Data protection
This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible:
FA.Breuer
Hohenzollernstrasse 22a
80801 München
089/33 87 72
info@kostuemverleih.com
Types of data processed:
- Inventory data (e.g. names, addresses)
- Contact details (e.g. email, telephone numbers)
- Content data (e.g. text entries, photographs, videos)
- Contract data (e.g. subject matter of the contract, term, customer category
- Payment data (e.g. bank details, payment history)
Processing of special categories of data (Art. 9 Para. 1 GDPR):
No special categories of data are processed. Categories of persons affected by the processing:
Customers, interested parties, visitors and users of the online offer, business partners. Below we refer to the affected persons collectively as “users”
Purpose of processing:
- Provision of the online offer, its content and shop functions.
- Provision of contractual services, service and customer care.
- Answering contact requests and communicating with users.
- Safety measures.
Stand: 05/2018
1. Terms used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she 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 (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2. “Processing” means any operation or series of operations carried out on personal data, whether or not by automated means. The term is broad and encompasses virtually every way data is handled.
1.3. The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
2. Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art . 6 paragraph 1 lit. f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
3. Changes and updates to the privacy policy
We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. Safety measures
4.1. We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure the exercise of the rights of those affected, the deletion of data and the response to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR)
5. Disclosure and Transfer of Information
5.1. If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Paragraph 1 lit – and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and obligations)
5.2. If we commission 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.
6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”)
7. Rights of data subjects
7.1. You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.
7.3. In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
7.4. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
7.5. In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.
8. Right of withdrawal
You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future.
9. Right to object
You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.
10. Cookies and right to object to direct advertising
10.1. “Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. Cookies from providers other than the person responsible who operates the online offering are referred to as “third-party cookies” (otherwise, if they are only their cookies, they are referred to as “first-party cookies”)
10.2. We use temporary and permanent cookies and explain this in our data protection declaration. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the browser’s system settings. The exclusion of cookies can lead to functional restrictions of this online offer.
10.3. A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ can be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.
11. Deletion of data
11.1. The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
11.2. Germany: According to legal requirements, storage is carried out in particular for 6 years in accordance with Section 257 Paragraph 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 Paragraph 1 AO (books, records , management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc
12. Order processing in the online shop and customer account
12.1. We process our customers’ data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.
12.2. The data processed includes inventory data, communication data, contract data, payment data and the data subjects include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services as part of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. Processing is carried out on the basis of Article 6 Paragraph 1 Letter b (Execution of ordering processes) and c (Lawfully required archiving) GDPR. The information marked as necessary is required to establish and fulfill the contract. We only disclose the data to third parties as part of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account, in particular by being able to view their orders. As part of registration, the required mandatory information is provided to users. User accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, unless their retention is necessary for commercial or tax law reasons in accordance with Article 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the users’ responsibility to back up their data before the end of the contract if the contract is terminated.
12.5. As part of the registration and re-registration process as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.
12.6. The deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is checked every three years; In the case of legal archiving obligations, deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligations); Information in the customer account remains until it is deleted.
16. Collection of access data and log files
16.1. Based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
16.2. Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified
17. Online presence in social media
17.1. Based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR, we maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
17.2 Unless otherwise stated in our data protection declaration, we process users’ data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages
18.5. The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offering and from processing this data by Google by downloading and installing the browser plug-in available at the following link: https://tools .google.com/dlpage/gaoptout?hl=de
18.6. You can find out more information about Google’s use of data, settings and objection options on the Google websites: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information Google uses to show you advertising”).
19. Google Re/Marketing Services
19.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use the marketing and remarketing services (“Google Marketing Services” for short ”) of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”).
19.2. Google is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
19.3. The Google marketing services allow us to display advertisements for and on our website in a more targeted manner in order to only show users advertisements that potentially match their interests. For example, if a user is shown ads for products that they were interested in on other websites, this is referred to as “remarketing”. For these purposes, when you visit our and other websites on which Google marketing services are active, Google directly executes a code from Google and so-called (re)marketing tags (invisible graphics or code, also known as “Web “Beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, visiting time and other information about the use of the online offer. The user’s IP address is also recorded, although we inform Google Analytics that the IP address is shortened within member states of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases Transferred to servers by Google in the USA and shortened there. The IP address is not merged with the user’s data within other Google offerings. Google may also combine the information mentioned above with such information from other sources. When the user then visits other websites, ads tailored to their interests can be shown to them.
19.4. User data is processed pseudonymously as part of Google marketing services. This means that Google does not store and process the user’s name or email address, for example, but rather processes the relevant cookie-related data within pseudonymous user profiles. This means that from Google’s perspective, the advertisements are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who the cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected by Google Marketing Services about users is transmitted to Google and stored on Google’s servers in the USA.
19.5. The Google marketing services we use include the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies cannot therefore be tracked via the websites of AdWords customers. The information collected using the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that can be used to personally identify users.
19.6. We can integrate third-party advertisements based on the Google marketing service “DoubleClick”. DoubleClick uses cookies that enable Google and its partner websites to serve ads based on users’ visits to this website or other websites on the Internet.
19.7. We can integrate third-party advertisements based on the Google marketing service “AdSense”. AdSense uses cookies to enable Google and its partner websites to serve ads based on users’ visits to this website or other websites on the Internet.
19.8. We can also use the “Google Optimizer” service. Google Optimizer allows us to use so-called “A/B testing” to understand the impact of various changes to a website (e.g. changes to input fields, design, etc.). Cookies are stored on users’ devices for these testing purposes. Only pseudonymous user data is processed.
19.9. We can also use the “Google Tag Manager” to integrate and manage Google analysis and marketing services into our website.
19.9. You can find out more information about how Google uses data for marketing purposes on the overview page: https://policies.google.com/technologies/ads
19.11. If you would like to object to interest-based advertising through Google marketing services, you can use the settings and opt-out options provided by Google: https://adssettings.google.com/authenticated.
23.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use the Jetpack plugin (here the sub-function “Wordpress Stats”), which is a tool for statistical evaluation of visitor access and from Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed.
23.2. Automattic is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
23.3. The information generated by the cookie about your use of this online offering is stored on a server in the USA. User profiles can be created from the processed data, which are only used for analysis and not for advertising purposes. For more information, please see Automattic’s privacy policy: https://automattic.com/privacy/ und Hinweisen zu Jetpack-Cookies: https://jetpack.com/support/cookies/.
23.4. You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: Browser Add On zur Deaktivierung von Google Analytics or [ga-optout text=”Google Analytics deaktivieren”]
In addition to or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on this link. An opt-out cookie is installed on your device. This will prevent Google Analytics from collecting information for this website and this browser in the future as long as the cookie remains installed in your browser.
27. Communication via post, email, fax or telephone
27.1 We use means of distance communication, such as post, telephone or email, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.
27.2 Processing is carried out on the basis of Article 6 Paragraph 1 Letter a, Article 7 GDPR, Article 6 Paragraph 1 Letter f GDPR in conjunction with legal requirements for advertising communications. Contact will only be made with the consent of the contact partner or within the scope of legal permissions and the processed data will be deleted as soon as they are not required and otherwise with objection/revocation or cessation of the authorization bases or legal archiving obligations.
Note: When registering, i.e. in the registration form, please point out the contents of the newsletter and the evaluation of opening and clicking behavior, e.g.:
Our newsletter contains information about our products, offers, promotions and our company. Information on data protection, revocation, logging and the performance measurement included in the consent can be found in our [LINK]Data protection declaration[/Link].
If you use a shipping service provider, you must add information about them and can use these examples as a guide (use of a service provider from the EU and one from a third country): Shipping service provider: The newsletter is sent by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as “shipping service provider”.
You can view the shipping service provider’s data protection regulations here: https://www.cleverreach.com/de/datenschutz/. Shipping service provider: The newsletter is sent using “MailChimp”, a newsletter delivery platform from the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the shipping service provider’s privacy policy here: https://mailchimp.com/legal/privacy/.
The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
Note on the legal basis: Please select the variant for Germany or Austria when specifying the legal basis. Please note that in Austria, due to a provision of the E-Commerce Act (ECG), the so-called “ECG list” must be taken into account. This list is maintained by the Regulatory Authority for Telecommunications and Broadcasting (RTR-GmbH): https://www.rtr.at/de/tk/TKKS_Spam. It contains those email addresses to which emails are not allowed to be sent.
29.1. Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to improve their content and Integrate services such as videos or fonts (hereinafter referred to as “content”). This always assumes that the third party providers of this content are aware of the user’s IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known 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 can also be stored in cookies on the user’s device and can contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering, and can also be linked to such information from other sources.
29.2. The following presentation provides an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, objection options (so-called opt-out). – If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.
– External fonts from Google, LLC., https://www.google.com/fonts („Google Fonts“). The integration of Google Fonts occurs through a server call at Google (usually in the USA). Data protection: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Maps from the “Google Maps” service provided by the third-party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection:https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Videos der Plattform „YouTube“ des Dritt-Anbieters Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Datenschutzerklärung: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Functions of the Google+ service are integrated into our online offering. These functions are offered by the third party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. If you are logged into your Google+ account, you can link the content of our pages with your Google+ profile by clicking the Google+ button. This allows Google to assign your visit to our pages to your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Google+. Data protection: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Functions of the Instagram service are integrated into our online offering. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to assign your visit to our pages to your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram. Data protection: https://instagram.com/about/legal/privacy/.
– We use social plugins from the social network Pinterest, which is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”). When you access a page that contains such a plugin, your browser establishes a direct connection to Pinterest’s servers. The plugin transmits log data to Pinterest’s server in the USA. This log data may contain your IP address, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, how you use Pinterest and cookies. Data protection: https://about.pinterest.com/de/privacy-policy.
– Functions of the service or the Twitter platform can be integrated into our online offering (hereinafter referred to as “Twitter”). Twitter is an offering from Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The functions include the display of our posts within Twitter within our online offering, the link to our profile on Twitter as well as the possibility of interacting with the posts and the functions of Twitter, as well as measuring whether users are aware of the advertisements we place on Twitter access our online offering (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law. (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data protection: https://twitter.com/de/privacy, Opt-Out:
If there is any uncertainty regarding the translation of the General Data Protection, reference is made to the German version. The German version of the General Data Protection alone has final legal force.