Data protection information of the Hechler & Nickel Fashion GmbH

1. Name and address of the controller

The controllerin the sense of the General Data Protection Regulation (GDPR), of the data protection regulations holding good in the member states of European Union and of other regulations with a legal data-protecting character is the:

Hechler & Nickel Fashion GmbH
Wilhelminenstr. 7b
Am alten Landtag

64283 Darmstadt
Telephone (Backoffice): 06151 - 6017746
Website:  www.hechler-nickel.com
E-mail: shop@hechler-nickel.de

 

2. Data protection officer

With regard to the present legal situation, according to Sec. 38 Para. 1 BDSG we are not obliged to appoint a data protection officer.

If you have any questions regarding this Data protection information or data protection related issues in general please contact us: 

shop@hechler-nickel.de

3. Definitions 

The data protection information of the Hechler & Nickel Fashion GmbH is based on the definitions which have been used by the European directive and order issuing office in formulating the General Data Protection Regulation (GDPR). The data protection information of the Hechler & Nickel Fashion GmbH should be easily read and understood not only by the general public but also by our customers and business partners. In order to ensure this, we would like to clarify in advance the definitions used.

In this data protection information and on our website, we use - amongst others - the following terms:

3.1 Personal data 

Personal data is any information relating to an identified or identifiable natural person (hereafter "data subject"). Defined as identifiable is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

3.2 Data subject 

Data subject is each identified or identifiable natural person, whose personal data is processed by the controllerfor the processing. 

3.3 Processing 

Processing means any operation or set of operations which is carried out in connection with personal data - whether or not by automated means - such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3.4 Restricting of the processing

Restricting of the processing is the marking of personal data as stored with the objective of restricting its processing in the future.

3.5 Profiling

Profiling is each type of the automated processing of personal data, which consists of this personal data being used to permit particular personal aspects relating to a particular natural person, and here in particular aspects in respect of work performance, economic situation, health, personal likes, interests, reliability, behaviour, place of residence or change of place of residence of this natural person to be evaluated, analysed or forecast.

3.6 Pseudonymization 

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, in so far as this additional information is kept in a special way and subjected to technical and organizational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.

3.7 Controller or party responsible for the processing

Controller or party responsible for the processing (hereafter controller) is the natural person or legal entity, authority, institution or other post, which alone or together with others decides on the purposes and means of the processing of personal data. If the purposes and means of the processing are laid down in European Union legislation or the legislation of the member states, then the controlleror the particular criteria of the appointment of thiscontrollerin accordance with European Union legislation or the legislation of the member states can be provided.

3.8 Processor 

Processor is a natural person or legal entity, authority, institution or other post, which processes the personal data on the instructions of the controller.

3.9 Recipient

Recipient is a natural person or legal entity, authority, institution or other post to which personal data are disclosed regardless of whether this is a third party or not. However, authorities, which receive within the framework of a particular investigation order in accordance with European Union legislation or the legislation of the member states data which possibly may be/contain personal data, do not hold good as recipients. 

3.10 Third party 

Third party is a natural person or legal entity, authority, institution or other post with the exception of the data subject, the controller, the order processor and those persons which are authorized under the direct responsibility of the controller or of the order processor to process the personal data.

3.11 Consent

Consent is each declaration of will given voluntarily by the data subject for the definite case in an informed and unambiguous manner in the form of a declaration or other unambiguous confirmatory action, with which the data subject makes clear that he/she agrees to the processing of personal data relating to himself/herself.

4. General information on data processing 

Data protection, data security and data secrecy hold high priority for Hechler & Nickel Fashion GmbH (hereafter also termed Hechler & Nickel Fashion GmbH). The durable protection of your personal data, of your company data and of your business secrets is especially important for us.

You can always visit our website without making statements on your person. However, if you wish to make use of the services of our company, then this makes the stating of personal data necessary. As a rule we use the data that you communicate and that is collected by the website as well as the data stored in the course of the use solely for our own purposes, namely for the execution and making available of our website and the initiation, execution and progressing of the services/offers made available via the website (contract fulfilment) and do not pass this data on to external third parties in so far as there is not an official obligation to do this. In all other cases we obtain your special agreement. 

The processing of your personal data is carried out in conformity with the requirements of the General Data Protection Regulation and in conformity with the country-specific data protection regulations holding good for Hechler & Nickel Fashion GmbH. With the aid of this data protection information we wish to inform you on the nature, scope and purpose of the personal data processed by ourselves. In addition, we clarify for you with the aid of this data protection information the rights to which you are entitled.

Hechler & Nickel Fashion GmbH has realized technical and organizational measures in order to ensure an appropriate level of protection of the personal data processed via this website. Nevertheless, fundamentally Internet-based data transmissions can have security loopholes so that absolute protection cannot be guaranteed. 

5. Collecting of general data and information

The website of Hechler & Nickel Fashion GmbH collects a range of general data and information each time the website is called by a data subject or an automated system. This general data and information is stored in the log files of the server. Able to be collected are:(1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website, from which an accessing system reaches our website (so-called referrer), (4) the sub-websites, which are steered to on our website via an accessing system, (5) the date and time of an access to the website, (6) an Internet-protocol-address (IP-address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve the warding off of hazards in the case of attacks to our IT systems.

In using this general data and information Hechler & Nickel Fashion GmbH draws no conclusions about the data subject. Much more is this information needed (1) to be able to deliver out the content of our website correctly, (2) to permit the optimization of the content of our website and of the advertising for this, (3) to ensure the durable functionality of our IT systems and of the technology of our website and (4) to be able to make available to the law enforcement authorities the information necessary for criminal prosecution in the case of a cyber attack. This anonymously collected data and information is evaluated by Hechler & Nickel Fashion GmbH on the one hand statistically and on the other hand with the objective of increasing the data protection and the data security in our company in order finally to ensure an optimal level of protection for the personal data processed by ourselves. The anonymous data of the server-logfiles are stored separately from all the personal data stated by a data subject.

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
General system data acc. to Sec. 5	Article 6 Para. 1 lit. f GDPR (legitimate interest)	The temporary storing of the IP-address by the system is necessary to permit the delivery of the website to the computer of the user. For this the IP-address of the user must remain stored for the duration of the session.	The data is deleted as soon as it is no longer necessary for achieving the purpose of their collection. This is the case when the particular session has ended in situations where the data is collected for making the website available.  This is the case at the latest seven days after the time when the data was stored in log files. More extensive storing is possible. In this case the IP-addresses of the users are deleted or distorted so that an assignment of the client calling in is no longer possible.	No because the data is essential for operating of the website

 

6. Registration on the Website

You have the opportunity to register yourself on our website by stating your personal data. The particular personal data, which is transmitted to the party responsible for the processing, is made clear in the input mask that is used for the registration. The personal data entered by the data subject is collected and stored solely for internal use by the party responsible for the processing and their own purposes. We can pass on the data submitted to one or more order processors, for example a payment-service provider or a parcel-service provider; the service provider may then use the personal data but solely for purposes related to the fulfilment of his order from ourselves. 

When you register on our website, we store in addition the IP address issued by your Internet service provider as well as the date and the time of your registration. Storing this data enables us when necessary to clarify criminal acts and infringements of copyright that have been committed. To this extent the storing of this data for our security is necessary and lies in our justified field of interest in the sense of Article 6, Para. 1, lit f) of the GDPR. Passing on of this data to third parties does not take place in so far as there is no legal obligation to do this or in so far as the passing on serves a criminal or civil prosecution. 

Apart from the above, your personal data, which you stated voluntarily when registering, aid us in offering you content or services, which by reason of the nature of the matter can only be offered to registered users. 

If a user takes the opportunity to register on our website, the following data will be transmitted to us and stored:

• Title*
• First name and surname*
• Password*
• Address*

*Mandatory information

 

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Registration data acc. to sec. 6	Article 6 Para. 1 lit. b GDPR (contract fulfilment)	Registration of the user is necessary for the fulfilment of a contract with the user or for the execution of pre-contractual measures.	This is the case for the fulfilment of a contract or the execution of pre-contractual measures during the registration process when the data for the execution of the contract is no longer needed. Also, after the concluding of the contract there can be a necessity for the personal data of the contractual partner to be stored in order to meet contractual or legal obligations.	As user you have the opportunity at any time to terminate the registration. You can have the data stored on you changed at any time.  If the data is necessary for the fulfilment of contract or for the execution of pre-contractual measures, then premature deletion of the data is only possible if there are no contractual or legal obligations standing in the way of this.

 

7. Contact form and e-mail contact

Provided on our website is a contact form which can be used for making contact electronically. If a user makes use of this opportunity, the data entered in the input mask is transmitted to and will be stored by ourselves. This data may be (for example):

• Title*
• First name and surname*
• E-Mail address*
• Telephone number 
• Subject* 
• Comment*

 

* Mandatory information

 

At the time of the transmission of the message the following data will also be stored:

• IP-address of the user
• Date and time of the transmission

 

Alternatively, it is possible for contact to be made via the e-mail address that is provided (shop@hechler-nickel.de). In this case the personal data of the user transmitted with the e-mail is stored. 

In this connection no data is passed on to third parties. The data is used exclusively for the processing of the conversation and will immediately be deleted if it is no longer needed.

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Data from the contact form and e-mails	Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR in the case of enquiries via the contact form and/or e-mails. (contract fulfilment; pre-contractual measures);  Article 6 Para. 1 lit. c. GDPR (fulfilment of a legal obligation, e.g. answering of questions on data protection) and  in addition, Article 6 Para. 1 lit. f GDPR  (legitimate interest).	The processing of the personal data from the input mask / e-mail serves us solely for the processing of the contact. This is also the necessary legitimate interest in the processing of the data. The other personal data processed during the sending-off process serve to prevent misuse of the contact form and to ensure the security of our IT systems.	The data is deleted as soon as it is no longer needed for achieving the purpose of their collection. This is the case for the personal data from the input mask of the contact form and those which are sent by e-mail when the particular conversation with the user has ended. The conversation has ended when the circumstances allow the conclusion to be drawn that the matter in question has been finally clarified.    The above does not hold good if the correspondence is subject to a retention obligation under commercial law    The additional personal data collected during the sending-off process is deleted at the latest after a period of seven days.	The user has the opportunity to object at any time to the storing of his personal data. In such a case the conversation cannot be continued.

 

8. Use of our webshop

If you would like to order in our webshop, it is necessary for the conclusion of the contract that you enter your personal data, which we need for the completion of your order. Required information for the execution of the contracts are marked separately, further information is voluntary. We process the data provided by you to process your order. For this purpose we can pass on your payment data to our house bank.

You can voluntarily create a customer account through which we can store your data for future purchases. When you create an account under "My account", the data you have provided will be stored revocably. All other data, including your user account, can always be deleted in the customer area.

We may also process the information you provide to inform you of other interesting products in our portfolio or to send you e-mails containing technical information.

If a user takes the opportunity to place an order via our webshop, the following data will be processed:

• Title*
• First name and surname*
• E-Mail address*
• Delivery data (street, house number, postal code, city, state)*
• Transaction data (account number, bank identification number, IBAN*

Mandatory information*

 

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Data from the use of the webshop according to sec.89	Legal foundation for the processing of the data is Article 6 Para. 1 lit. b. GDPR  (contract fulfilment; pre-contractual measures);	The purpose of storing the data is the processing and performance of a contract.	This is the case for the data collected during the use of the web shop to fulfil a contract or to implement pre-contractual measures when the data is no longer required for the implementation of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.	As a user you have the possibility to cancel the registration at any time. You can change the data stored about you at any time.  If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

 

9. Newsletter; advertising

In order to subscribe to the newsletter offered on our website, you can register via our Register form. We use the so-called Double-Opt-In procedure. 

Here a confirmation mail will be sent to your e-mail address with the request for confirmation. The registration only becomes effective when you click on the activation link contained in the confirmation e-mail. We use your data transmitted to us exclusively for the dispatch of the newsletter, which can contain information or offers. We use rapidmail to send our newsletter. Your data will therefore be transmitted to rapidmail GmbH. It is prohibited for rapidmail GmbH to use your data for purposes other than sending the newsletter. rapidmail GmbH is not permitted to pass on or sell your data. rapidmail is a German, certified newsletter software provider which has been carefully selected in accordance with the requirements of the GDPR and the BDSG. You can revoke your consent to the storage of data and their use for newsletter dispatch at any time, e.g. via the unsubscribe link in the newsletter.

 

9.1 Newsletter

The newsletter is sent on the basis of your application at the website in the modus of the double-opt-in process whereby at the time of the application for the newsletter the following data from the input mask is transmitted to us:

• Your e-mail address

 

Moreover, the user can provide further information voluntarily:

·       Title

·       Name

·       Street and number

·       ZIP-code

·       Place

In addition, the following data will be collected at registration:

• IP address of the calling computer
• Date and time of the registration

 

For the processing of the data your consentwill be obtained within the framework of the registration process by way of the Double-Opt-In procedure whereby reference is made to this data protection information.

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Newsletter-data acc. to sec. 9.1	Legal foundation for the processing of the data following the user requesting sending of the newsletter is - when the consent of the user is held - Article 6 Para. 1 lit. a GDPR. (consent)	The collection of the e-mail serves to permit the newsletter to be sent.  The collection of other personal data within the framework of the application process serves to prevent misuse of the services or of the e-mail used. The collection of other personal data within the framework of the application process serves to prevent abuse of the services or of the e-mail address used.	The date is deleted as soon as it is no longer necessary for achieving the purpose of their collection. Accordingly, the e-mail address of the user is kept stored for as long as the subscription for the newsletter is active.  The other personal data collected within the framework of the application process is deleted as a rule after a period of seven days.	The subscription for the newsletter can be terminated at any time by the relevant user. For this purpose, there is an appropriate deactivation link in each issue of the newsletter.  Terminating the subscription represents at the same time a revocation of the consent to the storing of personal data collected during the application process.

 

9.2 Advertising

In addition, we reserve the right to store your first name and surname, your postal address and - in so far as we have received this additional information from yourself within the framework of the contractual relationship - your title, academic degree, year of birth and professional title, sector or business designation and to store this information for our own adverting purposes, e.g. for the sending of similar, interesting offers and information on our training offers per mail or per e-mail if you have stated your e-mail address. 

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Advertising	Legal foundation for advertising in accordance with clause 9.2 is Article 6 Para. 1 lit. f GDPR (legitimate interest)	Purpose of the collection in addition to fulfilment of the contract is being able to send promotional material to the customer in a targeted manner (in line with his interests).	The date is deleted at the latest 6 years after the last booking or they are blocked for advertising purposes (in so far as there is retention obligation).	Right of objection in accordance with clause X

 

9.3 No passing on of data

No passing on of data to third parties takes place in connection with the data processing for the sending of newsletters and advertising. The data is used exclusively for the sending of the newsletter.

9.4 Right of objection and right of revocation

We draw explicit attention to your right of revocation (newsletter) and your right of objection (advertising) in accordance with sections 19.7 and 19.8 of this data protection information. 

 

10. Data protection with applications and application processes 

We collect and process the personal data of applicants for the purpose of progressing the application process. The processing can also be carried out electronically. This is in particular the case when an applicant sends to us relevant application documents by an electronic route, e.g. per e-mail. If we conclude a contract of employment with yourself as applicant, the data transmitted will be stored for purposes of progressing the employment relationship subject to observation of the legal regulations. If a contract of employment is not concluded by the party responsible for the processing with the applicant, then the application documents will be automatically deleted six months after notification of the rejection in so far as there is no other legitimate interest of the party responsible for the processing against deletion. Another legitimate interest in this sense is, for example, an obligation of proof in a process in accordance with the German General Equal Treatment Act.

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Data collected in connection with job-applications and job-application processes acc. to sec. 10	Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR with job applications submitted via the contact form and/or e-mail.  (fulfilment of the employment contract; measures prior to the concluding of an employment contract);  Article 6 Para. 1 lit. c. GDPR (Fulfilment of a legal obligation, e.g. answering of questions in connection with the job-application process) and  apart from this Article 6 Para. 1 lit. f GDPR  (legitimate interest) and  special legal authorization rules such as a collective agreement, company agreement, income tax law etc. A supplementary reference is made to the Personnel / HR processing file.	If we conclude an employment contract with you as job applicant, the data transmitted for the purpose of progressing the employment relationship will be stored whereby the legal obligations will be observed.	If no employment contract is concluded between the party responsible for the processing and the job applicant, then the job-application documents will be automatically deleted six months after the notification of rejection has been sent in so far as no other legitimate interest of the party responsible for the processing conflicts with the deletion.  A legitimate interest in this connection could be - for example - a proof obligation in a process in accordance with the German General Equal Treatment Act).	Only general objection and elimination opportunities.

 

11. Cookies

11.1 Description and scope of the data processing

Our website uses cookies. Cookies are text files which are stored in the Internet browser or, as the case may be, in the Internet browser on the computer system of the user. If a user calls a website, then a cookie may be stored on the operating system of the user. Such a cookie contains a characteristic string which permits unambiguous identification of the browser if the website is called again. 

We employ cookies in order to arrange our website in a more user-friendly manner. Certain elements of our website require that the calling browser can also be identified after a page change. 

In the cookies the following date is stored and transmitted: 

• Language settings
• Articles in a shopping basket 
• Log-in information 
• Device information (desktop, mobile)

 

We use on our website in addition cookies which permit an analysis of the surfing behaviour of the user. 

In this way the following data can be transmitted: 

• Search terms entered
• Frequency with which pages are called
• Use of website functions
• Time of the page call
• shopping basket size
• Visited pages in the shop
• Purchase and shopping basket cancellations

 

The data of the user collected in this way is pseudonymized by technical processes. Accordingly, assignment of the data to the user calling in is no longer possible. The data collected is not stored together with other personal data of the user.

When our website is called, the users are informed by means of an information banner about the use of cookies for analytical purposes and are referred to this data protection information. Following in this connection is a reference to how that storing of cookies can be prevented in the browser settings.

The following links will inform you how to deactivate cookies in the most common browsers:

 

Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de

Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookie

When our website is called, the user is informed about the use of cookies for analytical purposes and his/her consentto the processing of the personal data used in this connection is obtained. In this connection a reference to this data protection information is also made. 

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Cookies  acc. to sec 11	Article 6 Para. 1 lit. f GDPR (legitimate interests) for strictly technically essential cookies  In addition: Article 6 Para. 1 lit. a GDPR (consent)	The purpose behind the use of strictly technically essential cookies is that of making use of the website easier for the user. Certain functions of our website cannot be offered without the use of cookies. For these functions it is necessary that the browser is recognized even after a page change.  Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and in this way,  we can continually optimize our offer.  These purposes also include our legitimate interest in the processing of the personal data in accordance with Article 6 Para. 1 lit. f GDPR.	Cookies are stored on the user's computer and are transmitted from this to our website. Accordingly, you as user have full control over the use of cookies.	By carrying out a change to the settings of your browser you can deactivate cookies or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be carried out automatically. However, if cookies for our website are deactivated, it may no longer be possible to use all the functions of the website in full.  The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player.

 

12. Use of analysis programs

12.1 Data protection regulations for the use and application of Google Analytics (with anonymization function)

We have integrated on this website the Google Analytics component (with anonymization function). Google Analytics is a web-analysis service. Web-analysis is the collecting, compilation and evaluating of data concerning the behaviour of the visitors to websites. A web-analysis service collects - amongst other things - data on from which website (the so-called referrer) a data subject has come to a website, which subsites of the website were accessed or how often and for what period a subsite was watched. Web-analysis is used primarily for optimization of a website and for cost-benefit analysis of Internet advertising. 

The operating company of the Google-Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The party responsible for the processing uses the suffix „_gat._anonymizeIp“ for the web analysis via Google Analytics. With the aid of this suffix the IP-address of the Internet connection of the data subject is abbreviated and anonymized if the access to our website comes from a member state of the European Union or from another signatory of the agreement on the European Economic Area. 

The purpose of the Google Analytics component is the analysis of the visitor flows to our website. Google uses the data and information obtained in order to - amongst other things - evaluate the use of our website, to prepare for us online reports which show the activities on our website and to provide further services linked with the use of our website. 

Google Analytics sets a cookie on the IT system of the data subject. What cookies are has been explained above. The setting of cookies enables Google to analyze the use of our website. With each call of an individual page of this website, which is operated by the party responsible for the processing and on which a Google Analytics component has been integrated, the Internet browser on the IT-system of the data subject is automatically caused by the particular Google Analytics component to transmit data to Google for the purpose of online analysis. Within the framework of this technical process, Google obtains knowledge of personal data such as the IP-address of the data subject, which data enables Google to - amongst other things - trace the origin of the visitor and clicks and as a consequence to make possible the issuing of commission invoices. 

With the aid of cookies items of information related to personal data, e.g. the access time, the place from which an access started and the frequency of the visits to our website by the data subject, are stored. With each visit to our website this personal data including the IP-address of the Internet connection used by the data subject is transmitted to the United States of America. This personal data is stored by Google in the U.S.A. In certain circumstances Google passes on this personal data as collected via the technical process to third parties. 

As has already been described above, the data subject can prevent the setting of cookies by our website at any time by making an appropriate setting on his/her Internet browser as used and thereby object to the setting of cookies in a durable manner. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the IT system of the data subject. In addition, a cookie that has already been set by Google Analytics, can be deleted at any time via the Internet browser or another software program. 

Furthermore, the data subject has the opportunity to object to collection of the data relating to use of this website generated by Google Analytics and to the processing of this data by Google and to prevent such collection. For this the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and no information on the visiting of websites may be transmitted to Google Analytics. The installation of the browser add-on is evaluated by Google as an objection. If the IT system of the data subject is deleted, formatted or installed anew at a later point in time, then the data subject must carry out the installation of the browser add-on again in order to deactivate Google Analytics. In so far as the browser add-on is deinstalled or deactivated by the data subject or by another person, who can be considered to belong to the area of control of the data subject, then the browser add-on can be installed or activated again. 

Further information and the valid and applicable data protection regulations of Google can be called under https://www.google.de/intl/de/policies/privacy/ as well as under http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link: https://www.google.com/intl/de_de/analytics/.

12.2 Data protection regulations for the use and application of Google Remarketing

We use the Remarketing or "Similar Target Groups" feature of Google Inc. on our website. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). This feature is designed to help analyze visitor behavior and interests.

Google uses cookies to analyze website usage, which forms the basis for creating interest-related advertisements. The cookies are used to record visits to the website and anonymous data on the use of the website. There is no storage of personal data of visitors to the website. If you subsequently visit another website in the Google Display Network, you will see advertisements that are highly likely to include previously accessed product and information areas.

Your data may also be transferred to the USA. The European Commission has issued an adequacy decision for data transfers to the USA.

Processing is based on Art. 6 (1) lit. f DSGVO in the legitimate interest of targeting website visitors with targeted advertising by placing personalised, interest-related advertisements for visitors to the provider's website when they visit other websites in the Google Display Network.

For reasons arising from your particular situation, you have the right at any time to object to this processing of your personal data based on Art. 6 (1) f DSGVO.

You can permanently deactivate the use of cookies by Google by following the following link and downloading and installing the plug-in provided there: 

https://www.google.com/settings/ads/plugin?hl=enAlternatively, you can deactivate the use of cookies by third parties by visiting the deactivation page of the Network Advertising Initiative at http://www.networkadvertising.org/choices/ and implementing the additional information on opting out mentioned there.

Further information about Google Remarketing and Google's privacy policy can be found at the following link: http://www.google.com/privacy/ads/.

 

12.3 Data protection regulations on the insertion and use of Google AdWords and Conversion-Tracking

We have integrated Google AdWords on this website. Google AdWords is a service for Internet advertising which permits the advertiser to place an advertisement not only in Google's search engine results but also in the Google advertising network. Google AdWords permits an advertiser to lay down in advance particular key words by means of which an advertisement will only be displayed in Google's search engine results when the user calls a key-word relevant search result with the search engine. In the Google advertising network the advertisements are distributed to thematically relevant websites with the aid of an automatic algorithm and subject to observation of the previously defined key words.

Operating company for the services of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is the advertising of our website through the overlaying of interest-relevant advertising on the website of third parties and in the search engine results of the Google search engine and an overlaying of third party advertising on our website. 

If a data subject reaches our website via a Google advertisement, a so-called conversion cookie is stored on the IT system of the data subject by Google. What cookies are has been already described above. A conversion cookie loses its validity after 30 days and does not serve for the identification of the data subject. The conversion cookie - in so far as it has not expired - permits determination of whether a particular subsite, for example the shopping basket of an online shop system, was called on our website. With the aid of the conversion cookies not only ourselves but also Google can deduce whether a data subject, who reaches our website via an AdWords advertisement, generated turnover, i.e. completed a purchase or broke off. 

The data and information collected through the use of conversion cookies is used by Google in order to prepare visit statistics for our website. These visit statistics are in turn used by ourselves to determine the total number of visitors which are conveyed to us via AdWords advertisements, i.e. in order to determine the success or lack of success of the particular AdWords advertisement and in order to optimize our AdWords advertisements for the future. Neither our company nor other advertising customers of Google AdWords receive information from Google with the aid of which the data subject could be identified. 

With the aid of the conversion cookies personal data, for example the websites visited by the data subject, is stored. Accordingly, personal data including the IP-address of the Internet connection used by the data subject is transmitted to Google in the United States of America with each visit to our websites. This personal data is stored by Google in the U.S.A. Under certain circumstances Google passes on the personal data collected via the technical process to third parties. 

As has already been described above, the data subject can prevent the setting of cookies by our website at any time by making an appropriate setting in the Internet browser used and thereby object to the setting of cookies in a durable manner. Such a setting in the Internet browser used would also prevent Google from setting a conversion cookie in the IT system of the data subject. In addition, a cookie that has already been set by Google AdWords can be deleted at any time via the Internet browser or by a software program. 

Furthermore, the data subject has the opportunity to object to the interest-related advertising. For this the data subject must call from each of the Internet browsers he/she uses the link www.google.de/settings/ads and there carry out the desired settings. 

Further information and the valid data protection regulations of Google can be called under https://www.google.de/intl/de/policies/privacy/.

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Data transmission through third party cookies	Article 6 Para. 1 lit. f GDPR  (legitimate interest)	Purpose of and legitimate interest in the setting of third party cookies is that of improving our offer for you through the analysis of your user behaviour. As a rule, only a pseudonymized transmission of data to the third parties takes place. In addition, you yourself are able to prevent transmission of third party cookies by carrying out an appropriate setting on your Internet browser. For more details look at the statements made under clauses 11-14.	Third party cookies are stored on the computer of the user and are transmitted to our computer from this. Accordingly, you as user have full control on the use of third party cookies.	By carrying out a change to the settings of your Internet browser you can deactivate or restrict the transmission of third party cookies. Third party cookies that have already been stored can be deleted at any time. This process can also be automated.  The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player.

 

13. Use of other tools

13.1 Data protection regulations for the use and application of Google WebFonts

This site uses web fonts provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") to uniformly display fonts. When you call up a page, your browser loads the required Web fonts into its browser cache to display texts and fonts correctly.

To do this, the browser you are using must connect to Google's servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. 

Google LLC, based in the USA, is certified for the us-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.

Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Data from the use of Google WebFonts according to clause 16.3	Article 6 Para. 1 lit. f GDPR  (legitimate interest)  Our legitimate interest arises from improving and optimizing our website.	The purpose of the storage is the improvement of our website as well as on a visual and functional level.	The data will be deleted as soon as our legitimate interest no longer exists or we are obliged by law or legal orders to delete the data.	Right of objection in accordance with clause X

 

13.2 Data protection regulations for the use and application of Google reCAPTCHA

On this website we also use the reCAPTCHA function of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). This function is mainly used to distinguish whether an entry is made by a natural person or abusively by automatic and automated processing. The service includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 Para. 1 letter f DSGVO on the basis of our legitimate interest in determining the individual willingness of actions on the Internet and avoiding misuse and spam.

Google LLC, based in the USA, is certified for the us-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.

Further information about Google reCAPTCHA and Google's privacy policy can be found at:https://www.google.com/intl/de/policies/privacy/

Date/data	Legal foundation	Storage purpose	Storage duration	Objection / opportunity for elimination
Data from the use of Google reCAPTCHA according to clause 16.3	Article 6 Para. 1 lit. f GDPR  (legitimate interest)  Our legitimate interest arises from the determination of the individual will-basis of actions on the Internet and the avoidance of abuse and spam.	The purpose of the storage is to determine the individual will regarding to actions on the Internet and to avoid misuse and spam.	The data will be deleted as soon as our legitimate interest no longer exists or we are obliged by law or legal orders to delete the data.	Right of objection in accordance with clause X

 

14. use of social media plugins

 

14.1 Use of Facebook services for web analysis and advertising purposes.

 

Use of Facebook Pixel

We use the Facebook Pixel as part of the technologies of Facebook Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook"), as described below. The Facebook Pixel automatically collects and stores data (IP address, time of visit, device and browser information, and information about your use of our website based on events specified by us, such as visiting a website or subscribing to a newsletter), from which usage profiles are created using pseudonyms. In addition, as part of the so-called extended data matching, information is collected and stored hashed for matching purposes, with which individuals can be identified (e.g. names, e-mail addresses and telephone numbers). For this purpose, when you visit our website, a cookie is automatically set by the Facebook Pixel, which automatically enables recognition of your browser when you visit other websites by means of a pseudonymous CookieID. Facebook will combine this information with other data from your Facebook account and use it to compile reports on website activity and to provide other services related to website use, in particular personalized and group-based advertising.

The information automatically collected by Facebook technologies about your use of our website is generally transmitted to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. There is no adequacy decision of the European Commission for the USA. Insofar as the transfer of data to the USA falls within our responsibility, our cooperation is based on standard data protection clauses of the European Commission. Further information on data processing by Facebook can be found in Facebook's privacy notices.

Use of Facebook Analytics

As part of Facebook Analytics, statistics on visitor activity on our website are created from the data collected with the Facebook Pixel about your use of our website. Data processing is carried out on the basis of an order processing agreement by Facebook. Their analysis is used for the optimal presentation and marketing of our website.

Through Facebook Ads, we advertise this website on Facebook as well as on other platforms. We determine the parameters of the respective advertising campaign. Facebook is responsible for the exact implementation, in particular the decision on the placement of the ads with individual users. Unless otherwise specified for the individual technologies, the data processing is based on an agreement between joint controllers pursuant to Art. 26 DSGVO. The joint responsibility is limited to the collection of the data and its transmission to Facebook Ireland. The subsequent data processing by Facebook Ireland is not covered by this.

Based on the statistics on visitor activity on our website generated via Facebook Pixel, we operate group-based advertising on Facebook via Facebook Custom Audience by determining the characteristics of the respective target group. Within the scope of the extended data matching that takes place to determine the respective target group (see above), Facebook acts as our processor.

Based on the pseudonymous cookie ID set by the Facebook Pixel and the data collected about your usage behavior on our website, we conduct personalized advertising via Facebook Pixel remarketing.

Via Facebook Pixel Conversions, we measure for web analytics and event tracking your subsequent usage behavior when you have reached our website via an ad from Facebook Ads. The data processing takes place on the basis of an order processing agreement by Facebook.

15. Legal fundamentals, purposes of the processing, duration of the storage, objections and opportunities for elimination 

15.1 General statements on the legal fundamentals

Article 6 Para. 1 lit. a EU General Data Protection Regulation (EU GDPR) serves as the foundation for the processing of personal data in so far as we obtain the consent of the data subject for the processing of personal data.

Article 6 Para. 1 lit. b GDPR serves as the legal foundation for the processing of personal data which is necessary for the fulfilment of a contract if the data subject is party to this contract. This also holds good for processing processes which are necessary for the execution of pre-contractual measures. 

Article 6 Para. 1 lit. c GDPR serves as the legal foundation in so far as processing of personal data is necessary for the fulfilment of a legal obligation.

Article 6 Para. 1 lit. d GDPR serves as the legal foundation for the situation that vital interests of the data subject or another natural person make the processing of personal data necessary. 

Article 6 Para. 1 lit. f GDPR serves as the legal foundation for the situation that processing is necessary for ensuring a legitimate interest of our company or of a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not exceed the first named interest. 

15.2 General statements on deletion of data and duration of storing

The personal data of the data subject are deleted or disabled as soon as the purpose for which the data was stored lapses. In addition, storage can take place if this was stipulated by the European or national legislatures in orders, laws or other regulations in accordance with European Union law to which the controller is subject. Disabling or deletion of the data is also carried out if a storage period prescribed by the standards as named expires unless there is a necessity for the continued storage of the data for the concluding or fulfilling of a contract. 

16. Your rights

If your personal data is processed, then you are the data subject in the sense of the GDPR and you are entitled to the following rights against the controller:

16.1 Right of access by the data subject 

You can demand from the controller confirmation as to whether personal data that relates to you has been processed by us.

If such processing has taken place, you can demand information on the following from the controller: 

(1)           The purposes for which the personal data is processed;

(2)           The categories of personal data which are processed;

(3)           The recipients or, as the case may be, the categories of recipients to which the personal data relating to you has been disclosed or will be disclosed;

(4)           The planned duration of the storage of the personal data relating to you or - if concrete statements on this are not possible - the criteria for the laying down of duration of storage;

(5)           The existence of a right to correction or deletion of the personal data relating to yourself, of a right to a restriction of the processing by the controller or of a right of objection to this processing; 

(6)           The existence of a right of appeal at a supervisory authority;

(7)           All the available information on the origin of the data if the personal data was not collected at the data subject;

(8)           The existence of an automated decision-finding process including profiling in accordance with Article 22 Para. 1 and 4 GDPR and – at least in these cases - meaningful information on the logic involved and its scope and the effects strived for of such a processing for the data subject in question.

You are entitled to the right to demand information on whether the personal data relating to yourself is transmitted to a third country or an international organization. In this connection you can demand to be instructed on the suitable guarantees in accordance with Article 46 GDPR in connection with the transmission.

16.2 Right to rectification

You have a right to correction and/or complementing vis à vis the controller in so far as the personal data as processed and which relates to yourself is incorrect or incomplete. The controller has to carry out the correction without delay.

16.3 Right to restriction of the processing

Subject to the meeting of the following preconditions you can demand restriction of the processing of the personal data relating to you:

(1)  if you dispute the correctness of the personal data relating to yourself for a period which makes it possible for the controller to check the correctness of the personal data;

(2)  the processing is unlawful and you reject deletion of the personal data and instead demand restriction of the use of the personal data;

(3)  the controller no longer needs the personal data for purposes of the processing but you need the data for the advancing, exercising or defending of legal claims, or 

(4)  if you have advanced objection to the processing in accordance with Article 21 Para. 1 GDPR but it has not yet been established whether the justified reasons of the controller outweigh your reasons.

If the processing of the personal data relating to yourself has been restricted, then this data - apart from the storing of this - may only be processed with your consent or for the assertion, exercising or defending of legal claims or for the protection of the rights of another natural person or legal entity or for reasons relating to an important public interest of the European Union or of a member state. 

If the restriction of the processing has been restricted in accordance with the afore-mentioned preconditions, then you will be informed by the controller before the restriction is removed. 

16.4 Right to erasure

16.4.1 Deletion obligation 

You can demand from controller that the personal data relating to yourself is deleted without delay and the controller is then obliged to delete this data without delay in so far as one of the following reasons applies:

(1)  The personal data relating to yourself is no longer required for the purposes for which it was collected or for which it was processed. 

(2)  You revoke your consent, on which processing in accordance with Article 6 Para. 1 lit. a or Article 9 Para.2 lit. a GDPR was based, and there is no other legal foundation for the processing. 

(3)  You submit an objection to the processing in accordance with Article 21 Para. 1 GDPR and there are no justified reasons for the processing with a higher priority, or you submit an objection to the processing in accordance with Article 21 Para. 2 GDPR. 

(4)  The personal data relating to you was processed in an unlawful manner. 

(5)  The deletion of the personal data relating to you is required to fulfil a legal obligation in accordance with European Union law or the law of the member states, which laws the controller is subject to. 

(6)  The personal data relating to you was collected in relation to services offered by the information company in accordance with Article 8 Para. 1 GDPR.

16.4.2  Information to third parties

If the controller has made the personal data relating to you public and if he/she is obliged to delete this data in accordance with Article 17 Para. 1 GDPR, then he/she shall take reasonable measures including ones of a technical nature - whereby account shall be taken of the available technology and the implementation costs - to inform the responsible parties for the data processing which process the personal data that you as data subject have demanded from them the deletion of all links to this personal data or of copies or replicates of these. 

16.4.3  Exceptions

The right to deletion does not exist in so far as the processing is necessary for

(1)           the exercising of the right of free expression of opinion and to information;

(2)           for the fulfilment of a legal obligation, which requires the processing in accordance with the law of the European Union or the law of the member states, which laws the controller is subject to, or for the carrying out of a task, which lies in the public interest or which is carried out in the exercising of public authority, which authority was transferred to the controller;

(3)           for reasons of public interest in the field of public health in accordance with Article 9 Para. 2 lit. h and i as well as Article 9 Para. 3 GDPR;

(4)           for archiving purposes, scientific or historical research purposes lying in the public interest or for statistical purposes in accordance with Article 89 Para. 1 GDPR, in so far as the right named in section a) probably makes the reaching of the objectives of the processing impossible or impairs it seriously, or

(5)           for the advancing, exercising or defending of legal claims.

Moreover, the right to deletion does not exist in so far as the personal data has to be stored by the controller in order to fulfill legal duties to preserve records and legal retention periods. In such a case instead of deletion blockage of the personal data applies.

16.5 Right to information

If you have advanced the right to the correcting, deleting or restricting of the processing vis à vis the controller, then the latter is obliged to inform all recipients, to which the personal data relating to you was disclosed, of this correction or deletion of the data or of the restricting of the processing, unless this proves itself to be impossible or linked with unreasonable expenditure. 

You are entitled to the right vis à vis the controller to be informed about these recipients.

16.6 Right to data portability

You have the right to receive the personal data relating to you, which you made available to the controller, in a structured, conventional and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was made available, in so far as

(1)  the processing is based on a consent in accordance with Article 6 Para. 1 lit. a GDPR or Article 9 Para. 2 lit. a GDPR or on a contract in accordance with Article 6 Para. 1 lit. b GDPR and

(2)  the processing is carried out with the aid of automated processes.

In exercising this right, you have in addition the right to bring about the situation that the personal data relating to you is transferred directly from one controller to another controller in so far as this is technically possible. The freedoms and rights of other persons may not be impaired thereby.

The right to data portability does not hold good for the processing of personal data, which is necessary for the carrying out of a task, which lies in the public interest or in the exercising of public authority and which task was transferred to the controller.

16.7 Right to object

For reasons which result from your particular situation you have the right to advance at any time objection to the processing of the personal data relating to you, which processing is carried out on the basis of Article 6 Para. 1 lit. e or f GDPR; this right also holds good for profiling based on these provisions. 

The controller shall then no longer process the personal data relating to you, unless he/she can demonstrate compelling reasons worthy of protection, which reasons overweigh your interests, rights and freedoms or where the processing serves the advancing, exercising or defending of legal claims.

If the personal data relating to you is processed for the carrying out of direct advertising, then you have the right to advance at any time objection to the processing of the personal data relating to you for purposes of such advertising; this holds good too for profiling in so far as this is carried out in connection with such direct advertising.

If you object to the processing for purposes of direct advertising, then the personal data relating to you will no longer be processed for these purposes.

You have the opportunity - in connection with the use of services of the information company and regardless of directive 2002/58/EC – to exercise your right of objection with the aid of automated processes in which technical specifications are used.

16.8 Right to withdraw from the declaration of consent under data protection law

You have the right to withdraw your consent at any time and without giving reasons. In the event of withdrawal we immediately will delete your personal data and no longer process it. The legality of the processing carried out on the basis of your given consent and carried out prior to your withdrawal is not affected by you withdrawal.

16.9 Automated decision-making in individual cases including profiling

You have the right to not subject yourself to a decision based solely on an automated processing process - including profiling - which unfolds a legal effect vis à vis yourself or which impairs you significantly in a similar way. This does not hold good if the decision 

(1)  is necessary for the concluding or fulfilment of a contract between you and the controller,

(2)  is permissible on the basis of legal regulations of the European Union or of its member states, which the controller is subject to, and these regulations contain reasonable measures for the maintenance of your rights and freedoms as well as for your legitimate interests or

(3)  is carried out with your explicit consent.

However, these decisions may not be based on particular categories of personal data in accordance with Article 9 Para. 1 GDPR, in so far as Article 9 Para. 2 lit. a or g does not hold good and reasonable measures have been taken for the protection of the rights and freedoms as well as of your legitimate interests.

In respect of the cases named in (1) and (3) above the controller shall take reasonable measures to ensure the rights and freedoms as well as your legitimate interests, whereby belonging thereto is at the least the right to the affecting of the intervention of a person on the side of the controller for the representation of the controller’s standpoint and to the challenging of the decision.

16.10 Right to complain at a supervisory authority 

Regardless of another regulatory or judicial remedy, you are entitled to the right to lodge a complaint at a supervisory authority and here in particular at a supervisory authority in the member state of your place of residence, of your place of work or of the place where the suspected infringement took place when you are of the opinion that the processing of the personal data relating to you infringes the GDPR. 

In this situation the supervisory authority, at which the complaint was lodged, shall inform the complainant on the status and the results of the complaint including the possibility of a judicial remedy in accordance with Article 78 GDPR.

 

 

 

Status: 02.07.2019

Controller: Hechler & Nickel Fashion GmbH

Managing Director: Martina Nickel