data storage, payment processing, server hosting, application monitoring, and email delivery. The complete and current list of sub-processors, including their purposes, data categories processed, processing locations, and applicable data transfer mechanisms, is maintained at https://www.3daistudio.com/Platform/API/Subprocessors. For transfers of personal data to sub-processors located outside the European Economic Area, we rely on the EU-US Data Privacy Framework (where the sub-processor is certified), EU Standard Contractual Clauses (SCCs) pursuant to Commission Implementing Decision (EU) 2021/914, or adequacy decisions by the European Commission, as applicable to each sub-processor.
11.5 Data Subject Rights for API Data
If we process your personal data as data controller (account data, logs, billing), you may exercise your data subject rights as described in Section 13 below by contacting us at Jan@3DAIStudio.com. If we process personal data as data processor on your behalf (data submitted through the API), please contact the respective data controller (the API customer who submitted the data). We will assist the controller in responding to data subject requests as described in our DPA.
11.6 No Sale of Personal Data
We do not sell, rent, or trade personal data to third parties. Personal data is only shared with the sub-processors listed in our Sub-Processor List and only to the extent necessary to provide the API services.
12) Tools and Miscellaneous (Website) This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require 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. Using the tool, all cookies/services requiring consent are only loaded if the respective user provides 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) point GDPR based on 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 (1) point c GDPR. 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. 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.
13) Rights of the Data Subject 13.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data: - Right of access by the data subject pursuant to Art. 15 GDPR; - Right to rectification pursuant to Art. 16 GDPR; - Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR; - Right to restriction of processing pursuant to Art. 18 GDPR; - Right to be informed pursuant to Art. 19 GDPR; - Right to data portability pursuant to Art. 20 GDPR; - Right to withdraw a given consent pursuant to Art. 7 (3) GDPR; - Right to lodge a complaint pursuant to Art. 77 GDPR. 13.2 RIGHT TO OBJECT IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS. IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
14) Duration of Storage of Personal Data The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods). If personal data is processed basis on an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent. If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage. When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. If personal data is processed for the purpose of direct marketing based on Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR. Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.