Privacy Policy

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Privacy statement

1. Name and contact details of the data controller and of the company data protection officer

This information on data protection applies to data processing by: Data Controller: Alexander Frickel,

Schillerstr. 77, D-35428 Langgöns, Germany
Email alex@merchandfashion.de
Phone: +49 (0)6403-7893590

2. Collection and storage of personal data and the nature and purpose of their use

a) When visiting the websites*.merchandfashion.com, *.who-am-i-brand.com

When visiting our website

• www.merchandfashion.com
• airsports.merchandfashion.com
• einigederwenigen.merchandfashion.com
• demoshop.merchandfashion.com
• kayone.merchandfashion.com
• who-am-i-brand.com
• www.lune-shop.de

the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following data is collected and stored, without any action on your part, until automated deletion:

• IP address of the accessing computer,

• Date and time of access,

• Name and URL of the retrieved file,

• Website from which access is made (Referrer-URL),

• Browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The aforementioned data will be processed by us for the following purposes:

• To ensure a smooth connection to the website,

• To ensure a comfortable use of our website,

• To evaluate system safety and stability and

• For other administrative purposes.

The legal basis for data processing is Art. 6 (1) sentence1 letter f of the General Data Protection Regulation [GDPR]. Our legitimate interest results from the purposes listed above for the collection of data. Under no circumstances do we use the collected data for the purpose of drawing conclusions about your person. In addition, we use cookies and analytical services when you visit our website. Further detailed information you will find under Section 4 and 5 of this privacy statement.

b) When registering for our newsletter

Provided that you have given your explicit consent in accordance with Art. 6 (1) sentence 1 letter a GDPR, we will use your email address to send you our newsletter on a regular basis. In order to receive the newsletter, it is sufficient to provide an email address. You can unsubscribe at any time, for example via the link at the end of each newsletter. Alternatively, you can also send your unsubscription request by email to support@merchandfashion.de at any time.

c) When using our contact form

If you have any questions, we offer you the possibility to contact us via a form provided on the website. A valid email address must be provided so that we know who has sent the request and are able to answer it. Further information may be provided on a voluntary basis. Data processing for the purpose of contacting us is subject to Art. 6 (1) sentence 1 letter a GDPR and based on your voluntarily given consent. The personal data collected by us for the use of the contact form will be automatically deleted after the completion of your request.

3. Data transfer

Your personal data will not be transferred to third parties for purposes other than the following listed below. We will only pass on your personal data to third parties, if you have given your explicit consent according to Art. 6 (1) sentence1 letter a GDPR, the disclosure according to Art. 6 (1) sentence 1 letter f GDPR is necessary to assert, exercise or defend legal claims and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your data, disclosure according to Art. 6 (1) sentence 1 letter c GDPR is subject to comply with a legal obligation, as well as it is legally permissible and necessary according to Art. 6 (1) sentence 1 letter b GDPR to execute contractual relationships with you.

4. Cookies

We use cookies on our website. These are small files that are automatically created by your browser and stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause any damage to your device and do not contain viruses, Trojans or other malware. Cookies contain information in connection with the specific device being used. However, this does not mean that we will immediately become aware of your identity. On the one hand, we use cookies so as to make use of our online services more convenient for you. For this reason, we use session cookies to determine that you have already visited individual pages on our website. These are automatically deleted after leaving our site. On the other hand, we also use temporary cookies that are stored on your device for a specified period of time in order to optimize user-friendliness. If you visit our website again in order to use our services, it is automatically detected that you have already visited our website before and information entered as well as settings you have made are identified so that you do not have to enter those again.
Furthermore, we use cookies to record the use of our website statistically and to evaluate the potential of optimizing our services for you (see Section 5). These cookies enable us to detect automatically that you have already visited our website when visiting it again. The cookies are automatically deleted after a defined period of time. The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests and those of third parties pursuant to Art. 6 (1) sentence 1 letter f GDPR. Most browsers automatically accept cookies. However, you may configure your browser to avoid storage of cookies on your computer or to enable that a message appears always before a new cookie will be accepted. The complete deactivation of cookies may, however, result in you not being able to use all the functions of our website.

5. Analytical Tools

a) Tracking Tools

The tracking tools listed below and used by us are carried out on the basis of Art. 6 (1) sentence 1 letter f GDPR. By implementing these tracking tools, we want to ensure that our website is designed in line with requirements of the customers and it is continuously optimized. On the other hand, we use these tracking tools in order to track data of the use of our website and to evaluate it for the purpose of optimizing our services to you. These interests are to be considered as legitimated within the meaning of the aforementioned provision. The respective data processing purposes and data categories can be taken from the corresponding tracking tools.

i) Google Analytics¹

We use Google Analytics, a web analytics service provided by Google Inc. (https://about.google/intl/en/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”), for the purpose of tailoring our websites to meet your needs and continually optimizing them. In this context, pseudonymized user profiles are created and cookies (see Section 4) are used. The information about your use of the website that is generated by the cookie such as

• Type/version of browser,

• Operating system in use,

• Referrer URL (previously visited webpage on the Internet),

• Hostname of the accessing computer (IP address),

• Time of the request to the server,

is transferred to one of Google's servers in the USA, where it is stored. This information is used to evaluate the use of the website, to compile reports on website activities and to provide other services related to website and Internet use for market research purposes and to tailor these websites to meet the customers‘ requirements. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will your IP address be linked to other data retrieved by Google. The IP addresses are anonymized so that an assignment is not possible (IP masking). You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that by doing so you may not be able to use the full functionality of this website. You may also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https:// tools.google.com/dipage/gaoptout?hl=de). As an alternative to the browser add-on, especially for browsers on mobile devices, you may also prevent Google Analytics from capturing data by clicking this link. An opt-out cookie is set to prevent your information from being collected in the future when you visit this site. The opt-out cookie applies only to this browser and only to our website and is placed on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again. Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=en).

ii) Google Ads conversion tracking

We also use Google Ads conversion tracking to keep statistical record of the use of our website and to evaluate it for the purpose of optimizing our website for you. Google Ads sets a cookie (see Section 4) on your computer in case you have reached our website via a Google ad. These cookies lose their validity after 30 days and will not be used to personally identify the user. If the user visits certain pages on the Google Ads customer's website and the cookie has not expired, Google and the Google Ads customer will be able to tell that the user clicked the ad and proceeded to that page.

1 Data protection authorities require an agreement on order data processing for the permitted use of Google Analytics. A corresponding template is offered by Google on https://www.google.com/analytics/terms/us.html.

Each Google Ads customer receives a different cookie. For this reason, cookies cannot be tracked via the websites of Ads customers. The information collected using the conversion cookie is used to generate conversion statistics for Google Ads customers who have decided to use conversion tracking. Google Ads customers find out the total number of users who clicked on their ad and were forwarded to a conversion tracking tag page. However, they will not receive any information that personally identifies users. In case you do not wish to participate in the tracking process, you may also refuse to set a cookie as required for this - for example, in your browser settings by disabling the automatic use of cookies. You may also deactivate cookies for conversion tracking by setting your browser to block cookies from the “www.googleadservices.com” domain. Google's Privacy Policy for conversion tracking can be found here (https://services.google.com/sitestats/en.html).

iii) Facebook-Pixel data protection declaration

We use the Facebook pixel from Facebook on our website. We have implemented a code for this on our website (with Opt-In). The Facebook pixel is an excerpt from JavaScript code that loads a collection of functions with which Facebook can track your user actions, provided that you came to our website via Facebook ads. For example, if you purchase a product on our website, the Facebook pixel is triggered and saves your actions on our website in one or more cookies. These cookies enable Facebook to compare your user data (customer data such as IP address, user ID) with the data of your Facebook account. Then Facebook deletes this data again. The data collected is anonymous and cannot be viewed by us and can only be used in the context of advertising. If you are a Facebook user yourself and are logged in, your visit to our website is automatically assigned to your Facebook user account.

We want to show our services and products only to those people who are really interested in them. With the help of Facebook pixels, our advertising measures can be better tailored to your wishes and interests. In this way, Facebook users (if they have allowed personalized advertising) see appropriate advertising. Furthermore, Facebook uses the collected data for analysis purposes and its own advertisements.

In the following we show you the cookies that were set on a test page by integrating Facebook pixels. Please note that these are only sample cookies. Different cookies are set depending on the interaction on our website.

Name: _fbp
Value: fb.1.1568287647279.257405483-6331606612029-7
Purpose: This cookie is used by Facebook to display advertising products.
Expiry date: after 3 months

Name: fr
Value: 0aPf312HOS5Pboo2r..Bdeiuf… 1.0.Bdeiuf.
Purpose: This cookie is used so that Facebook pixels also work properly.
Expiry date: after 3 months

Note: The cookies mentioned above relate to individual user behavior. Changes to Facebook can never be ruled out, especially when using cookies.

If you are logged in to Facebook, you can change your settings for advertisements yourself at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. If you are not a Facebook user, you can basically manage your usage-based online advertising at http://www.youronlinechoices.com/de/praferenzmanagement/. There you have the option of deactivating or activating providers.

If you want to find out more about Facebook's data protection, we recommend the company's own data guidelines at https://www.facebook.com/policy.php.

Source: Created with the data protection generator from AdSimple in cooperation with bauenwir.de

6. Social Media Plug-ins

We use social plug-ins from the social networks Facebook, Twitter and Instagram on our website on the basis of Article 6 (1) sentence 1 letter f GDPR in order to raise awareness surrounding our shops. The underlying advertising purpose is to be regarded as a legitimate interest within the meaning of the GDPR. The responsibility for the data protection-compliant operation is to be guaranteed by their respective providers. The integration of these plug-ins by us takes place using the two-click method in order to protect visitors to our website in the best possible way.

a) Facebook

Social media plug-ins from Facebook are used on our website to make its use more personal. To this end, we use the “LIKE” or “SHARE” buttons, which are offered by Facebook. If you call up a page on our website that contains such a plug-in, your browser establishes a direct connection with the Facebook servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the website by it. By integrating the plug-ins, Facebook receives the information that your browser has accessed the corresponding page on our website, even if you do not have a Facebook account or are not logged into Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plug-ins, for example by pressing the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends. Facebook may use this information for the purpose of advertising, market research and tailoring Facebook pages to meet your needs. Facebook creates usage, interest and relationship profiles for this purpose, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook. If you do not want Facebook to associate the information collected through our website with your Facebook account, you must log out of Facebook before visiting our website. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and settings options to protect your privacy can be found in Facebook's data protection information (https://www.facebook.com/about/privacy/).

b) Twitter

Our website has plug-ins from Twitter Inc. (Twitter) integrated into the site. You can recognize the Twitter plug-ins (tweet button) by the Twitter logo on our site. You can find an overview of the tweet buttons here (https://about.twitter.com/resources/buttons). When you access a page on our website that contains such a plug-in, a direct connection is established between your browser and the Twitter server. Twitter receives the information that you have visited our site with your IP address. If you click the Twitter “tweet” button whilst logged into your Twitter account, you can link the content of our pages to your Twitter profile. Consequently, Twitter can assign the visit to our site to your user account. We would like to point out that, as the provider of these pages, we do not have any knowledge of the content of the transferred data or how this is used by Twitter. If you do not want Twitter to be able to assign visits to our pages, please log out of your Twitter user account. You can find more information on this in Twitter’s privacy policy (https://twitter.com/privacy).

c) Instagram

Our website also uses social plug-ins (“plug-ins”) from Instagram, operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). The plug-ins are marked with an Instagram logo, for example in the form of an “Instagram camera”. If you visit a page on our website that contains such a plug-in, your browser establishes a direct connection to Instagram's servers. The content of the plug-in is transmitted by Instagram directly to your browser and integrated into the page. This integration tells Instagram that your browser has accessed the appropriate page on our site, even if you do not have an Instagram profile or are not logged into Instagram. This information (including your IP address) is transferred directly from your browser to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can directly associate your visit to our website with your Instagram account. If you interact with the plug-ins, for example by pressing the “Instagram” button, this information is also transmitted directly to a server of Instagram and stored there. The information is also published to your Instagram account and displayed to your contacts. If you do not want Instagram to associate the data collected through our website directly with your Instagram account, you must log out of Instagram before visiting our website. You can find further information on this in Instagram’s privacy statement (https://help.instagram.com/155833707900388).

e) AddToAny Share

Our website offers the possibility to share content in social services via the AddToAny service. Data is only collected when these services are accessed by you. Since you may only use these services if you have a user account with this service and have to log in with your access data, we are no longer responsible from this point on, because the creation of user accounts, i.e. the membership of social services, requires your consent to the respective data protection regulations. According to its Privacy Policy, the AddToAny service does not store any personal data. mixed also does not receive any data from AddToAny or data that stems from the use of Share buttons. AddToAny has made available a facility to opt-out from a large number of advertising networks. You can exercise your right to opt-out directly using this link (http://optout.networkadvertising.org/?c=1#! ).

7. Data subject rights

You have the right:

• to request information about your personal data processed by us in accordance with Article 15 GDPR. In particular, you may request information on the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data, unless it has been collected from us, as well as the existence of an automated decision-making process including profiling and, if applicable, meaningful information on its details;

• in accordance with Article 16 GDPR to immediately request the correction of incorrect or incomplete personal data stored by us;

• to demand the erasure of your personal data stored by us in accordance with Article 17 GDPR, unless processing is necessary for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims;

• to demand the restriction of the processing of your personal data in accordance with Article 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful but you refuse the erasure thereof and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Article 21 GDPR;

• in accordance with Article 20 GDPR, to receive your personal data which you have provided to us in a structured, common and machine-readable format or to request transmission to another data controller;

• in accordance with Article 7 (3) GDPR to revoke your consent once given to us at any time. The consequence of this is that we may no longer continue the data processing based on this consent for the future, and

• to complain to a supervisory authority pursuant to Article 77 GDPR. As a rule, you can contact the supervisory authority at your usual place of residence or place of work or our office.

8. Right to object

If your personal data is processed on the basis of legitimate interests pursuant to Article 6 (1) sentence 1 letter f GDPR, you have the right, pursuant to Article 21 GDPR, to object to the processing of your personal data if there are reasons for doing so which arise from your particular situation or if the objection is directed against direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without designating a particular situation. Should you wish to exercise your right to object or revoke, a simple email will suffice to datenschutz@merchandfashion.de

9. Data security

On our website, we employ the widely used SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. As a rule, this is a 256-bit encryption. You can tell whether an individual page of our website is transmitted in encrypted form by the closed key or lock symbol in the lower status bar of your browser. We also generally use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are improved on an ongoing basis in line with technological developments.

10. Validity of and amendments to this privacy statement

This privacy statement is currently valid and was last updated as of May 2018. Due to the further development of our website and offers via this or due to changed legal or statutory requirements, it may be necessary to amend this privacy statement. You can retrieve and print the most up-to-date version of the privacy statement at any time via our website at https://www.merchandfashion.com/datenschutz. [https://www.merchandfashion.com/privacypolicy]