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Privacy policy

Privacy policy

1. Data protection at a glance

General information

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on data protection, please refer to our privacy policy listed below this text.

Data collection on this website

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Who is responsible for the collection of data on this website?

Data processing on this website is carried out by the website operator. You can find the contact details of the website operator in the section "Notice about the data controller" in this privacy policy.

How do we collect your data?

Your data is collected firstly by you providing it to us. This can be, for example, data that you enter in a contact form.

Other data is collected by us.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without error. Other data may be used to analyse your user behaviour.

What rights do you have with regard to your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this and other questions on the subject of data protection.

Analysis tools and third-party tools

When you visit this website, your surfing behaviour may be statistically analysed. This is done primarily with so-called analysis programs.

Detailed information on these analysis programmes can be found in the following data protection declaration.

2. Hosting and Content Delivery Networks (CDN)

Shopify

We host our website with Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify").

Shopify a tool for creating and hosting websites. When you visit our website, Shopify collects your IP address and information about the device and browser you are using. Shopify also analyses visitor numbers, visitor sources, customer behaviour and compiles user statistics. When you make a purchase on our website, Shopify also collects your name, email address, shipping and billing addresses, payment information and other data related to the purchase (e.g. phone number, amount of sales made, etc.). For the analyses, Shopify stores cookies in your browser.

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For details, please see Shopify's privacy policy: https://www.shopify.de/legal/datenschutz.

The use of Shopify is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in ensuring that our website is presented as reliably as possible. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

Conclusion of a contract on commissioned processing

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We have concluded an order processing contract with Shopify. This is a contract required by data protection law, which ensures that Shopify only processes the personal data of our website visitors in accordance with our instructions and in compliance with the DSGVO.

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3. General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as this data protection declaration.

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When you use this website, various personal data are collected. Personal data is data by which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps.

Note on the responsible body

The responsible party for data processing on this website is:

es ce fashion GmbH
Rosengasse 1
82237 Wörthsee
Germany

Phone: +49 (0)89 - 34 74 17
E-mail: service@cashmere-fashion.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses or similar).

Storage period

Unless a more specific retention period has been mentioned within this privacy policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a legitimate request for deletion or revoke consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place after these reasons cease to apply.

Note on data transfer to the USA and other third countries

Our website includes tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We do not have any influence on these processing activities.

Revoking your consent to data processing

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Many data processing operations are only possible with your explicit consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation

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Right of objection to data collection in specific cases and to direct marketing (Art. 21 DSGVO)

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WHEN DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ART. 21 ABS. 1 DSGVO).

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If YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT ADVERTISING. IF YOU DISAGREE, YOUR PERSONAL DATA WILL FOLLOWALLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT ADVERTISING (objection under Article 21(2) of the GDPR).

Right of appeal to the competent supervisory authority

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In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to any other administrative or judicial remedy.

Right to data portability

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You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

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SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

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If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted payment transactions on this website

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If, after the conclusion of a contract with costs, there is an obligation to transmit your payment data to us (e.g. account number in the case of direct debit authorisation), this data is required for the processing of payments.

The payment transactions via the common means of payment (Visa/MasterCard, direct debit) are carried out exclusively via an encrypted SSL or TLS connection. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If an encrypted connection is used, the payment transaction is processed exclusively via an encrypted SSL or TLS connection.

With encrypted communication, your payment data that you transmit to us cannot be read by third parties.

Information, deletion and correction

You have the right, within the framework of the applicable legal provisions, to obtain information free of charge at any time about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to have this data corrected or deleted. You can contact us at any time about this and other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
  • If the processing of your personal data happened/is happening unlawfully, you may request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of the erasure.
  • If you have lodged an objection under Article 21(1) of the GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or on grounds of an important public interest of the European Union or of a Member State.

Objection to promotional emails

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The use of contact data published within the framework of the imprint obligation to send advertising and information material that has not been expressly requested is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails

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4. Data collection on this website

Cookies

Our internet pages use so-called "cookies". Cookies are small text files and do no harm to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third party company (e.g. cookies for processing payment services).

Cookies enable us or you to use certain services of the third party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behaviour or to display advertising.

Cookies, which are used to save data, are not stored on your computer.

Cookies that are necessary to carry out the electronic communication process (necessary cookies) or to provide certain functions that you have requested (functional cookies, e.g. for the shopping cart function) or to optimise the website (e.g. cookies to measure the web audience) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies has been requested, the storage of the cookies in question is based exclusively on this consent (Art. 6 para. 1 lit. a DSGVO); consent can be revoked at any time.

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You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

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If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this data protection declaration and, if necessary, request your consent.

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Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all personal data resulting from it (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, insofar as your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO) if this has been requested.

The data you send to us via contact requests remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

Use of chatbots

We use chatbots to communicate with you. Chatbots are able to respond to your questions and other input without human assistance. To do this, the chatbots analyse other data in addition to your input in order to provide suitable answers (e.g. names, email addresses and other contact details, customer numbers and other identifiers, orders and chat histories). Furthermore, the chatbot may collect your IP address, log files, location information and other metadata. This data is stored on the chatbot provider's servers.

User profiles can be created based on the data collected. In addition, the data can be used to play out interest-based advertising, provided that the other legal requirements (in particular consent) for this are met. For this purpose, the chatbots can be linked to analysis and advertising tools.

The collected data can be used to create user profiles.

The data collected may also be used to improve our chatbots and their response behaviour (machine learning).

The data you enter as part of the communication will remain with us or the chatbot operator until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your enquiry). Mandatory legal provisions - in particular retention periods - remain unaffected.

The legal basis for the use of chatbots is Art. 6 para. 1 lit. b DSGVO, insofar as the chatbot is used to initiate a contract or as part of the performance of a contract. If a corresponding consent has been requested, the processing is based exclusively on Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time. In all other cases, the use is based on our legitimate interest in the most effective customer communication possible (Art. 6 para. 1 lit. f DSGVO).

5. Analysis tools and advertising

Facebook Pixel

This website uses Facebook's visitor action pixel to measure conversions. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.

This allows the behaviour of page visitors to be tracked after they have been redirected to the provider's website by clicking on a Facebook ad. This allows the effectiveness of the Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimised.

The collected data can be used to track the behaviour of site visitors after they have been redirected to the provider's website by clicking on a Facebook ad.

The data collected is anonymous for us as the operator of this website, we cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, in accordance with the Facebook data usage policy. This may allow Facebook to serve ads on Facebook pages as well as outside of Facebook. This use of data cannot be influenced by us as page operators.

The use of Facebook Pixel is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in effective advertising measures including social media. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

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Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

In so far as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the forwarding is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing privacy information when using the Facebook tool and for implementing the tool on our website in a way that is secure from a data protection perspective. Facebook is responsible for the data security of the Facebook products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

In Facebook's privacy notices you can find further information on how to protect your privacy: https://de-de.facebook.com/about/privacy/.

You can also disable the Custom Audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you need to be logged into Facebook.

If you do not have a Facebook account, you can disable usage-based advertising from Facebook on the European Interactive Digital Advertising Alliance website: http://www.youronlinechoices.com/de/praferenzmanagement/.

6 Newsletter

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Newsletter details

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If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

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The data you provide us with for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to exist. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO.

After you have unsubscribed from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist, if necessary, in order to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

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7. eCommerce and payment providers

Processing of data (customer and contract data)

We collect, process and use personal data only insofar as they are necessary for the establishment, content or amendment of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. We collect, process and use personal data about the use of this website (usage data) only insofar as this is necessary to enable the user to use the service or to bill him.

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The collected customer data will be deleted after completion of the order or termination of the business relationship. Statutory retention periods shall remain unaffected.

Data transfer on conclusion of contract for online shops, dealers and dispatch of goods

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We only transmit personal data to third parties if this is necessary within the framework of the contract processing, for example to the companies entrusted with the delivery of the goods or to the credit institution entrusted with the payment processing. Further transmission of data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, e.g. for advertising purposes.

The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

Payment services

We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment data (e.g. name, payment amount, account details, credit card number) are processed by the payment service provider for the purpose of processing the payment. The respective contractual and data protection provisions of the respective providers apply to these transactions. The payment service providers are used on the basis of Art. 6 para. 1 lit. b DSGVO (contract processing) as well as in the interest of a smooth, convenient and secure payment process (Art. 6 para. 1 lit. f DSGVO). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a DSGVO is the legal basis for data processing; consents can be revoked at any time for the future.

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We use the following payment services / payment service providers within the scope of this website:

PayPal

Provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal").

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.

For details, see PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Apple Pay

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Provider of the payment service is Apple Inc, Infinite Loop, Cupertino, CA 95014, USA. Apple's privacy policy can be found at: https://www.apple.com/legal/privacy/de-ww/.

Google Pay

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Provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google's privacy policy can be found here: https://policies.google.com/privacy.

Klarna

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The provider is Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Klarna offers various payment options (e.g. hire purchase). If you choose to pay with Klarna (Klarna checkout solution), Klarna will collect various personal data from you. Klarna uses cookies to optimise the use of the Klarna checkout solution. For details on the use of Klarna cookies, please see the following link: https://cdn.klarna.com/1.0/shared/content/policy/cookie/de_de/checkout.pdf.

You can read details about this in Klarna's privacy policy at the following link: https://www.klarna.com/de/datenschutz/.

Trusted Shops customer reviews

. You have the possibility to rate your order in our online shop at the provider Trusted Shops. For this purpose, you may have given us the following consent:

"Yes, I would like to rate my purchase later and be reminded by Trusted Shops after seven days once by e-mail to submit a rating. This consent can be revoked at any time." Provided you have given us this consent, we will transmit your email address via the Trusted Shops customer rating system to Trusted Shops GmbH, Subbelrather Str. 15c, 50823 Cologne, Germany, so that they can send you an email after 7 days to remind you to submit a rating. The legal basis for the transmission is Art. 6 para. 1 a) DSGVO. This consent can be revoked at any time with effect for the future to the contact details provided above.
Further information can be found on the Trusted Shops website at http://www.trustedshops.de/k