Privacy

1. General information on data protection

We are pleased about your interest in our company and our products. The protection of your personal data is important to us.

This privacy policy informs you which personal data is collected, processed and stored when you visit our company website, use our B2B online shop and in the course of business communication.

Personal data is processed on the basis of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and other applicable statutory provisions.

Personal data means any information relating to an identified or identifiable natural person. This includes, for example, names, business email addresses, telephone numbers and personal details relating to orders.

2. Controller

The controller responsible for data processing is:

Emmerling Fashion GmbH
Maurerstraße 7A
85055 Ingolstadt, Germany
Phone: +49 841 938 95 338
Email: info@emmerling.eu

The controller decides on the purposes and means of the processing of personal data.

3. Purposes of and legal bases for data processing

We process personal data in particular to provide and technically operate our website, for IT security, to set up and manage B2B customer accounts, to identify and activate commercial business customers, to process orders and enquiries, to handle deliveries, invoices and payments, for management in the merchandise management system, to comply with legal obligations and to send permitted business information and advertising messages.

Depending on the processing operation, processing is based on Art. 6(1)(a) GDPR (consent), (b) (contract or pre-contractual measures with the data subject), (c) (legal obligations) or (f) (legitimate interests, including security, customer management and communication with contact persons of legal entities). The relevant legal basis is explained in more detail below.

4. Hosting and technical provision of the website

Our website and our B2B online shop are hosted by IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany.

In the course of hosting, the data processed may include in particular IP addresses and connection data, the time and extent of page views, browser and operating system information, technical error and security information, and data entered in the shop.

Processing serves the secure, stable and functional operation of the service. The legal basis is Art. 6(1)(f) GDPR; where necessary for contracts with natural persons, Art. 6(1)(b) GDPR may also apply.

IONOS processes data as a processor within the agreed hosting services on the basis of an agreement under Art. 28 GDPR.

5. Server log files and technical access data

When the website is accessed, technical access data such as browser, operating system, pages accessed, date and time, and IP or connection data may be processed to ensure functionality and IT security.

The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest lies in the security, stability and functionality of the website.

6. Cookies and technically necessary functions

Our website and our B2B online shop use technically necessary cookies or comparable technologies where these are required for the functions requested by the user. These may include login, session management, shopping cart, ordering process, security and technical settings.

Where storing information on a terminal device or accessing it is strictly necessary to provide an expressly requested digital service, no separate consent is required under Section 25(2) TDDDG.

Any associated processing of personal data is governed by Art. 6(1)(b) or (f) GDPR, depending on the purpose. Technologies that are not strictly necessary and require consent may only be used after corresponding consent has been given.

7. Encrypted data transmission

Our website uses TLS encryption to protect data transmission between the browser and our website. This applies in particular to logins, contact enquiries and order information. An encrypted connection can generally be recognised by “https://” in the browser's address bar. Complete protection against all security risks cannot be guaranteed.

8. B2B online shop and customer accounts

Our B2B online shop is aimed exclusively at commercial business customers. Customer accounts are set up and activated by Emmerling Fashion GmbH. Public self-registration with immediate activation is not provided. You can apply for access using a form on the website. The details in the form are used to review the application and set up access (Art. 6(1)(b) GDPR).

For account management, the data processed may include in particular company name and address, names of contact persons, business contact details, customer number, billing and delivery addresses, secured access data, orders and order history, and terms and conditions.

The purpose is to identify, set up and manage the account and to carry out the business relationship. The legal basis is Art. 6(1)(b) GDPR for contracts with natural persons and, as a rule, Art. 6(1)(f) GDPR for contact persons of legal entities. The legitimate interest is the proper management of commercial business relationships.

Without the necessary contact details, activation and order processing may not be possible. Account data is generally stored for the duration of the business relationship and deleted afterwards, unless retention obligations or other lawful reasons prevent this.

9. Orders and contract processing

For orders, we process the necessary customer numbers and customer master data, names and business contact details, billing and delivery addresses, items and quantities ordered, prices and terms, status information, and invoice and payment information.

The purposes are order processing, delivery, invoicing, allocation of payments and commercial documentation. The legal bases are, depending on the circumstances, Art. 6(1)(b), (f) and (c) GDPR.

10. ProMode merchandise management system

We use the ProMode merchandise management system to manage goods, stock, customers and orders. There is an automatic two-way data connection between the B2B shop and ProMode.

Where necessary, this may involve exchanging in particular customer master data, customer numbers, business contact details, orders, delivery addresses and contract-related information. The purpose is efficient, correct order processing and the avoidance of incorrect stock levels.

The legal bases are, depending on the operation, Art. 6(1)(b), (f) and, where applicable, (c) GDPR.

11. Payment processing

In the B2B shop we offer payment on invoice and payment in advance. For invoicing, checking and allocating incoming payments and for bookkeeping, we process the necessary customer, invoice and payment information. Where necessary, this information is processed with the credit institutions involved.

The legal bases are, depending on the operation, Art. 6(1)(b), (c) or (f) GDPR. Credit card and PayPal payment services are not offered in the shop described.

12. Disclosure of personal data

Data is only disclosed to external recipients on a legal basis and where necessary for the relevant purpose. Categories of recipients may include hosting and IT service providers, technical service providers, shipping and logistics companies, credit institutions, tax advisers, accounting service providers and, where legally required, public authorities.

Where data is processed on our behalf, we conclude the necessary agreements under Art. 28 GDPR. Data is not transferred for third parties' own advertising purposes without an appropriate legal basis.

13. Contact by email, telephone or contact form

When you contact us, we process the data provided, such as names, business contact details, company affiliation and the content of the enquiry, in order to deal with your request.

Where there is a contractual connection with a natural person, the legal basis is Art. 6(1)(b) GDPR, otherwise generally Art. 6(1)(f) GDPR (legitimate interest in appropriate communication). Where statutory retention obligations apply, Art. 6(1)(c) GDPR also applies.

Data is deleted when it is no longer needed and there are no further reasons for retaining it.

14. Newsletter and business advertising information

We may inform business customers and interested parties by email about products, collections, offers and events. These messages are sent using our business email system, in particular Microsoft Outlook.

We send advertising messages if the necessary consent has been given or the requirements for advertising to existing customers under Section 7(3) UWG are met. Consent-based processing is governed by Art. 6(1)(a) GDPR; permitted advertising to existing customers may be based on Art. 6(1)(f) GDPR.

Consent can be withdrawn at any time with effect for the future. You can object to direct advertising at any time at info@emmerling.eu. Following an objection, we will no longer use the address for such advertising; the necessary storage of a blocking note remains possible.

15. Storage period and statutory retention obligations

We generally store personal data only for as long as is necessary for the relevant purpose or required by law. Under commercial and tax law, ten years may apply to certain accounting records, eight years to accounting vouchers and six years to commercial and business letters. The exact period depends on the document and the applicable law.

After the periods have expired, data is deleted unless it is still lawfully required, for example to enforce or defend legal claims. Data of active customer accounts is generally kept for the duration of the business relationship. Technical session data is deleted or becomes invalid once its necessary period of use has ended.

16. Security of data processing

We take appropriate technical and organisational measures to protect personal data against unauthorised access, loss, alteration and unlawful disclosure. These include in particular access restrictions, protected data transmission and IT backups. The measures are reviewed on a risk basis and taking technical developments into account.

17. Your rights as a data subject

Subject to the statutory provisions, you have in particular the following rights:

• Access to personal data processed (Art. 15 GDPR).
• Rectification of inaccurate data or completion of incomplete data (Art. 16 GDPR).
• Erasure under the statutory conditions (Art. 17 GDPR).
• Restriction of processing (Art. 18 GDPR).
• Data portability, where the statutory conditions are met (Art. 20 GDPR).
• Objection on grounds relating to your particular situation to processing under Art. 6(1)(e) or (f) GDPR, and objection at any time to processing for direct advertising purposes (Art. 21 GDPR).
• Withdrawal of consent given, with effect for the future (Art. 7(3) GDPR), without affecting the lawfulness of processing already carried out.
• Complaint to a competent data protection supervisory authority (Art. 77 GDPR).

To exercise your rights, please contact info@emmerling.eu.

18. Origin of data on business contacts

We may obtain business contact details directly from the data subjects or from their companies in the course of a business relationship. This applies in particular to names, position, business telephone numbers and email addresses. They are used to initiate business, for communication and to handle enquiries and orders.

The legal basis is generally Art. 6(1)(f) GDPR; our legitimate interest lies in initiating and maintaining business relationships.

19. Retailer search and map

The search by postcode or town is not sent to other providers and is not stored. The map is only loaded from the OpenFreeMap map service on request; the IP address is then sent there (consent, Art. 6(1)(a) GDPR, Section 25(1) TDDDG). The map can be hidden again at any time. The “Directions” link opens Google Maps; only then is data sent to Google.

The map shows the company, address and contact details of specialist retailers with orders at Emmerling Fashion, so that interested people can find a retailer near them (Art. 6(1)(f) GDPR). The details come from the customer data of Emmerling Fashion. To determine the position, the business address is passed to the Nominatim service of OpenStreetMap.

20. Changes to this privacy policy

We may amend this policy if legal requirements, technical functions or the type of data processing change. The current version is always published on our website.