DATA PRIVACY STATEMENT
as of June 13, 2014
1.1 This data privacy statement is valid for the online shop:
In accordance to § 3 Abs. 7 Bundesdatenschutzgesetz (BDSG) the responsible owner of this online shop is the company:
CHAPS Merchandising GmbH
Phone +049(2234)99907 0
Fax: +49(2234)99077 10
This privacy statement is available in the currently valid version in our online shop at any time.
1.2 We take the protection of your personal data and the corresponding provisions of law seriously. This statement is about your information regarding our collection, processing, use and transmission (“data processing”) of data related to you while you are visiting our online shop at and in respect of how we ensure the protection of your data while you are using the online shop. If you have any questions not answered by this data privacy statement please contact us. Contact details are given in the imprint.
1.3 As a user of our online shop you should be aware of links guiding you to other websites operated by third parties independent of us. Ordinarily those links are highlighted by us to provide an indication to you but then they can be identified assuredly by a change to the address bar of your browser. We are not responsible for compliance with data protection law and a safe handling of your personal data at those websites.
2. Personal data
2.1 Personal data is information allowing the identification of a natural person e.g. name, date of birth, postal address and e-mail address. In general you can make use of our online shop, such as the research of products or prices, without the partial or full disclosure of your identity to us or any other third party.
2.2 The disclosure of your identity is required only if you wish to contact us or to place an order in our online shop. Without the disclosure of your identity there is no possibility for us to perform your order or to respond to your request. It’s up to you to disclose your personal data to us by contacting us or placing an order in the online shop or to keep them private.
3. Automatic data processing during the use of the online shop
The online shop is provided by a specialized computer (server) that collects and stores information in a log file every time the online shop is requested. This information is: browser type and version (user agent), used operating system, previous visited website (referrer URL), address of the computer requesting the online shop (IP address) and time stamp. It is transmitted by your browser unless you configure your browser to throttle the transmission. Data stored in the log files cannot be used by us to specify a user. There is no conjunction of these data with any other data coming from any other source.
4.1 Our online shop uses “cookies”. Cookies are small text files which are stored on your computer by using your browser. They simplify your use of the online shop.
4.2 One of the cookies used by us is valid for the duration of your visit solely (“session cookie”) and will be deleted by your browser automatically when you leave the online shop. Beside this we use a cookie that remains on your computer beyond your individual visit. It saves the session identification number even if you didn’t disclose your identity to allow you having your virtual shopping bag as of your last visit. If you already disclosed your identity to us, your log-in information is saved additionally, even longer than the duration of your visit to our homepage, to simplify your access.
4.3 Apart from the cookies described in subs. 4.2 we use further cookies in the context of online advertising campaigns which solely serve statistical records e.g. number of visitors, number of visited subparts of the online shop and referrer URLs, without using personal data derived from these cookies won’t be associated with any personal data. In this context cookies by IntelliAd Media GmbH, Sendlinger Straße 7, 80331 Munich, Germany, are used to determine the usage frequency of websites related to an advertising campaign and to improve our online shop to make its use more comfortable, efficient and interesting for you.
5 . Appropriation of personal data
5.1 Your personal data is processed by us only for the purposes of your enquiry or order including the necessary operations if you execute your right of revocation or in case of a particular subsequent satisfaction (see § 439 BGB (German Civil Code)) or any others claim for defects of the goods. This also applies to your e-mail address which is used by us, subject to further consent provided by you (see subs. 7), only for personal communication with you regarding your enquiry or order e.g. our acknowledgement of order confirmation (“Bestellbestätigung”) in accordance with our legal obligation towards consumers by § 312e section 1 clause 1 no. 3 BGB (German Civil Code).
5.2 Before you place an order in our online shop for the first time you’ve got the opportunity to create a client’s account that can be used by you for every order thereafter. During the creation of a client’s account you will be asked for your personal data, e.g. your name, your postal address, your e-mail address and your phone number. This data is stored to your account on a long-term basis in accordance to the purposes illustrated by this data privacy statement. Without your explicit and preceding consent we won’t process your personal data for other purposes. Payment related data that is required for certain payment methods, except credit card data, will also be stored in your account.
5.3 Personal data is also stored by us on a long-term basis to ensure the observation of the mandatory data retention periods as prescribed by German law, esp. tax law purposes. Once the data has been processed for the purpose for which they were initially transferred to or collected by us, that data is immediately locked before being automatically deleted on the completion of the mandatory data retention period specified by law.
6. Passing on personal data to third parties
6.1 We do not forward your personal data to third parties, except the transfer of personal data to our service providers engaged by us to perform your order, esp. regarding to the delivery of goods. First and foremost these service providers are carriers like DPD and DHL and banks as well as other payment service providers like Postbank, PayPal or Ogone. In case of customable deliveries we are obliged to transmit personal data to customs authorities.
6.2 If the transmission of personal data to a third party is conducted, it is only carried out in strict adherence to all valid legal provisions. The scope of the transferred data is limited to the minimum required for the fulfillment of the purposes for which the data must be transferred.
7. Use of personal data for promotional purposes
7.1 For the promotional purposes of our online shop we may offer you the opportunity to consent to the use of personal data entered by you. You consent by clicking on a corresponding check box situated either within a contact form or within the order process or within the client’s account administration area in the online shop and by entering and transferring your personal data to us thereafter.
7.2 Your consent applies only to the exhaustively companies listed in your declaration of consent and for the exhaustively listed companies detailed in the same declaration. Furthermore, your consent applies only to the modes of communication (e.g. e-mail or telephone) specified in your declaration of consent. The conclusion of any contract with us is not depending on your consent in terms of subs. 7.1.
7.3 You retain the right to revoke your consent to the use of your personal data for promotional purposes at any time. To do so please inform us. The full text of your declaration of consent may also be requested at any time. Likewise you may dissent at any time to the future use of your personal data for promotional purposes by us irrespective of whether you consented previously or not.
7.4 Even without your consent we are entitled to use your e-mail address for promotional purposes if we received your e-mail address in the context of an order via the online shop, the promotion or advertisement is restricted to goods or services similar to your former order, you have not dissented to the use of your e-mail address for promotional purposes meanwhile and we have clearly indicated to you (a) your right to dissent at any time to any future use of your e-mail address for promotional purposes and (b) the possibility to dissent free of charge via e-mail, subject to your usual costs for outgoing emails upon initial collection of your e-mail address and further on every time we send advertisements.
8. Social plug-ins
8.1 We use so called “social plug-ins“, html-plug-ins (extensions for websites) for websites provided by the operators of social networks; in our case provided by Facebook
8.2.1 Our online shop contains plug-ins by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). They are not operated by us but exclusively by Facebook and recognizable by the logos of Facebook; a list of those logos can be found under http://developers.facebook.com/plugins.
8.2.2 While visiting the online-shop containing Facebook’s plug-ins your browser creates a direct connection to Facebook’s servers. According to information given by Facebook, at least the information of your visit to our online shop is transferred to Facebook including your browser’s type and version (user agent), information about your operating system, the address of your computer (IP address) and a time stamp, where it should be deleted after 90 days. If you are logged on to your personal Facebook account while visiting our online shop, Facebook is able to attribute this visit to your account. If you hit one of Facebook’s plug-ins or make use of the functions provided by them within our online-shop (e.g. comment) this information will be transferred to Facebook additionally. To avoid this you have to log out from your personal Facebook account before visiting our online shop. Additionally you can throttle the functions of Facebook’s plug-ins within our online shop by using a plug-in for your browser.
9. Identity check and credit assessment when selecting BillPay GmbH payment
9.1 If you opt for the payment method of purchase on account or direct debit by the Billpay GmbH (https://www.billpay.de/endkunden/) as a partner of the operator, for completion of the payment as well as identity and credit check you will be asked during the order process to consent to the transmission of the data required for the identity check and credit assessment to Billpay GmbH. In case you have given your consent, your data (first and last name, street, house number, zip code, city, date of birth, telephone number and in case of direct debit the stated account number) as well as data related to your order will be transmitted to the Billpay GmbH.
9.2 For the purpose of the own identity check and credit assessment Billpay GmbH or assigned partner companies transmit data to credit reporting agencies (Auskunfteien) and receives information and, if appropriate, credit rating information based on mathematical and statistical methods. Detailed information on this and the cooperating credit information services are found in the privacy statement of Billpay GmbH (https://www.billpay.de/allgemein/datenschutz/).
9.3 To detect and prevent fraud, the Billpay GmbH uses, if appropriate, third party tools. Data obtained using these tools may be stored encrypted by a third party, so that they are only readable by Billpay GmbH. Only in case you selected a payment method of the Billpay GmbH, this data will be used. Otherwise this data will automatically expire after 30 minutes.
10 . Your right to obtain information and the deletion of personal data
In accordance with the relevant legal provisions we make information available to you at all times, free of charge and without delay, on personal data processed by us. If required this information can also be issued electronically. Likewise we will correct, lock or delete personal data referring to you if you requested us to do so and the preconditions for that made by law are fulfilled. Therefore please contact us..
11. Changes to this data privacy statement
We retain the right to modify this data privacy statement to comply with future changes to German and European data protection law as well as other constraining circumstances. Therefore please take note of the current version every time you make use of our online shop.