Jay Dazé fashion Company
Germany - 25335 Elmshorn
phone +49 4121 2914240
Owner: Dimitri Lange
VAT ID: DE 223566944
Tax number: 13 137 01245
TYPES OF PROCESSED DATA
- inventory data (e.g., names, addresses).
- contact information (e.g., e-mail, phone numbers).
- content data (e.g., text input, photographs, videos).
- usage data (e.g., visited websites, interest in content, access times).
- meta and communication data (e.g., device information, IP addresses).
CATEGORIES OF CONCERNED INDIVIDUALS
Visitors and users of the online offer (hereinafter we refer to the affected individuals as "users").
PURPOSE OF PROCESSING
- Provision of the online offer, its functions and contents
- Answering contact requests and communicating with users.
- Security measures.
- Range-measurement / Marketing
"Personal data" includes any information related to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of allocations to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more special characteristics, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures or any such process in combination with personal data. The term goes far and includes practically every handling of data.
"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to guarantee that the personal data is not assigned to an identified or identifiable natural person.
"Profiling" means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behavior, abode or relocation of that natural person.
"Responsible" includes the natural or legal person, public authority or institution which alone or together with others decides on the purposes of processing personal data.
"Processor" means a natural or legal person, public authority, agency or institution that processes personal data on behalf of the responsible.
RELEVANT STATUTORY REGULATIONS
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) c GDPR, and the legal basis for processing in order to protect our legitimate interests is Article 6 (1) f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) d GDPR as the legal basis.
We take suitable technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probability and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
Measures include securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as entering, sharing, securing availability and separating them. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. In accordance with the principle of data protection through technology design and data protection-friendly presetting’s
COOPERATION WITH PROCESSORS AND THIRD PARTIES
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit them or otherwise grant access to the data, this is done only on the basis of a legal permission, such as when the data is transmitted to third parties, such as payment service providers, acc. Art. 6 (1) b GDPR is required to fulfill the contract. Another possibility would be their consent, a legal obligation that provides for this or based on our legitimate interests (such as the use of agents, web hosts, etc.).
If we instruct third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
TRANSFERS TO THIRD COUNTRIES
If we process data in a third country outside the European Union (EU) or the European Economic Area (EEA) or in the context of the use of third party services or disclosure, or transmission of data to third parties, this will only be done if there is Fulfillment of our (pre) contractual obligations, on the basis of your approval, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. This means the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e. for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
RIGHTS OF DATA SUBJECTS
You have the right to request a confirmation, if relevant data are processed, information about these data or copies of the data are made in accordance with Art. 15 GDPR.
You have accordingly to Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data has to be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to request to receive the relevant data that you have provided to us in accordance with Art. 20 GDPR and to request their transmission to other responsible persons.
According to Art. 77 GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.
RIGHT OF REVOCATION
You have the right to revoke granted approvals in accordance with Art. 7 (3) GDPR with that have a future effect.
RIGHT OF OBJECTION
You can contradict to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
COOKIES AND RIGHT TO OBJECT IN CASE OF DIRECT ADVERTISING
The word "cookies" means small files that are stored on users' computers. Different information can be stored within the cookies. A cookie has as its main function to save the information of a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after using the online offer when the browser is closed. In this type of cookie, for example the contents of a shopping cart in an online shop or a login status are saved. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, for example the login status will be saved if users visit it after several days. Also, in such a cookie the interests of the users can be stored, which can be used for range measurement or marketing purposes. A "third-party cookie" refers to cookies offered by providers other than the person responsible for the online offer (otherwise, if it is only their own cookies, they are referred to as "first-party cookies").
If users do not want cookies to be stored, they will be asked to disable the option in their browser settings. Already saved cookies can be deleted in the settings of the browser. The exclusion of cookies may lead to possible restrictions of the online offer.
DELETION OF DATA
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 (1) AO, 257 (1) no. 1 and 4, (4) commercial code (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, (4) commercial code (commercial letters).
According to legal requirements in Austria, the retention is in particular 7 years in accordance with § 132 (1) BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
In addition, we process
- contract data (e.g., subject, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
ORDER PROCESSING IN THE ONLINE SHOP AND CUSTOMER ACCOUNT
We process the data of our customers in the ordering processes in our online shop to enable the selection and ordering of the selected products and services, as well as the payment and delivery, or implementation.
The used data includes inventory data, communication data, contract data and payment data and the data subjects include our customers, prospects and business partners. The processing is carried out for the provision of contractual services in the context of the service of an online shop, billing, delivery and customer service. For this we use session cookies e.g. for the storage of the shopping cart contents and permanent cookies for the storage of the login status.
Processing is based on Art. 6 (1) b (execution of order transactions) and c (legally required archiving) GDPR. The information marked as required for the fulfillment of the contract is necessary. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfillment of the contract (for example, at the customer's request on delivery or payment).
Users can create a user account for the purpose of viewing their orders. As part of the registration, users are provided with the required information. The user accounts are not public and cannot be indexed by search engines. If user delete their accounts, the data with regard to the user account will be deleted at the same time, subject to their retention is for commercial or tax law reasons according to Art. 6 (1) c GDPR necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. Users are free to save their data on termination before the end of the contract.
As part of the registration and login and use of our online services, we store the IP address and the time of the respective action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. We generally not transfer these data to third parties unless it is required or there is a statutory obligation with regard to Art. 6 (1) c GDPR.
The deletion takes place after expiration of legal warranty obligation, the necessity of the storage of the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end commercial law (6 years) and tax law (10 years).
EXTERNAL PAYMENT SERVICE PROVIDERS
We use external payment service providers through whose platforms users and we can make payment transactions. For Example Paypal (https://www.paypal.com/us/webapps/mpp/ua/privacy-full), Heidelpay (https://www.heidelpay.com/en/privacy-statement/), Klarna (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/privacy?_ga=2.203944151.697445233.1579511029-1462724428.1579511029), Skrill (https://www.skrill.com/en/footer/privacypolicy/), Giropay (https://www.giropay.de/rechtliches/datenschutzerklaerung), Visa (https://www.visa.co.uk/legal/privacy-policy.html), Mastercard (https://www.mastercard.us/en-us/about-mastercard/what-we-do/privacy.html), American Express (https://www.americanexpress.com/us/privacy-center/?inav=footer_privacy_statement).
As part of the fulfillment of contracts, we set the payment service providers on the basis of Art. 6 (1) b GDPR. Incidentally, we use external payment service providers on the basis of our legitimate interests with regard to Art. 6 (1) f. GDPR to achieve effective and secure payment options.
For the payment transactions, the terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites apply. We also refer to these for further information and assertion of rights of withdrawal, information and other data subjects.
ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT
We process data in the context of administrative tasks and organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 (1) c. GDPR, Art. 6 (1) f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that means, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.
BUSINESS ANALYSIS AND MARKET RESEARCH
In order to operate our business economically, to recognize market trends and wishes of the contractors and users, we analyze the data of business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata based on Art. 6 (1) f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyzes are carried out for business evaluations, marketing and market research. In doing so, we can provide the profiles of registered users with information. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analyzes are for us alone and will not be disclosed externally unless they are anonymous for aggregated value analyzes.
If these analyzes or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.
We use the applicant data only in the context of the application process in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our pre-contractual obligations in the context of the process within the meaning of Art. 6 (1) b. GDPR Art. 6 (1) f. GDPR if the data processing for example is required for us in the context of legal proceedings (in Germany, § 26 FDPA applies additionally).
The application process requires applicants to provide us with the applicant data. The necessary applicant data are, as far as we offer an online form marked, otherwise result from the job descriptions and basically include the information on the person, postal and contact addresses and the application documents, such as a cover letter, CV and the certificates. In addition, applicants can voluntarily provide us with additional information.
If special categories of personal data with regard to Art. 9 (1) GDPR are voluntarily provided in the context of the application process, their processing is additionally carried out in accordance with Art. 9 (2) b GDPR (e.g., health information such as disability or ethnic origin). If, in the context of the application process, special categories of personal data are requested from applicants with regard to Art. 9 (1) GDPR, their processing is additionally carried out in accordance with Art. 9 (2) lit. a GDPR (for example health data, if necessary for the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data will be encrypted and transmitted to us according to the state of the art.
Furthermore, applicants can send us their applications via e-mail. It should be noted that e-mails are generally not sent encrypted and the applicants themselves have to ensure the encryption. We can therefore take no responsibility for the transmission of the application between the sender and the reception on our server and therefore rather recommend the online form or the post way. In addition to the application online and by e-mail, the applicants have the opportunity to send us the application by post.
The data provided by the applicants may be further processed by us in the event of a successful application for employment. Otherwise, if the application for a job offer is not successful, the applicants' data will be deleted. The data will also be deleted if an application is withdrawn, which the applicants are entitled to at any time.
The cancellation takes place, in the case of a legitimate cancellation of the candidate, after the expiration of a period of six months, so that we are able to answer follow-up questions to the application and meet our proof obligations under the Equal Treatment Act. Invoices for reimbursement of travel expenses are archived according to tax regulations.
As part of the application, we offer applicants the opportunity to be part in our "Talent Pool" for a period of two years on the basis of a consent in accordance with Art. 6 (1) b. and Art. 7 GDPR
The application documents in the Talent Pool will only be processed as a part of future job advertisements and job research and will be destroyed at the latest after the deadline. Candidates are informed that their consent to be included in the Talent Pool is voluntary, that it has no influence on the current application process and that they can revoke this consent at any time in the future and declare an objection within the meaning of Art. 21 GDPR.
Users can create a user account. As part of the registration, the required information is communicated to the user and based on Art. 6 (1) b GDPR processed for purposes of providing the user account. The processed data include in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account.
We offer the option of providing users with information relevant to their user account via e-mail, such as: technical changes. If users have terminated their user account, their data will be deleted with respect to the user account, subject to a statutory retention requirement. The users have the responsibility to secure their data upon termination prior to the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the use of our registration and login functions as well as the use of the user account, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with. Art. 6 (1) c. GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.
While contacting us (for example, by e-mail, telephone or via social media) the information of the user to process the contact request and its processing takes place with regard to Art. 6 (1) b. (in the context of contractual / pre-contractual relationships), Art. 6 (1) f. (other requests) GDPR. User information can be stored in a Customer Relationship Management System ("CRM System") or similar request organization.
We will delete the requests as soon as they are no longer needed. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
The following information will inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures and their right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletter contains information about our services and us.
Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. In other words, you will receive an e-mail after logging in, requesting a confirmation of your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.
Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to indicate a name in the newsletter for personal address.
The dispatch of the newsletter and the associated performance measurement are based on the consent of the recipient in accordance with Art. 6 (1) a, Art. 7 GDPR in connection with § 7 (2) no. 3 UWG or if consent is not required based on our legitimate interests in direct marketing pursuant to Art. 6 (1) f. GDPR in connection with. § 7 (3) UWG.
The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 (1) f GDPR. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove our consent.
Termination / revocation - You can terminate the receipt of our newsletter at any time, in other words, revoke your consent. A link to cancel the newsletter can be found at the end of each e-mail. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide the prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
HOSTING AND E-MAILING
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services that we use to operate this online service.
Here we, or the hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according with Art. 6 (1) f GDPR combined with Art. 28 GDPR (conclusion of contract processing contract).
COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 (1) f. GDPR Data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further storage is required for evidential purposes are excluded from the erasure until the final clarification of the incident.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law
Google will use this information on our behalf to evaluate the use of our online offer and to compile reports on the activities within this online offer. In addition, the data will be used to provide us with additional services related to the use of this online offer and internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user's browser will not be matched with other Google data. Users have the option of preventing the storage of cookies by setting their browser software accordingly; Users may also prevent the collection of the data by Google generated by the cookie and related to their use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The personal data of users will be deleted or anonymized after 14 months.
GOOGLE ADWORDS AND CONVERSION MEASUREMENT
We use the services of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 on the basis of our legitimate interests (e.g. interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 (1) GDPR), USA, ("Google").
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with the European data protection law
We use Google's online marketing tool "AdWords" to place ads on the Google advertising network (e.g. in search results, in videos, on websites, etc.) so that they are displayed to users who might have a suspected interest in the ads, this allows us to target advertisements for and within our online offering so that we only present ads to users that potentially represent their interests. If a user e.g. Showing ads for products, he's been looking for on other online offers it’s called remarketing. For these purposes, upon access to our and other websites on which the Google Advertising Network is active, Google will immediately execute a Google code and become so-called remarketing tags (invisible graphics or codes, also known as (“Web beacons") incorporated into the website. With their help, the device provides the user with an individual cookie, a small file that is saved (instead of cookies, comparable technologies can also be used). In this file is noted which web pages the user visited, for what content he is interested and what offers the user has clicked. In addition, technical information on the browser and operating system, referring web pages, visit time and other information on the use of the online offer are recorded.
Furthermore, we receive an individual "conversion cookie". The information obtained through the cookie is used by Google to generate conversion statistics for us. However, we only receive the anonymous total number of users who clicked on our ad and were redirected to a conversion tracking tag page. However, we do not receive any information that personally identifies users.
The data of the users are pseudonym processed within the Google advertising network. That means Google stores and processes for example not the name or e-mail address of the users but processes the relevant data cookie-related within pseudonymous user profiles. That from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but only to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the United States.
ONLINE PRESENCE IN SOCIAL MEDIA
We maintain online presence within social networks and platforms in order to communicate active with customers, prospects and users there and to inform them about our services and offers. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES
Based on our legitimate interests (for example interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) GDPR), we make use of content or services offered by third-party providers in order to provide their content and services, such as Include videos or fonts (collectively referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor only to use content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.