Privacy policy

 

 

The body responsible for data processing is Jessica Fashion eK Peter Kosch, Trójca 110a, 59-900 Zgorzelec Polen.  You can find further details on the responsible body in the legal notice.

Privacy policy

and information about any consent you may have given

As the data controller within the meaning of applicable data protection laws and regulations we hereby provide you with information about the processing of your personal data.

I. Definition of personal data and other important terms

Personal data, in simple terms, is all information that relates to you personally as the data subject. For definitions of the term "personal data" and other important terms used in the applicable data protection laws and regulations, please refer to Article 4 of the GDPR (General Data Protection Regulation).

II. Name and contact details of the controller; contact details of the data protection officer

A controller, in simple terms, is a natural or legal person or entity that, alone or jointly with others, determines the purposes and means of processing the personal data. The name and contact details of the controller (and provided a data protection officer has been appointed, the contact details of the data protection officer) can be found in our provider identification /imprint.

III. Purposes of processing your personal data; legal basis for processing

We process your personal data as part of our activities and for the following purposes, in accordance with the legal bases specified.

1. To fulfil pre-contractual measures arising from an inquiry made by you, the processing of your personal data will be done on the basis of your consent in accordance with Article 6 (1) point (a) of the GDPR or on the basis of Article 6 (1) point (b) of the GDPR.

2. Where the processing is necessary for purposes of safeguarding our legitimate interests in responding to requests and taking any other action that may be needed based on your request, your personal data will be processed on the basis of your consent in accordance with Article 6 (1) point (a) of the GDPR or on the basis of Article 6 (1) point (f) of the GDPR.

3. Where the processing is necessary for the fulfilment of a contract to which you are party, your personal data will be processed on the basis of your consent in accordance with Article 6 (1) point (a) of the GDPR or on the basis of Article 6 (1) (b) of the GDPR.

4. Where the processing is necessary to carry out measures for advertising purposes, your personal data will be processed on the basis of your consent in accordance with Article 6 (1) (a) of the GDPR or on the basis of Article 6 (1) (f) of the GDPR.

5. Where the processing is necessary for purposes of safeguarding our legitimate interests in preserving the proper functioning of our website, the provision of user-friendly functions and in the analysis of the usage of our website, your personal data will be processed in accordance with Article 6 (1) point (f) of the GDPR.

6. Where the processing is necessary for purposes of safeguarding our legitimate interests in the enforcement of our rights and the defence of claims made against us, your personal data will be processed in accordance with Article 6 (1) point (f) of the GDPR.

Our systems are secured through technical and organisational measures in accordance with the state of the art technology, so as to protect your personal data against unauthorised access, alteration or disclosure, as well as to guard against its loss and destruction.

For information on the processing of your personal data for each processing purpose, please refer to the relevant sections of this privacy policy.

IV. Transfer of your personal data to third parties; categories of recipients of your personal data

Where this is necessary to achieve the purpose of processing your personal data, we shall transfer your personal data to third parties to the extent permitted or required by law. For more detailed information on the transmission of your personal data to third parties for the specific processing purposes, please refer to the relevant sections of this privacy policy. Where your personal data is transmitted to third parties, the amount of data transmitted is limited to the necessary minimum.

V. Scope of processing of your personal data for each specific purpose

In the following sections, we shall provide you with detailed information about the processing of your personal data for the various processing purposes.

Your personal data will be erased if it is no longer necessary in relation to the purposes for which the data was collected, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy.

1. Use of our website for information purposes

If you visit our websites without providing us with information, we will only process your personal data that your browser transmits to our server. This includes the following types of data, which are technically necessary for us to display our online content to you and to ensure the stability and safety of our website:

  • The page visited by you
  • Date and time of access
  • Amount of data transferred
  • Source or link used to access the page
  • Information about your browser
  • Information about your operating system
  • Your IP address

The legal basis for the processing of your personal data, which is necessary for purposes of safeguarding our legitimate interests in preserving the proper functioning of our website, is Article 6 (1) point (f) of the GDPR.

Your personal data will be erased after 6 months, unless the data is needed for purposes of asserting, exercising or defending legal claims based on measures preventing the proper functioning of our website. In this case, the data will be erased promptly once the relevant proceedings have been completed.

2. Processing of queries

If you contact us with a query or request we will process the personal data and information/documents you provide in this context. Irrespective of the way in which you submit your query or request to us, this information may include:

  • Date and time of contact
  • Your names
  • Contact details
  • Data relating to the query/ request
  • Transmitted information / documents

The processing of your personal data and the information/ documents provided will be based on your consent given in accordance with Article 6 (1) point (a) of the GDPR - depending on the content of your query or request - for purposes of replying to your query or request or on the basis of Article 6 (1) point (b) of the GDPR, for purposes of fulfilling pre-contractual measures, or Article 6 (1) point (b) of the GDPR for purposes of fulfilling a contract to which you are party, or Article 6 (1) point (f) of the GDPR, where the processing is necessary for purposes of safeguarding our legitimate interest in responding to queries/requests and in carrying out other measures in connection with the processing of these queries/requests.

Where we provide a contact form and you use the contact form to contact us by sending your message, you agree to give us your consent as in the text below, which you will be informed about separately in the contact form:

"I hereby give my consent to the processing of my email address and other personal data provided for the purpose of responding to my message. I can withdraw this consent at any time and without stating any reasons with effect for the future. The withdrawal of consent does not affect the legality of processing done before the withdrawal."

You can withdraw your consent at any time and without stating reasons with effect for the future. All you need to do is send a message to the data controller, whose contact details can be found under controller's contact details. The withdrawal of consent does not affect the lawfulness of processing done before the withdrawal.

Where this is necessary to process your query/request, we will transfer your personal data to third parties to the extent permitted or required by law. Where your personal data is transmitted to third parties, the amount of data transmitted is limited to the necessary minimum.

Your personal data will be erased once your query/request has been processed, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy.

3. Fulfilment of contracts

If you provide us with personal data for the purpose of concluding a contract or in connection with the creation of a customer account, we will process the data you have provided for the fulfilment of the contract. These include your customer data (e.g. your name and address) and the contract data (e.g. information on the contractual products as well as payment and delivery information).

The legal basis for the processing of your personal data for purposes of fulfilling a contract to which you are party is Article 6 (1) point (b) of the GDPR.

Where this is necessary for the fulfilment of a contract with you, we shall transfer your personal data to third parties to the extent permitted or required by law. This data will be transferred to providers who are involved in the fulfilment of the contract. These are providers of the processing tools we use. This also covers companies responsible for transportation and the payment service providers entrusted with making payments.

If you use the payment service provider PayPal to process your payment transactions, we would like to make it expressly clear that PayPal's privacy policy shall apply for all PayPal transactions: https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE

Where your personal data is transmitted to third parties, the amount of data transmitted is limited to the necessary minimum.

Your personal data will be erased at the end of the statutory retention periods of 6 or 10 years stipulated by the commercial and tax laws, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy.

4. Sending of promotional newsletters by email

When you subscribe to our newsletter, we shall process the email address you provide - as well as other personal data you may provide - so that we can send you information about our products and promotional offers by email. If you wish to receive our newsletter, the only mandatory information we require is your email address. If you voluntarily submit additional personal data, we shall process this data, e.g. to address you in the newsletter more personally.

When you sign up for our newsletter, you give your consent as in the following text: "I agree to be informed by email about interesting offers and therefore consent to the processing of my email address and any other personal data I may provide for the purpose of sending the newsletter. I can withdraw this consent at any time and without stating any reasons with effect for the future. The withdrawal of consent does not affect the legality of processing done before the withdrawal."

The subscription to our newsletter takes place through a so-called double opt-in procedure. This means that after you subscribe, you will receive an email with a message about the subscription to the newsletter and a request to confirm your subscription. Your confirmation of subscription is required to demonstrate that you have given the necessary consent to receive the newsletter and to identify any misuse of third-party email addresses to subscribe to the newsletter. In connection with the subscription to the newsletter and the confirmation, we record the IP address and the date and time to demonstrate consent, if need be, in accordance with the legal and regulatory requirements.

The legal basis for the processing of your personal data is your consent given in accordance with Article 6 (1) point (a) of the GDPR and relating to this particular purpose.

You can withdraw your consent at any time and without stating reasons with effect for the future. All you need to do is send a message to the data controller, whose contact details can be found under controller's contact details. The withdrawal of consent does not affect the lawfulness of processing done before the withdrawal.

If you withdraw your consent or unsubscribe from our newsletter, your email address and any other personal data provided will be erased without undue delay, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy.

5. Sending promotional materials by post

We process your personal data as provided by you and comprising your name, surname and address, where applicable, for purposes of sending you information about our offers by post.

The legal basis for the processing of your personal data which is necessary for purposes of safeguarding our legitimate interests in carrying out promotional activities in accordance with Article 6 (1) point (f) of the GDPR.

You have the right to object at any time to the processing of your personal data for the purpose of sending promotional materials by post. All you need to do is send a message to the data controller, whose contact details can be found under controller's contact details.

If you object to the processing of your personal data for the purpose of sending promotional materials by post, we will erase the personal data you have provided to us comprising your name, surname and address without undue delay, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy.

6. Use of cookies

We use so-called cookies on our website. Cookies are small text files that are stored on your device; we use these cookies to transmit specific information to us. We use cookies on our website to make our website more user-friendly and to enable the use of certain functions.

Some of the cookies we use are deleted at the end of the browser session, i.e. as soon as you close your browser (so-called session cookies). Other cookies remain on your device even after the end of the browsing session, i.e. after you close your browser, and allow us or our affiliates (third-party cookies) to recognise you when you return to our website (so-called persistent cookies).

Some of the cookies we use are technically necessary to enable you to use certain functions and features, e.g. to store information about the items you put into your shopping cart. To this end, the legal basis for the processing of your personal data is Article 6 (1) point (b) of the GDPR for purposes of implementing pre-contractual measures arising out of your request as a data subject, or Article 6 (1) point (b) of the GDPR for purposes of fulfilling a contract to which you are a party, or Article 6 (1) point (f) of the GDPR for purposes of safeguarding our legitimate interest in providing functions that are as user-friendly as possible. Where we or our partner companies use cookies to measure our coverage or for marketing purposes, you can find detailed information on this in the relevant section of this privacy policy.

You can prevent cookies from being stored by changing the relevant settings of your browser software. If you need help to change your settings, please refer to the help feature of your browser software. However, we would like to point out that if you do this, you may not be able to use all the functions and features of our website. For details, please refer to the following information provided by the most popular browsers:

Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en

Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Opera: http://help.opera.com/Windows/10.20/de/cookies.html

Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Safari: https://support.apple.com/kb/ph21411?locale=de_DE

7. Enforcement of our rights and defence against claims directed at us

Where required, we process your personal data for purposes of safeguarding our legitimate interests in enforcing our rights and defending against claims directed at us.

In this case, the legal basis for processing of your personal data is Article 6 (1) point (f) of the GDPR.

Where this is necessary to pursue our legitimate interest, we may transfer your personal data to third parties to the extent permitted or required by law. This may include debt collection agencies or our legal representatives.

Where your personal data is transmitted to third parties, the amount of data transmitted is limited to the necessary minimum.

Your personal data will be erased at the end of the proceedings but not before the end of the statutory retention periods of 6 or 10 years stipulated by the commercial and tax laws, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy.

VI. Duration of storage of your personal data and/or the criteria used to determine this duration

Your personal data will be erased if it is no longer necessary in relation to the purposes for which the data was collected, unless we are entitled to process the data for a different purpose to the extent permitted or required by law and in accordance with the information provided in this privacy policy. For information about the envisaged period for which your personal data will be stored or the criteria used to determine that period, please refer to the information on processing of your personal data for the various purposes as laid down in this privacy policy.

VII. Your rights

1. Overview

In order to ensure a fair and transparent processing of personal data, you as the data subject have the following rights under applicable data protection laws and regulations:

Right to information under Article 15 of the GDPR,

Right to rectification of data under Article 16 of the GDPR,

Right to erasure of data under Article 17 of the GDPR,

Right to restriction of processing under Article 18 of the GDPR,

Right to data portability under Article 20 of the GDPR,

Right to withdraw consent at any time under Article 7 (3) of the GDPR,

Right to object to processing under Article 21 of the GDPR; for further details, please refer to the separate section below

and the right to lodge a complaint with the supervisory authority pursuant to Article 77 of the GDPR; for further details, please refer to the separate section below.

2. Your right to object to processing

In accordance with Article 6 (1) point (f) of the GDPR, the processing of personal data is lawful if the processing is necessary for purposes of safeguarding the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

You as the data subject have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you which is based on Article 6 (1) point (f) of the GDPR, including profiling based on those provisions.

If you make use of this right to 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 as a data subject or unless the processing is for purposes of asserting, exercising or defending legal claims.

Where personal data are processed for direct marketing purposes, you as the data subject have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you as the data subject object to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes.

3. Your right to lodge a complaint with the supervisory authority

Without prejudice to any other administrative or judicial remedy, you as the data subject have the right to lodge a complaint with a supervisory authority, in particular, in the member state of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.

Information about the basis for the provision of your personal data

If you wish to conclude a contract with us or to contact us with a query or request, we need your personal data to conclude the contract or to process your query or request. While you are not under any obligation to provide us with your personal data, we shall not be able to enter into a contract with you or process your query or request without the said data.