Privacy Notice

Privacy Policy Exquisit-Moden, Schlemper GmbH for the website shop.schlemper-moden.de/

I. Name and address of the person responsible
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the:
Exquisite fashion Schlemper GmbH
Dusseldorfer Str. 34/36
D - 42697 Solingen-Ohligs
Tel. +49 (0) 212 - 74072
Email: exquisit@gmx.de
Managing Director: Frank Schlemper

II. General information on data processing

1. Scope of processing of personal data
In principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent is not possible for reasons of fact and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (DSGVO) as legal basis. In the processing of personal data necessary for the performance of a contract of which the data subject is a party, Art. 6 para. 1 lit. b DSGVO as legal basis. This also applies to processing operations required to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfill a legal obligation that our company is subject to, Art. 6 para. 1 lit. c DSGVO as legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis. 6, Section 1 of the processing to protect a legitimate interest of our company or of another and do not outweigh the interests, rights and freedoms of the data subject, the former interest, is kind.. Lit. f DSGVO as legal basis for processing.

3. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, it may be stored if provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. A blocking or deletion of data occurs even when a prescribed by the standards mentioned retention period expires, unless that a necessity for continued storage of the data for a contract or a contract exists.

4. Categories of recipients
In principle, recipients of personal data processed via our website are, as far as not described otherwise, the person responsible or the responsible company (see I of this privacy policy). The data will not be transmitted to third parties. Submission to third parties is, to the extent required by law, within the scope of the requirements imposed by the respective law and, if appropriate, consideration of the interests involved. Such a case may e.g. be given in criminal investigations. Submission to third parties continues to take place if the personal data processed via our website is necessary for the initiation, execution or settlement of a contractual relationship with them. This can e.g. Be the case if the personal data to a subcontractor to carry out the contract, a transport company to carry out contractual deliveries, a third party service provider whose activities for the contractual performance of the services is required, this in each case within the statutory requirements, accordingly only in the necessary scope. This may also concern the execution and settlement of payment transactions. In this case, a transfer of their personal data to third parties for debt collection, to third parties for booking payment transactions and may be justified to credit reporting agencies such as Creditreform, with any previously obtained consent in turn may be a prerequisite for a data protection justification for such transmission. Further, disclosure of personal data may be required and required in the context of legal regulations concerning entrepreneurs and merchants, e.g. according to regulations of the tax code or in the context of tax treatment of the respective business transaction.

III. Provision of the website and creation of log files

1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
- Browser type and version
- Operating system of the user
- Internet service provider
-    IP address
- Date and time of access
- Page accesses on the website shop.schlemper-moden.de
The data is also stored in the log files of our system. It also stores the IP addresses of the user, which allow the assignment of the data to a user, which we do not perform.

2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session. Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f DSGVO.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed. In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Opposition and removal possibility
Subscription to the newsletter may be terminated at any time by the user concerned. For this purpose, there is a corresponding link in each newsletter. In addition, if you have created a personal customer account on our website, you can also deactivate the newsletter delivery in your personal customer account. This also allows a revocation of the consent of the storage of the personal data collected during the registration process.

VI. Registration

1. Description and scope of data processing
On our website, we offer users the opportunity to register by providing personal information. The data is entered into an input mask and transmitted to us and stored. A transfer of data to third parties does not take place. The following data is collected during the registration process:
First name, surname, date of birth, e-mail address, street and house number, zip code, city, state, country Telephone, fax number, newsletter order (can be ordered in opt-in via a checkbox), password, password confirmation.
At the time of registration, the following data is also stored:
-    Date of Registration
The following data is automatically saved in the database of the shop:
-    Date of Registration
- Date of the last modification of the user data
- Date of the last login in the customer account
- Number of registrations in the customer account
As part of the registration process, the consent of the user to process this information is obtained.

2. Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR. If the registration serves the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures, an additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of the data processing
A registration of the user is possible to fulfill a contract with the user or to carry out pre-contractual measures to prepare or conclude purchase contracts electronically via our website. Purchase contracts for products that we offer on our website in the shop system, but can also be completed without investing a customer account.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection.
This is the case during the registration process for the execution of a contract or for the performance of pre-contractual measures, when the data is no longer necessary for the execution of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contracting party in order to comply with contractual or legal obligations.

5. Opposition and removal possibility
As a user, you have the option of cancelling the registration at any time. The data stored about you can be changed at any time.
If you register with us without concluding a contract, you can cancel or modify the registration at any time by informing us of your desire to dissolve or modify it informally, e.g. call or e-mail. If the data are necessary for the fulfillment of a contract or for the execution of pre-contractual measures, a premature deletion of the data is only possible, as far as contractual or legal obligations do not preclude a deletion.

VII. Contact form and e-mail contact

1. Description and scope of data processing
On our website is a contact form available, which can be used for electronic contact. If a user realizes this possibility, the data entered in the input mask is transmitted to us and stored. These data are:
Name, e-mail address, your entered data in free field with the name "request"
At the time of sending the message, the following data is also stored:
- Date and Time
For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.
Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.
There is no disclosure of data to third parties in this context. The data is used exclusively for processing the conversation.

2. Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR. The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of the data processing
The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the facts are finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
This does not apply if and insofar as the deletion is not statutory, e.g. contrary to the Commercial Code or the Tax Code, or any other justification under data protection regulations that requires retention after consideration of all interests

5. Opposition and removal possibility
The user has the opportunity to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail or via our contact form, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue. All personal data stored in the course of making contact will be deleted in this case if and to the extent that the non-statutory requirements, e.g. contrary to the Commercial Code or the Tax Code, or any other justification under data protection regulations that requires retention after consideration of all interests.

VIII. Rights of the data subject
If personal data is processed by you, you are i.S.d. DSGVO and you have the following rights to the responsible person:

1. Right to information
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the right of rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether the personal data relating to you are transferred to a third country or an international organization. In this regard, you can request the appropriate warranties in accordance with. Art. 46 GDPR to be informed in connection with the transfer.

2. Right to rectification
You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The person in charge must make the correction without delay.

3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the limitation of the processing according to the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted.

4. Right to cancellation
a) Obligation to delete
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) According to. Art. 21 para. 1 DSGVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 DSGVO objection to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
b) Information to third parties
If the person responsible has made the personal data relating to you public and is in accordance with. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical ones, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Person requested by them to delete all links to such personal data or to make copies or replicas of such personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task of public interest or in the exercise of official authority conferring on the controller has been;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, for scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.

5. Right to information
If you have the right of rectification, erasure or restriction of the processing to the controller, he / she is obliged to notify all recipients to whom the personal data concerning you have been corrected or deleted or processing restricted, unless: this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.

6. Right to Data Portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO or on a contract acc. Art. 6 para. 1 lit. b DSGVO is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that personal data relating to you be transmitted directly from one controller to another controller, as far as technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

7. Right to object
You have the right at any time, for reasons that arise from your particular situation, to prevent the processing of your personal data, which, pursuant to Art. 6 para. 1 lit. e or f DSGVO takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, 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 associated with such direct mail.
If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to opt-out by means of automated procedures that use technical specifications.

8. Right to revoke the data protection consent declaration
You have the right to revoke your data protection consent declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated decision on a case-by-case basis, including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g DSGVO applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.

10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its place of residence, employment or the place of the alleged infringement, if you believe that the processing of the personal data concerning you is against the DSGVO violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

END OF PRIVACY POLICY