Last updated: 5 August 2025
This Privacy Policy describes how Daylista (the "Website", "we", "us", or "our") collects, uses, and discloses personal information when you visit www.daylista.de (the "Website"), use our services, make a purchase, or otherwise interact with us — including through our digital services (e.g. chat functions) and our mobile app (collectively, the "Services"). For the purposes of this Privacy Policy, "you" and "your" refer to you as a user of the Services, regardless of whether you are a customer, website visitor, or any other individual whose data we process in accordance with this Privacy Policy.
Please read this Privacy Policy carefully.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Website, update the "Last updated" date, and take any further steps required by law.
How we collect and use your personal information
To provide the Services, we collect personal information as outlined below. The information we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use the information we collect about you to communicate with you, to provide or improve the Services, to comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
What personal information do we collect?
The type of personal information we collect about you depends on how you interact with our Website and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information we collect directly from you
Information you submit to us directly through our Services may include:
- Contact details, including your name, address, phone number, and email address.
- Order information, including your name, billing address, shipping address, payment confirmation, email address, and phone number.
- Account information, including your username, password, security questions, and other information used for account security.
- Shopping information, including items you view, add to your shopping cart, save in your account (e.g. loyalty points, reviews, recommendations, or gift cards), or purchase.
- Saved loyalty points / product reviews / recommendations / gift cards
- Customer support information, including information you include in your communications with us, for example when you send a message through the Services.
Some features of the Services may require you to provide certain information about yourself directly to us. You may choose not to provide this information, but this may mean that you cannot use or access these features or the Services.
Information we collect about your use
We may also automatically collect certain information about your interaction with the Services ("Usage Data"). For this purpose, we may use cookies, pixels, and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Website and your account, including device information, browser information, information about your network connection, your IP address, and other information about your interaction with the Services.
Information we receive from third parties
Finally, we may receive information about you from third parties, including from vendors and service providers who collect information on our behalf, such as:
- Companies that support our Website and Services, such as Shopify.
- Our payment processors, who collect payment information (e.g. bank account, credit or debit card information, billing address) to process your payment, fulfil your orders, and provide you with the products or services you have requested, in order to perform our contract with you.
- When you visit our Website, open or click on emails we send you, or interact with our Services or advertisements, we or third parties we work with may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Processing is based on your consent in accordance with Art. 6 (1) (a) GDPR, which you can provide to us via the cookie consent banner. Without your consent, no tracking by ADCELL takes place.
We share joint responsibility with ADCELL for this processing within the meaning of Art. 26 GDPR. The data protection obligations have been set out in a joint controllership agreement.
For more information about ADCELL's use of data and the option to opt out, please visit:
➡️ https://www.adcell.de/datenschutz
All information we receive from third parties will be handled in accordance with this Privacy Policy. See also the section below, Third-party websites and links.
AI chat (Chatbase / OpenAI API)
We offer a chat function on our Website. For the technical provision, processing, and storage of chat communications, we use Chatbase as a service provider. To generate responses, Chatbase may use AI models via the OpenAI API.
When you use the chat, the following data in particular may be processed:
- the content of your chat messages and the generated responses;
- technical usage data (e.g. IP address, device/browser information, timestamps);
- where applicable, any additional information you voluntarily provide in the chat.
Chat logs are stored by Chatbase and are accessible to us via a dashboard so that we can process your enquiries, ensure smooth operation, and improve quality and user experience.
Processing takes place to provide the chat function and to respond to your enquiries (Art. 6 (1) (b) GDPR — where contract-related — or Art. 6 (1) (f) GDPR — our legitimate interest in efficient support and service improvement). Please do not enter sensitive or specially protected information in the chat (e.g. health data/diagnoses) unless this is expressly necessary.
When using the chat function, personal data may be processed outside the EU/EEA (e.g. in the USA). Where necessary, we rely on recognised transfer mechanisms such as the European Commission's Standard Contractual Clauses for such transfers.
How we use your personal information
- Provision of products and services. We use your personal information to provide you with the Services and to perform our contract with you, including processing your payments, fulfilling your orders, sending you notifications relating to your account, purchases, returns, exchanges, or other transactions, creating, maintaining, and otherwise managing your account, organising shipping, facilitating returns and exchanges, and providing other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services you may wish to use. In this case, Shopify processes your data in accordance with its Privacy Policy and Consumer Privacy Policy — see: https://www.shopify.com/legal/privacy/consumers
- Marketing and advertising. We may use your personal information for marketing and advertising purposes, such as sending marketing and promotional messages by email, SMS, or post, and to display advertising for products or services to you. This may include using your personal information to better tailor the Services and advertising on our Website and other websites. If you are based in the EEA, the legal basis for these data processing activities is our legitimate interest in selling our products in accordance with Art. 6 (1) (f) GDPR.
- Security and fraud prevention. We use your personal information to detect, investigate, or take action regarding possible fraudulent, illegal, or malicious activities. If you choose to use the Services and register an account, you are responsible for keeping your account credentials secure. We strongly recommend that you do not share your username, password, or other access credentials with anyone else. If you believe your account has been compromised, please contact us immediately. If you are based in the EEA, the legal basis for these data processing activities is our legitimate interest in ensuring the security of our Website for you and other customers, in accordance with Art. 6 (1) (f) GDPR.
- Communicating with you and improving our services. We use your personal information to provide you with customer support and to improve our Services. This is in our legitimate interest in order to respond to you, provide you with effective services, and maintain our business relationship with you, in accordance with Art. 6 (1) (f) GDPR.
Cookies
Like many websites, we use cookies on our Website. For specific information about the cookies we use in connection with providing our shop via Shopify, please see https://www.shopify.com/legal/cookies. We use cookies to operate and improve our Website and Services (including by storing your actions and preferences), to carry out analytics, and to better understand user interaction with the Services (in our legitimate interest in administering, improving, and optimising the Services). We may also allow third parties and service providers to use cookies on our Website to better tailor the Services, products, and advertising on our Website and other websites.
Most browsers accept cookies automatically by default. However, you can set your browser to remove or reject cookies through the browser controls. Please note that removing or blocking cookies may affect your user experience and may result in some of the Services, including certain features and general functionalities, not working properly or no longer being available. In addition, blocking cookies may not fully prevent us from sharing information with third parties, such as our advertising partners.
How we disclose personal information
In certain circumstances, we may disclose your personal information to third parties for the purposes of fulfilling a contract, for legitimate purposes, and for other reasons subject to this Privacy Policy. These circumstances may include:
- with vendors or other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, order fulfilment and shipping, and Chatbase for our chat function; Chatbase may use AI models via the OpenAI API to generate responses).
- with business and marketing partners to provide services and advertising to you. Our business and marketing partners use your data in accordance with their own privacy policies.
- when you instruct, request, or otherwise give us your consent to share certain information with third parties, for example to deliver products to you or through your use of social media widgets or login integrations, with your consent.
- with our subsidiaries or otherwise within our group of companies, in our legitimate interest in running a successful business.
- in connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including in response to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
- Chatbase (provision/hosting/chat logs) and OpenAI (AI processing as a sub-processor via Chatbase). Chatbase lists sub-processors such as OpenAI in its Trust Center.
We disclose the following categories of personal information and sensitive personal information about users for the purposes set out above under "How we collect and use your personal information" and "How we disclose personal information":
| Category |
Categories of recipients |
- Identifiers such as basic contact details and certain order and account information
- Commercial information such as order information, shopping information, and customer support information
- Internet or other similar network activity, such as usage data
- Geolocation data, e.g. locations determined via IP address or other technical means
|
- Vendors and third parties who perform services on our behalf (such as internet service providers, payment processors, fulfilment partners, customer support partners, and data analytics providers)
- Business and marketing partners
- Affiliates
|
We do not use or disclose your personal information without your consent or for the purpose of drawing inferences about you.
With your consent, we disclose personal information for the purposes of carrying out advertising and marketing activities as follows.
Third-party websites and links
Our Website may contain links to websites or other online platforms operated by third parties. If you follow links to websites that are not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such websites, including the accuracy, completeness, or reliability of the information found on them. Information you provide in public or semi-public spaces, including information you share on third-party social networking platforms, may also be viewed by other users of the Services and/or users of such third-party platforms, with no restriction on its use by us or any third party. Our inclusion of such links does not automatically imply endorsement of the content of such platforms or their owners or operators, except as disclosed in the Services.
Children's data
The Services are not intended for use by children, and we do not knowingly collect personal information from children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details provided below to request its deletion.
As of the effective date of this Privacy Policy, we have no actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) personal information of individuals under 16 years of age.
Security and retention of your information
Please note that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security". In addition, the information you send to us may not be secure during transmission. We recommend that you do not use insecure channels to send sensitive or confidential information to us.
How long we retain your personal information depends on various factors, such as whether we need the data to manage your account, provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable agreements and policies. Chat logs from our chat function are stored by Chatbase and are accessible to us via a dashboard; we generally retain these only for as long as necessary for the stated purposes (e.g. handling enquiries, quality assurance, security) or until you request deletion, unless statutory retention obligations require otherwise.
Your rights
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute and apply only in certain circumstances. In certain cases, we may decline your request to the extent permitted by law.
- Right of access / to be informed: You may have the right to request access to the personal information we hold about you, including details of how we use and share your data.
- Right to erasure: You may have the right to request the deletion of personal information we hold about you.
- Right to rectification: You may have the right to request correction of inaccurate personal information we hold about you.
- Right to portability: You may have the right to receive a copy of the personal information we hold about you and, in certain circumstances and subject to certain exceptions, to request its transfer to third parties.
- Right to object to sale, sharing, or targeted advertising: You may have the right to instruct us not to "sell" or "share" your personal information, or to object to the processing of your personal information for purposes that qualify as "targeted advertising" under applicable data protection laws. Please note: if you visit our Website with the "Global Privacy Control" opt-out preference signal enabled, we will automatically treat this as a request to opt out of the "sale" or "sharing" of information for the device and browser you are using to visit the Website, depending on your location.
- Restriction of processing: You may have the right to ask us to stop or restrict the processing of your personal information.
- Withdrawal of consent: Where we rely on your consent to process your personal information, you may have the right to withdraw that consent.
- Right to appeal: If we refuse to act on your request, you may have the right to appeal our decision. You can do this by replying directly to our refusal.
- Managing communication preferences: We may send you promotional emails, and you can opt out of receiving these at any time by using the unsubscribe option shown in our emails to you. If you opt out, we may still send you non-promotional emails, for example about your account or your orders.
You can exercise these rights as set out on our Website or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before we can provide a substantive response to your request. In accordance with applicable laws, you may designate an authorised agent to make requests to exercise your rights on your behalf. Before we accept such a request from an agent, we may need them to provide proof that you have authorised them to act on your behalf. We may also need to verify your identity directly with us. We will respond to your request in a timely manner, as required by applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on your place of residence, you may have the right to appeal our decision by contacting us using the contact details listed below or by lodging your complaint with your local data protection authority. For the European Economic Area (EEA), you can find here a list of the competent data protection supervisory authorities.
International users / Third-country transfers
Please note that we may transfer, store, and process your personal information outside the country in which you live. Your personal information will also be processed by staff and external service providers and partners in these countries.
When we transfer your personal information to countries outside Europe, we rely on recognised transfer mechanisms such as the European Commission's Standard Contractual Clauses or equivalent contracts of the relevant UK authority, unless the data transfer is to a country that has been determined to provide an adequate level of protection. When using the chat function, personal data may be processed and stored by our service providers in the USA. Chatbase indicates US hosting.
For transfers to third countries, we rely — where necessary — on Standard Contractual Clauses (SCCs) and supplementary safeguards as provided for in the respective data processing agreements (e.g. Chatbase DPA).
Contact
If you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of your rights, please call or email us at daylista@daylista.de, or contact us at Daylista GmbH, Storkower Straße 115, 10407 Berlin, Germany.
For the purposes of applicable data protection laws, and unless expressly stated otherwise, we are the controller of your personal information.