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Privacy notice

DRAFT: not yet reviewed by a lawyer. Company details marked [CONFIRM] still need to be filled in. The German version is the legally binding one.

Who is responsible

The controller under the GDPR is:

[CONFIRM legal entity name, e.g. FOMO GmbH]
[CONFIRM street and number]
[CONFIRM postcode] Berlin
Germany
Email: ceo@drinkfomo.com

Data protection officer: [CONFIRM name and contact, or remove if FOMO is not required to appoint one]

Waitlist and launch emails

When you join the FOMO waitlist we store your email address, your first and last name, the flavour you want first, your consent choice and when you gave it, the page you signed up on, and your approximate country. We use this only to email you about the FOMO launch, offers and news, and only if you ticked the consent box (Art. 6(1)(a) GDPR).

If you tap "Notify me" on a product, we store your email address and that product, and email you once when it launches.

You can unsubscribe at any time using the link in any email, or by emailing ceo@drinkfomo.com. We keep your data until you unsubscribe.

Orders and payment

When you order, we process your name, delivery and billing address, email address, phone number (if you give one), what you ordered and your payment status, to process the contract and deliver your order (Art. 6(1)(b) GDPR). We keep order and invoice data for as long as tax and commercial law requires (up to 10 years, § 147 AO, § 257 HGB).

Payments are processed by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Dublin, Ireland. Stripe receives the data needed for the payment (for example card details, amount, email) and processes it as its own controller for fraud prevention and legal duties. We never see or store your full card number. Stripe may transfer data to the USA under the EU-US Data Privacy Framework.

To deliver your parcel we pass your name and delivery address to our shipping partner [CONFIRM carrier, e.g. DHL Paket GmbH]. If you agree at checkout, we also pass your email address so the carrier can tell you when your parcel arrives.

Order confirmation and shipping emails are sent through [CONFIRM email provider for order emails].

Hosting

This website runs on Cloudflare (Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA). Cloudflare processes your IP address and technical request data to deliver the site and protect it from attacks (Art. 6(1)(f) GDPR). Cloudflare is certified under the EU-US Data Privacy Framework.

The sign-up and order forms use Cloudflare Turnstile to block spam. If you tap "Notify me" on products before joining, we save which ones in your browser. Fonts are served from this site.

Cookies and analytics

Necessary (always on). Cloudflare Turnstile protects our forms from spam and bots; it is needed to run the forms and is used on that legal basis (Art. 6(1)(f) GDPR, § 25(2) TDDDG). We also store your cookie choice in a first-party cookie called fomo_consent for 6 months, so we do not ask again on every page. Your launch list and basket are kept in your browser's local storage and never leave your device until you submit a form or check out.

Analytics and marketing (only with your consent). If you click "Accept all", or switch them on under "Settings", we load Google Tag Manager and Google Analytics 4 (Google Ireland Limited) to count visits and see which pages and features are used, and marketing tags to measure our ads. Google may process this data in the USA under the EU-US Data Privacy Framework. If you click "Reject all" these tools do not set cookies or read data on your device (Google Consent Mode keeps them switched off). The legal basis is your consent (Art. 6(1)(a) GDPR, § 25(1) TDDDG). We never send your name or email address to these tools.

You can change or withdraw your choice at any time: Cookie settings

Your rights

You have the right to access (Art. 15 GDPR), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18), data portability (Art. 20) and to object (Art. 21). You can withdraw any consent at any time with effect for the future (Art. 7(3)). Just email ceo@drinkfomo.com.

You also have the right to complain to a data protection authority, for example the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit), Alt-Moabit 59-61, 10555 Berlin.

Last updated: [CONFIRM date]