Privacy policy
Data protection
Provider of these Internet pages and responsible for the content:
Emmerich Fashion GmbH
Gahlenfeldstr. 27A
58313 Herdecke
Managing Director: Holger Emmerich
Sales tax identification no. DE815253543
Local Court Hagen HRB 8689
General data protection declaration
Name and contact of the controller pursuant to Article 4 (7) GDPR
Company: Emmerich Fashion GmbH
Address: Gahlenfeldstraße 27A
E-Mail: info@athletes-eyewear.com
Data Protection Officer (external)
Name: Dipl.-Coach Gerhard Heidemann
Address: 59555 Lippstadt Niemöllerallee 46
E-mail: datenschutz@topteam.de
PRIVACY POLICY
1. GENERAL
We are very delighted that you have shown interest in our company. Data protection is particularly important to us. In this privacy policy, we inform you about data processing in our company - in particular via our website and as part of the ordering process - insofar as this data processing also concerns your data.
If you would first like an introduction to the topic of data protection and general information on the terms used in the General Data Protection Regulation, you can find this, for example, on the website of the Federal Data Protection Commissioner, available at https://www.bfdi.bund.de/DE/Meta/Datenschutz/datenschutz_node.html.
2. INFORMATION ON THE PERSON RESPONSIBLE
Responsible for the processing of your personal data is Emmerich Fashion GmbH, Gahlenfeldstr. 27A, 58313 Herdecke. You can reach us for general questions by e-mail at info@athletes-eyewear.com.
3. ACTIVITIES IN WHICH WE PROCESS PERSONAL DATA
3.1 Visiting our website without logging in
If you visit our website without logging in, registering or otherwise filling in input fields on the website, we process your personal data as follows:
3.1.1 For the purpose of providing our website, we process the name of the website accessed, the file accessed, 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) and IP address of all website visitors. The processing is technically necessary to enable the use of our website (Art. 6 para. 1 b DS-GVO). The data is deleted after the end of your visit to our website, unless individual data is further processed for one of the following purposes.
3.1.2 For the purpose of detecting and defending against attacks on our website and technical infrastructure (e.g. hacking, denial of service attack), we process the IP addresses, [data categories] of all website visitors. The processing serves to fulfill our legal obligation to take protective measures (Art. 6 para. 1 c DS-GVO). The data is deleted seven (7) days after the end of your visit to our website, unless an attack attempt is detected. In the event of a detected attack attempt from your connection, the data will be processed further for complete technical and, if necessary, legal processing.
3.2 VISITING OUR WEBSITE WITH REGISTRATION
3.2.1 You can register on our website by creating a user account. Registration enables you to complete the ordering process on our website more quickly and easily. As part of the registration process, we process your first and last name, your e-mail address and a password freely chosen by you. The processing serves the execution and fulfillment of the user contract (Art. 6 para. 1 b DS-GVO). Your data will remain stored by us as long as your user account remains active. If we are not legally obligated to store the data, it will also be deleted.
3.2.2 In all other respects, the same data processing shall take place as described in Section 3.1.
3.3 ORDER IN OUR ONLINE STORE
3.3.1 When an order is placed in our online store, we collect the following data from the customer: name, address, date of birth, telephone number, gender and e-mail address. We need this data for the processing of the purchase contract, the shipment of the goods, the invoicing and for the returns management. The processing of this data is necessary for the fulfillment of the purchase contract concluded via our online store (Art. 6 para. 1 b DS-GVO). We delete this data as soon as it is no longer required for the above-mentioned purposes and there are also no longer any legal retention obligations. In the latter case, we will not delete the data, but will block it for any further processing.
3.3.2 We process your payment information for the purpose of payment processing when you purchase a product through our website. Depending on the payment method you choose, we may forward this payment information to third parties (e.g., in the case of credit card payments, to the credit card provider). The following payment methods can be selected as part of an order:
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a) When paying via PayPal, credit card via PayPal, direct debit via PayPal, "purchase on account" or "payment by installments" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), as part of the payment processing. This data processing is necessary for the performance or fulfillment of the contract (Art. 6 para. 1 b GDPR). The data will only be passed on to the extent that this is necessary for payment processing. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing. Further data protection information, including information on the credit agencies used, can be found in PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-ful - b) For the payment method Klarna, your personal data will be transmitted to the operator of Klarna. The legal basis for the transmission of the data is Article 6 (1) a DSGVO (consent) and Article 6 (1) b DSGVO (processing for the performance of a contract).
The operator of the Klarna payment service is: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, phone: 0046 8-120 120 00, fax: 0046 8-120 120 99, contact: info@klarna.de, Klarna collects the following data: Name, date of birth, title, billing and delivery address, e-mail address, cell phone number, details of products ordered, details of income, credit commitments and payment remarks, location-related information, IP address
For detailed information on Klarna Bank AB (publ)'s privacy policy, please visit https://www.klarna.com/de/datenschutz/
- c) When selecting payment by credit card, Apple Pay or Google Pay, we use the Shopify Payments service. This is a service of Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Your credit card details are collected and processed directly by Shopify Payments and are not stored by us. The transmission of your payment data only takes place as far as this is necessary for the payment processing. If you choose this payment method, this data processing is necessary for the execution or performance of the contract (Art. 6 para. 1 b DS-GVO). The privacy policy of BS PAYONE GmbH can be found here: https://www.shopify.de/legal/datenschutz
3.3.3 DISCLOSURE OF DATA TO THIRD PARTIES IN THE CONTEXT OF ORDER PROCESSING
In the context of order processing, we use the services of various partners to properly process the order and to provide you with advertising for other interesting products. We rely on the cooperation with the following partners:
We use Hive Technologies GmbH in Berlin as our logistics service provider. It provides logistics services on our behalf. For this purpose, we transmit your name and the recipient's address, your e-mail address, telephone number, customer reference number, the name of the invoice recipient and the invoice address. Hive technologies GmbH is contractually obliged to use this data only for the purpose described above and in accordance with our instructions.
3.4 COOKIES
3.4.1 We use cookies on our website. Cookies are small text files. They enable us to store specific information relating to you, the user, in connection with the use of our website. The cookies we use can be divided into technically necessary, technically unnecessary and third-party cookies.
Technically necessary cookies are those that are absolutely necessary for the use of all functionalities of our website. Without these, error-free use of our website cannot be guaranteed.
Non-technically necessary cookies are, for example, those that allow us to recognize you as a customer when you visit our site again. We can then restore the settings you selected when you first visited our site. In addition, these cookies help us to analyze user behavior with regard to our web store.
Third-party cookies record your visit to our website, other websites you have visited and the links you have executed. We use this information to optimize our website and the advertising we target to you and to tailor it to your interests.
For the provision of our website as well as a personalized presentation of our website, we store technically necessary cookies on the end devices of the website visitors. These cookies contain the following data: An identifier that serves as an identifier to recognize several related requests of a user and assign them to a session, called category of the website, language settings as well as the content of the shopping cart. The processing is technically necessary to enable the use of our website (Art. 6 para. 1b DS-GVO). All cookies are allowed, blocked and deleted (e.g. when closing the browser window) according to the settings stored in your web browser. If cookies are deactivated for our website, it may no longer be possible to fully use all functions of the website.
The third-party cookies listed below are set on our website in order to adapt our online offer to your interests and with the aim of ensuring that you only receive advertising about products that you are interested in.
For the analysis of visitor behavior by Google Analytics, Google stores or processes cookies on the end device of website visitors when they visit our website. In this way, the IP address (shortened and anonymized using the anonymization function), from which website a data subject has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage has been viewed are transmitted to Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA and processed there. The processing there is mainly used to optimize our website and for cost-benefit analysis of Internet advertising. Google also uses the data and information obtained to evaluate the use of our website, to compile online reports for us on the activities on our website, and to provide other services related to the use of our website. The processing is necessary to protect our overriding legitimate interest (Art. 6 (1) f DS-GVO) to continuously improve our website and to adapt it to the interests and wishes of website visitors, as well as to be able to present our company and its products in the most targeted manner possible. These cookies are deleted according to the settings stored in your web browser (e.g. when closing the browser window). You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Third-party provider information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User terms: http://www.google.com/analytics/terms/de.html, Privacy policy overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and Privacy policy: http: //www.google.de/intl/de/policies/privacy.
For the purpose of analyzing the effectiveness of advertisements, we use the online advertising program "Google AdWords" and, as part of Google AdWords, conversion tracking. The cookie for conversion tracking is set and transferred to Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA, when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie is still valid, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked across AdWords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. The processing is necessary to protect our overriding legitimate interest (Art. 6 (1) f DS-GVO) to measure the reach of our advertisements and their cost/benefit ratio in order to advertise in the most targeted manner possible. The transfer to the United States of America takes place on the basis of an adequacy decision of the EU Commission (Art. 45 DSGVO) due to the recipient's participation in the "EU-US Privacy Shield". The cookies are deleted after 30 days, unless another setting in your web browser provides for earlier deletion.
You can deactivate the storage of cookies in your browser under Extras/Internet options, restrict them to certain websites or set the browser to notify you as soon as a cookie is sent. Please note, however, that in this case you must expect a limited display of the online offers and limited user guidance. You can also delete cookies at any time. In this case, the information stored in them will be removed from your end device.
4. WEB ANALYSIS AND WEB TRACKING
4.1 We use the "Custom Audiences" remarketing function from Facebook. This service of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA, gives us the opportunity to target visitors to our website on Facebook with advertising. To enable this advertising, Facebook's remarketing pixel is integrated on our website. This pixel establishes a direct connection to the Facebook servers when you visit the website. In doing so, we transmit your IP address to Facebook. In addition, Facebook learns which of our web pages you have visited and can then assign interests to your personal Facebook user account. It is then possible to play individualized advertising to you in your Facebook network. This data processing is necessary to protect our overriding legitimate interest (Art. 6 (1) f DS-GVO) to show visitors to our website only advertisements for those products in which the user is also interested. For more information on the collection and use of data by Facebook, please refer to Facebook's privacy policy at https://www.facebook.com/about/privacy/. If you do not want Facebook to assign the collected information directly to your Facebook user account, you can deactivate the "Custom Audiences" remarketing function. To do so, you must be logged in to Facebook.
4.2 We use the "conversion pixel" or visitor action pixel from Facebook. This is a service provided by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). By calling up this pixel from your browser, Facebook can subsequently recognize whether a Facebook ad was successful, e.g. whether it led to an online purchase. We only receive statistical data from Facebook for this purpose without reference to a specific person. This allows us to record the effectiveness of Facebook ads for statistical and market research purposes. In particular, if you are logged in to Facebook, we refer you to their data protection information www.facebook.com/about/privacy/. This data processing is necessary to safeguard our overriding legitimate interest (Art. 6 para. 1 f GDPR) in order to show visitors to our website only advertisements for products in which the user is interested.
5. USE OF CUSTOMER DATA FOR DIRECT ADVERTISING
5.1 When contacting us via our contact form, the data you provide will be processed and stored by us in order to answer the inquiry and the related questions. The processing of personal data from the input mask of the contact form serves us solely to process the contact. The processing of the IP address during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems. When contacting us via our contact form, you must provide your first and last name as well as your e-mail address. We need your name in order to be able to assign the request when answering it and to address you personally. We need the e-mail address for the transmission of our reply. Furthermore, you can provide voluntary information that may help us to answer the request, namely the order number, telephone number, your country of origin, a subject of the contact request. The legality of the processing of the data provided to us via the contact form is based on Art. 6 para. 1 b DSGVO. We delete the data accruing in this context after the storage is no longer necessary, or restrict the processing if there are legal retention obligations.
5.2 In order to process general telephone inquiries and to answer customer inquiries by telephone, we process the surname, first name, telephone number, customer number of the caller, the other personal data provided by the caller by telephone and information on the content of the telephone inquiry. The processing is necessary for the execution or fulfillment of the contract (Art. 6 para. 1 b DS-GVO). Depending on the content of the request, processing is restricted immediately after completion of the processing of the requestor's request to processing for the specific purpose of the request (e.g. use of our products by the customer, advertising of our services as part of new customer acquisition). After the fulfillment of the respective purpose as well as all legal, in particular commercial and tax law retention obligations, the data is automatically deleted.
5.3 If you contact us via our presences in the social networks Facebook or Instagram, we process the personal data that you have deposited with the respective social network. The processing of your data is necessary to process the request (Art. 6 para. 1 b DS-GVO). After the fulfillment of the respective purpose and all legal, in particular commercial and tax retention obligations, the data will be automatically deleted.
5.4 We offer a newsletter service on our website. If you would like to receive the newsletter offered on the website, you can subscribe to it using the field provided for this purpose on our website. We will then send you a confirmation link by email, which you must click on to activate the newsletter service. By clicking on it, you confirm that you are the owner of the e-mail address provided and at the same time declare that you agree to receive the newsletter. The data is processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time. The data you provide us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the members' area) remain unaffected by this. You can unsubscribe from the newsletter at any time, either by sending a message to info@athletes-eyewear.com or by clicking on the link provided in the newsletter. After unsubscribing, we will delete your e-mail address unless you have expressly consented to further use of the data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
Our e-mail newsletters are sent via this provider: Klaviyo, Inc, 125 Summer St., Ste 600, Boston, MA 02110, USA
On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provide when registering for the newsletter to this provider in accordance with Art. 6 para. 1 lit. f GDPR so that they can send the newsletter on our behalf.
Subject to your express consent in accordance with Art. 6 para. 1 lit. a GDPR, the provider also carries out a statistical evaluation of the success of newsletter campaigns using web beacons or tracking pixels in the e-mails sent, which can measure opening rates and specific interactions with the content of the newsletter. End device information (e.g. time of access, IP address, browser type and operating system) is also collected and analyzed, but not merged with other data sets.
You can revoke your consent to newsletter tracking at any time with effect for the future.
We have concluded an order processing contract with the provider, which protects the data of our website visitors and prohibits disclosure to third parties.
For data transfers to the USA, the provider has signed up to the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
5.5 WhatsApp Business. We offer visitors to our website the opportunity to contact us via the WhatsApp messaging service provided by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. We use the so-called "business version" of WhatsApp for this purpose.
If you contact us via WhatsApp on the occasion of a specific transaction (e.g. an order placed), we will store and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 para. 1 lit. b. GDPR to process your request. GDPR to process and respond to your request. On the same legal basis, we may ask you to provide further data (order number, customer number, address or e-mail address) via WhatsApp in order to be able to assign your request to a specific process.
If you use our WhatsApp contact for general inquiries (e.g. about the range of services, availability or our website), we store and use the mobile phone number you use on WhatsApp and - if provided - your first and last name in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in the efficient and timely provision of the requested information.
Your data will only ever be used to respond to your request via WhatsApp. Your data will not be passed on to third parties.
Please note that WhatsApp Business receives access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp Business account, we use a mobile device whose address book only stores the WhatsApp contact data of those users who have also contacted us via WhatsApp.
This ensures that every person whose WhatsApp contact details are stored in our address book has already consented to the transmission of their WhatsApp phone number from the address books of their chat contacts in accordance with Art. 6 para. 1 lit. a GDPR when using the app on their device for the first time by accepting the WhatsApp terms of use. The transmission of data of such users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded in this respect.
The purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your rights in this regard and setting options for protecting your privacy can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1#privacy-policy
We have concluded an order processing contract with the provider, which protects the data of our website visitors and prohibits disclosure to third parties.
As part of the above-mentioned processing, data may be transferred to Meta Platforms Inc. servers in the USA.
For data transfers to the USA, the provider has signed up to the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
5.6 WhatsApp newsletter. If you subscribe to our WhatsApp newsletter, we will regularly send you information about our offers via WhatsApp. The only mandatory information for sending the newsletter is your mobile phone number.
To send the newsletter, you add the mobile phone number we have provided to the address contacts of your mobile device and send us the message "Start" via WhatsApp. By sending this WhatsApp message, you give us your consent to use your personal data in accordance with Art. 6 para. 1 lit. a GDPR for the purpose of sending the newsletter. We will then add you to our newsletter mailing list.
The data collected by us when you register for the newsletter will be processed exclusively for the purposes of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time by sending us the message "Stop" via WhatsApp. Once you have unsubscribed, your mobile phone number will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.
Please note that WhatsApp Business receives access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA.
To send our WhatsApp newsletter, we therefore use a mobile device in whose address book only the WhatsApp contact details of our newsletter recipients are stored. This ensures that every person whose WhatsApp contact data is stored in our address book has already consented to the transmission of their WhatsApp telephone number from the address books of their chat contacts in accordance with Art. 6 para. 1 lit. a GDPR when using the app on their device for the first time by accepting the WhatsApp terms of use. The transmission of data of such users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded in this respect.
The purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your rights in this regard and setting options for protecting your privacy can be found in WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1#privacy-policy
We have concluded an order processing contract with WhatsApp that protects the data of our newsletter recipients and prohibits it from being passed on to third parties.
As part of the above-mentioned processing, data may be transferred to Meta Platforms Inc. servers in the USA.
For data transfers to the USA, the provider has signed up to the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
6. RIGHTS AS A DATA SUBJECT AFFECTED BY DATA PROCESSING
6.1 Your rights vis-à-vis us can be asserted at any time by post to our address stated in section 2.1 above or by e-mail to the e-mail address stated in section 2.2 above. Please understand that we do not process inquiries about personal data by telephone, as it is generally not possible to establish the identity of the caller with sufficient certainty.
6.2 You have the following rights vis-à-vis us with regard to your personal data:
6.2.1 You can assert your right of access (Art. 15 GDPR), right to rectification (Art. 16 GDPR), right to erasure (Art. 17 GDPR) and right to restriction of processing, i.e. blocking for certain purposes (Art. 18 GDPR) against us at any time if the respective legal requirements are met.
6.2.2 Your right to data portability (Art. 20 GDPR) also provides that, if the legal requirements are met, you may request that we transfer the personal data concerning you to you - or, if technically feasible, to another controller designated by you - in a structured, commonly used and machine-readable format.
6.2.3 You have the right to object to processing (Art. 21 GDPR) for certain processing purposes, in particular advertising purposes. Insofar as we process your data on the basis of a balancing of interests (pursuant to Art. 6 para. 1 f GDPR), you have the right to object to this processing at any time for reasons arising from your particular situation. Such reasons exist in particular if they give your interests particular weight and therefore outweigh our interests, for example if these reasons are not known to us and therefore could not be taken into account in the balancing of interests.
6.2.4 You have the right to withdraw your consent to data processing at any time. The legality of the data processing operations that have already taken place up to the revocation remains unaffected by the revocation.
6.3 You also have the right to contact the competent data protection supervisory authority if you have any questions or complaints regarding our processing of your personal data.
7. SECURITY OF YOUR DATA
7.1 We use appropriate and modern security measures to protect your data from loss, misuse and alteration. Only authorized employees have access to personal data. We do everything in our power to prevent a violation of your rights or a risk to your personal data.
7.2 Please bear in mind that data transmission via the Internet is never completely secure. We cannot guarantee the security of the data entered on our website during transmission via the Internet. This is at your own risk.
8. CHANGES TO THIS PRIVACY POLICY
We reserve the right to amend this privacy policy when we update our website or change our data processing procedures. We therefore recommend that you check our privacy policy regularly to take note of any changes. This privacy policy was last updated on 02.12.2024.