Responsible:
Alexandra Somlo
Schützenstrasse 2
CH – 4402 Frenkendorf
Owner: Alexandra Somlo
Telephone number: +41 79 799 59 04
E-Mail address: info@www.emaalcashmere.com
Types of data processed:
existing data (e.g., names, addresses).
contact data (e.g., e-mail, telephone numbers).
content data (e.g., text input, photographs, videos).
contract data (e.g., e-mail, telephone numbers).
contract data (e.g., contract data).
contract data (e.g., contract data) Subject of contract, duration, customer category).
Payment data (e.g., bank details, payment history).
Usage data (e.g., websites visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9 para. 1 DSGVO):
No special categories of data will be processed.
Categories of data subjects:
customers, prospects, visitors and users of the online offer, business partners.
visitors and users of the online offer.
In the following, we will refer to the persons concerned collectively as “users”.
Purpose of processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Reply to contact enquiries and communication with users.
– Security measures.
Stand: 03/2019
1. terms used
1.1 “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is any person who, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier (for exampleB. cookie) or to one or more specific characteristics that 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 set of operations carried out with or without the aid of automated procedures which involves personal data. The term is broad and covers virtually every handling of data.
1.3 A “controller” shall mean any natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
2.governing legal basis
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
3. changes and updates of the privacy policy
We kindly ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. security measures
4.1. We shall meet in accordance with Art. 32 DSGVO, 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, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk; the measures include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data as well as the access to, inputting, passing on, securing the availability and separation of the data concerning them. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly presettings (Art. 25 DSGVO).
4.2 Security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. disclosure and transmission of data
5.1 If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if the data is transferred to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the fulfilment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services, which allow us an efficient and effective fulfilment of our contractual obligations, administrative tasks and duties).
5.2 If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 DSGVO.
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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 is done in the context of the use of third party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. DSGVO. I.e. the processing takes place e.g. on the basis of special guarantees, like the officially recognized statement of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or observance of officially recognized special contractual obligations (so-called “standard contract clauses”).
7. rights of the persons concerned
7.1. you have the right to obtain confirmation as to whether the data in question will be processed and to request information on this data and further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2. You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
7.3 In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 DSGVO.
7.4 You have the right to request that the data concerning you which you have provided to us be received in accordance with Art. 20 DSGVO and that it be transferred to other persons responsible.
7.5. they also have the right pursuant to Art. 77 DSGVO to submit a complaint to the competent supervisory authority.
8th right of withdrawal
You have the right to revoke consent according to Art. 7 para. 3 DSGVO with effect for the future.
9. right of appeal
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. The objection can be made in particular against the processing for purposes of direct marketing.
10. cookies and right of objection for direct advertising
10.1 “Cookies” are small files that are stored on users’ computers. Different data 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 the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also be stored in such a cookie. Third party cookies” are cookies from providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, this is referred to as “first party cookies”).
10.2 We use temporary and permanent cookies and clarify this in the context of our privacy policy.
If users do not want cookies to be stored on their computer, they will be asked to disable the appropriate option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
10.3 A general objection to the use of cookies for the purposes of online marketing can be raised for a large number of services, particularly in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. In addition, cookies can be saved by deactivating them in the browser settings. Please note that this may mean that not all functions of this online service can be used.
11. deletion of data
11.1 The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 DSGVO. 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 there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.
11.2. According to legal requirements, the storage takes place in particular for 10 years according to Art. 958f OR (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.).
12. order handling in the Onlineshop and customer account
12.1 We process the data of our customers in the context of the order processes in our online shop to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2 The processed data includes inventory data, communication data, contract data, payment data and the persons concerned, our customers, interested parties and other business partners. Processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping basket and permanent cookies to store the login status.
12.3 The processing takes place on basis of the art. 6 Abs. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as necessary is required for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the statutory permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. on customer request upon delivery or payment).
12.4 Users can optionally create a user account by viewing their orders in particular. Within the scope of registration, the required mandatory information will be communicated to the users. The 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, subject to its retention for commercial or tax reasons pursuant to Art. 6 para. 1 lit. c DSGVO. Data in the customer account shall remain until it is deleted with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to secure their data before the end of the contract in the event of termination.
12.5. during registration and renewed registrations as well as 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. A passing on of these data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to art. 6 para. 1 lit. c DSGVO.
12.6. the deletion takes place after expiration of legal guarantee and comparable obligations, the necessity of the storage of the data is examined every three years; in the case of the legal archiving obligations the deletion takes place after their expiration (end of commercial (6 years) and tax (10 years) storage obligation); data in the customer account remain up to its deletion.
13 Business analyses and market research
13.1 In order to run our business economically, to identify market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, enquiries, etc., in order to identify the most suitable and appropriate solutions. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can consider the profiles of the registered users with information, e.g. on their purchase transactions. The analyses serve us to increase the user friendliness, the optimization of our offer and the business economy. The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with summarized values.
13.2 If these analyses or profiles are person-related, they will be deleted or anonymised upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend definitions are prepared anonymously wherever possible.
14. contact and customer service
14.1. when contacting us (via contact form or e-mail), the user’s details will be processed in order to process the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
14.2 The user data can be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organization.
14.3 We delete the requests if they are no longer necessary. We check the necessity every two years; inquiries from customers who have a customer account are saved permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.
15. collection of access data and log files
15.1. on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. we collect the following data DSGVO data about each 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.
15.2 For security reasons (e.g. to clarify abuse or fraud), log file information is stored for a maximum period of seven days and then deleted. Data, the further storage of which is necessary for evidence purposes, is excluded from deletion until the respective incident has been finally clarified.
16. online presences in social media
16.1. on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. we maintain DSGVO online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
16.2 Unless otherwise stated in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g. postings on our websites or send us messages.
17. Google Analytics
17.1. on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code), we hereby expressly distance ourselves from the material of all third party internet web sites and their contents. DSGVO) Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transferred to a Google server in the USA and stored there.
17.2. Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000001L5AAI&status=Active).
17.3. Google will use this information on our behalf in order to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles of the users can be created from the processed data.
17.4 We use Google Analytics only with IP anonymization enabled. This means that the IP address of the user is 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 transmitted to a Google server in the USA and shortened there.
17.5 The IP address transmitted by the user’s browser is not merged with other data from Google. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
18.6. Further information on the use of data by Google, setting and objection options can be found on the Google web pages: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google for your use of websites or apps of our partners”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information Google uses to display advertisements”).
18.7. We may also use the Google Tag Manager to integrate and manage the Google analytics and marketing services on our website.
19 Communication via mail, e-mail, fax or telephone
19.1 We use means of distance communication such as post, telephone or e-mail for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
19.2 Processing takes place on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in conjunction with legal requirements for advertising communications. Contact will only be established with the consent of the contact partners or within the scope of the legal permissions, and the processed data will be deleted as soon as they are not required and otherwise with objection/ revocation or omission of the authorization bases or legal archiving obligations.
20th Newsletter
20.1 With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.
20.2 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. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information on our products, offers, promotions and our company.
20.3 Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. This means that you will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the Versanddienstleister are logged.
20.4. Dispatch service provider: The newsletter is sent via “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
20.5. If we use a dispatch service provider, the dispatch service provider may, according to its own information, use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for the technical optimisation of dispatch and the presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
20.6. credentials: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name in the newsletter for the purpose of a personal address.
20.7. Performance measurement – The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file, which is retrieved from our server when the newsletter is opened or if we use a dispatch service provider. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used to technically improve the services on the basis of technical data or target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
20.8. The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
20.9. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to the measurement of success will expire. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. With the cancellation of the newsletter, the personal data are deleted, unless their storage is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may store the deleted e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
21. integration of services and content of third parties
21.1. within our online offer, we place an emphasis on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act). DSGVO) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. 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 contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online services, as well as may be linked to such information from other sources.
21.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities for objection (opt-out)
– If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the privacy notices of the respective third parties, which are available within the respective websites or transaction applications, apply.
– If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the privacy notices of the respective third parties, which are available within the respective websites or transaction applications, apply.
– Within our online offer, functions of the Instagram service are integrated. 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 contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to assign the visit to our pages to your user account. We would like to point out that as the provider of the pages, we do not have any knowledge of the content of the transmitted data or of its use by Instagram. Privacy statement: http://instagram.com/about/legal/privacy/.