Privacy policy

Privacy Policy / Data protection declaration for the Online Offer of marcellvonberlin.com

The MARCELL VON BERLIN GmbH, Friedrichstraße 172, 10117 Berlin (hereinafter: “MARCELL VON BERLIN“ or ”we“) is the provider of the website marcellvonberlin.com. We want you to feel comfortable on our website. The protection of your privacy and your personal rights is very important to us. We therefore ask you to read the information about the functions of our website carefully.In the following data protection declaration we like to inform you about the nature, scope and purpose of the processing of personal data (hereinafter also referred to as “Data”) within our online offering and the related websites, features and content, as well as external online presence, e.g. our social media profiles (hereinafter collectively referred to as “Online Offer”).

I. Identity and contact of the controller

The controller in charge for data processing of our Online Offer within the meaning of the General Data Protection Regulation (hereinafter: “GDPR”) and other national data protection laws of the Member States, as well as other data protection provisions, is the following: MARCELL VON BERLIN GmbH Friedrichstraße 172

10117 Berlin, Germany

Phone: +49 30 20 05 94 21

E-Mail: welcome@marcellvonberlin.com

Representative (Managing Director): Stefan Ober (contact as before)

II. Scope of processing of personal data

We only process personal data of the users of our Online Offer, if it is necessary in order to provide a functioning Online Offer as well as our content and services. The processing of your personal data regularly only takes place with your consent, with the exceptions that obtaining your consent is not possible for actual reasons or that the processing of your data is permitted by law.

III. Legal basis for the processing of personal data

We would like to inform you about the legal basis for our data processing. In case that the respective legal basis is not mentioned expressively in our data protection declaration, the processing of your personal data is based on the following legal bases:

  • Article 6 (1) point (a) GDPR is the legal basis, when we have obtained your consent for a particular processing purpose.
  • Article 6 (1) point (b) GDPR is the legal basis, if the processing is necessary in order to perform a contract, e.g. if you close a contract via our Online Offer. This legal basis also applies to the processing of personal data necessary in order to perform pre-contractual measures, e.g. if you contact us with inquiries regarding our products and services.
  • Article 6 (1) point (c) GDPR is the legal basis as far as the processing of personal data is necessary for compliance with our legal obligations, e.g. the compliance with commercial and tax obligations.
  • In case that, the processing of personal is necessary in order to protect the vital interests of you or of another natural person, Article 6 (1) point (d) GDPR is the legal basis.
  • In the case, that the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or your fundamental rights and freedoms, Article 6 (1) point (f) GDPR is the legal basis.

IV. Data erasure and storage period

V. Provision of the Online Offer and creation of log-files

  1. Description and scope of data processing

Whenever you access our Online Offer, we or our hosting provider collects a series of general data and information from the computer system of the device which is accessing our Online Offer. The following Data can be collected:

  • Date and time at the time of the access to the visited website respectively the Online Offer
  • Website from which you access our Online Offer (e.g. previous website, hyperlink or similar)
  • Websites that you access through our Online Offer
  • The access status (file transfer, file not found)
  • The amount of data you send
  • The operating system you are using
  • The browser and which browser version you are using
  • The internet service provider you use
  • Your IP address, which your Internet service provider assigns to your computer when connecting to the internet.

The data is temporarily stored in log files of a server. A storage of this data together with other personal data of you shall not take place.

  1. Legal basis for data processing

The legal basis for the temporary storage of Data and log files is Article 6 (1) point (f) GDPR.

  1. Purpose of the data processing

The processing of the Data is necessary in order to operate our Online Offer in order to ensure its functionality and to be able to deliver the content of the Online Offer correctly. In addition, the Data serves to optimize our Online Offer and to ensure the security of our information technology systems. An evaluation of the Data for marketing purposes shall not take place in this context. The aforementioned purposes also establish our legitimate interest in the processing of Data according to Article 6 (1) point (f) GDPR.

  1. Storage period

The Data shall be erased as soon as it is no longer necessary for the purpose of its processing. In the case of storing the data in log files shall be erased after seven days at the latest. A longer storage of your Data is possible. In this case, your IP address will be erased or alienated, so that an identification of the calling user is no longer possible.

  1. Possibility to object or and removal

As the collection of Data is mandatory for the provision of the Online Offer and the storage of the Data in log-files for the operation of the Online Offer are, there is no possibility for you as a user to oppose the processing of the Data.

VI. Use of cookies

  1. Cookie integration in the Online Offer

We use cookies on our Online Offer. Cookies are small text files that are stored in your Internet browser respective by the Internet browser on your computer system. Cookies are downloaded when you visit a website. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are erased after a user leaves the online service and closes his browser. In such a cookie, e.g. the content of a shopping cart in an online shop or a login status.

“Permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. In this way, e.g. a login status will be saved when a user visits the Online Offer after several days. Likewise, in such a cookie the user interests can be stored, which are used for range measurement or marketing purposes. If the website is retrieved from the same device, the cookie is either returned to the site that created it (first-party cookie) or to another website to which it belongs (third-party cookie).

With the help of the cookie, the website can recognize that it has already been called up with this browser and, among other things, can improve the user experience when calling it again. Cookies can be e.g. remember your preferences and adapt the offers displayed on the website to your personal interests and needs.

You can decide for yourself whether the browser you use allows cookies or not. Saved cookies can be erased in the system settings of your browser. Please note that the functionality of websites may be restricted or even suspended if cookies are not allowed.

When you call our Online Offer for the first time, you will be informed via an info banner about the use of cookies. We use different groups of cookies. If you click on details in the info banner, you will be shown which cookies we use and to which group this cookie belongs. If you do not want us to use a specific cookie or group of cookies, please remove the green checkmark of the associated cookie group and click OK to confirm your preference. Unless you remove the green tick, you agree that we use the cookie group. Please note that you cannot influence the use of necessary functional cookies. Only after you have selected the cookie groups will the cookies be used on the website.

If you have allowed us to use cookies through your browser setting or consent, the following cookies may be used in our Online Offer.

Your current status of the allowed cookies (Necessary Cookies, Preferences, Statistics, Marketing):

As far as these cookies also use personal data, you will be informed below.

  1. Use of functional cookies (Necessary Cookies)

We use cookies that belong to the group of functional cookies so that you can visit our Online Offer in a user-friendly way and that the online offer is working properly (technically-necessary cookies, hereinafter also: Necessary Cookies). Some elements of our Online Offer require that the browser from which you access our Online Offer also identify you after a change a page within our Online Offer.

By using Necessary Cookies, the following functionalities can be achieved or the following Data can be stored:

  • Language settings made by you
  • Saving your browser settings so that our Online Offer can be displayed optimized on the device you’re using
  • Saving settings to ensure an optimized video display (e.g., resolution data of the screen you are using)
  • Even loading of the webpage you are visiting in order to keep it accessible
  • Preventing misuse of the Online Offer and services by registering logins.

The legal basis for the processing of Data by using technical Necessary Cookies is Article 6 (1) point (f) GDPR.

  1. Use of Preference and Statistics Cookies

Furthermore we use Preference and Statistics Cookies in our Online Offer, which allow an analysis of your surfing behavior. When accessing our Online Offer, you will be asked, as described above, to consent to the processing of personal data used in this context.

  • The search terms you entered
  • Frequency of page views
  • The recording of the visit time on our Online Offer
  • Recording the visit of different pages on our Online Offer
  • Use of functions of our Online Offer
  • Your IP address in anonymized form

The legal basis for the processing of personal data using cookies for analysis purposes is, if you have given your consent in this regard, Article 6 (1) point (a) GDPR.

In addition, the legal basis for this is also Article 6 (1) point (f) GDPR, as we have a legitimate interest, namely an interest in the analysis, optimization and economic operation of our online offer.

  1. Use of the Google Tag Manager

We use the services of Google Tag Manager, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“).

This service allows website tags to be managed through a single interface. Google Tool Manager only implements tags. This means: No cookies are used and no personal data is collected. Google Tool Manager triggers other tags, which may collect data. However, Google Tag Manager does not access this data. If deactivated at the domain or cookie level, it will remain in effect for all tracking tags as far as they are implemented with the Google Tag Manager.

Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

  1. Use of Google Analytics

We use the services of Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland („Google“). Google Analytics uses cookies, to allow an analysis about how users use our Online Offer.

The information generated by the cookies about your use of the Online Offer is usually transmitted to a Google server in the USA and stored there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The IP address transmitted by Google Analytics will not be merged with other data provided by Google. The cookies saved by Google Analytics will be erased after 26 months at the latest.

Google is certified under the Privacy Shield Framework, which provides appropriate safeguards to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

For more information about Google’s data usage, settings and opt-out options, please visit Google’s websites:

The legal basis for the processing of Data by the use of cookies in connection with the use of Google Analytics for analysis purposes is Article 6 (1) point (a) GDPR, provided that you have given us your consent. In addition, we pursue legitimate interests by the processing of data within the meaning of Article 6 (1) point (f) GDPR, because we have an interest in optimizing our Online Offer and our advertising presence.

You may object to the consent to the above-mentioned data processing at any time by changing the settings with regard to the permitted cookies or by changing the settings in your browser. To deactivate Google Analytics, you can download and install a browser plugin at https://tools.google.com/dlpage/gaoptout?hl=en.

  1. Use of the service of Cookiebot

We are obliged to able to demonstrate your consent or rejection for the use of cookies in accordance with Article 7 (1) GDPR. To ensure our compliance with this obligation, we use the service of cookiebot.com (hereinafter: Cookiebot).

The following data is stored in our Cookiebot account:

  • Your IP address in an anonymized form (the last three digits are set to “0”)
  • Date and time of your consent
  • The browser which you are using
  • The URL from which your consent is sent
  • An anonymous, random, and encrypted key-value
  • Your respective status of consent, which serves to demonstrate your consent.

The key and your status of consent will also be stored in a cookie “CookieConsent” for a duration up to 12 months, so that your given consents can be automatically read and respected by our Online Offer for all subsequent page requests and future user sessions. You can at all time see and change your status of consent in the data protection declaration. You can find this above.

  1. Duration of storage, objection and removal with regard to recorded Data when using cookies

Cookies are stored on your computer and transmitted to us by your computer. Therefore, as a user, you have full control over the use of cookies. By changing the system settings in your internet browser, you can disable or restrict the transmission of cookies. As described above, you can also control this by granting consent or withdraw it within our Online Offer. Already stored cookies can be erased at any time.

VII. Newsletter

If you sign up for newsletter mailing list of Marcell von Berlin, you consent, until withdrawn, that you receive a personalized newsletter from the Marcell von Berlin GmbH, Germany, on a regular basis and that the Marcell von Berlin GmbH may send you advertising mailings on products, services, promotions and/or customer satisfaction surveys of Marcell von Berlin GmbH, Germany and/or our affiliate MARCELL VON BERLIN USA, INC. In order to send you a newsletter optimized for you, you consent to an evaluation by Marcell von Berlin GmbH, which measures whether and when the newsletter is opened and which links you click on. You will find detailed information about the transit procedure and the data collected by the newsletter in the text below. You can terminate the receipt of our newsletter at any time, i.e. withdraw your consent. For this purpose, there is a corresponding link in each newsletter mailing. You can also withdraw your consent by sending us a simple message via regular mail (Marcell von Berlin GmbH, Friedrichstraße 172, 10117 Berlin, Federal Republic of Germany) or via e-mail to welcome@marcellvonberlin.com. You will incur no other costs than costs for the transmission of your withdrawal.

  1. Description and scope of data processing for newsletter mailing

For the processing of the Data, your consent is obtained during the registration process and reference is made to this privacy policy.

Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after signing up for the newsletter, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with a foreign e-mail address. The registrations for the newsletter are logged in order to prove the registration process in accordance with the legal requirements. This requires the storage of the registration and confirmation time, as well as of the IP address.

Even if you have not registered for our newsletter, we can use your deposited e-mail address to send you a newsletter, if you purchase goods or services within our Online Offering or in our Marcell von Berlin stores and give to us your e-mail address during the purchase. In such case, the newsletter will only send advertising for our own identical or similar goods or services.

  1. Legal basis and purpose for data processing

The legal basis for sending the newsletter and the associated performance measurement is your consent in accordance with Article 6 (1) point a GDPR.

The logging of the registration process is based on our legitimate interest in accordance with Article 6 (1) point f GDPR. Here, our interest is directed to the use of a user-friendly and secure newsletter shipping method, which serves our business interests on the one hand and allows us to prove your consent and at the same time meets your expectations.

The legal basis for sending the newsletter following the sale of goods or services is in the Federal Republic of Germany Section 7 (3) German Act Against Unfair Competition [“UWG”] and in Austria Section 107 (2) and (3) Austrian Telecommunications Act [“TKG”]. In addition, the legal basis is also Article 6 (1) point f GDPR, as we have a legitimate interest in direct marketing.

The processing of your e-mail address is for the purpose of sending you the newsletter. The processing of the data regarding your gender, your name and your country of residence is for the purpose to address you personally.

  1. Duration of storage

The Data will be erased as soon as it is no longer necessary to achieve the purpose of its collection. Therefore, your e-mail address will be stored as long as you have subscribed to our newsletter mailing list.

You can terminate the receipt of our newsletter at any time, ie. withdraw your consent. For this purpose, there is a corresponding link in each newsletter mailing. You can also withdraw your consent by sending us a simple message

via regular mail (Marcell von Berlin GmbH, Friedrichstraße 172, 10117 Berlin, Federal Republic of Germany) or

via e-mail to welcome@marcellvonberlin.com.

You will incur no other costs than costs for the transmission of your withdrawal.
In order to be able to proof a prior given consent, we may store your Data for a period up to three years based on our legitimate interests before it is deleted. In this case the storage only takes place for the purpose of possible defense against claims.

  1. Newsletter mailing by SendGrid

The newsletter mailings are distributed by using SendGrid, Inc., 1801 California Street, Suite 500, Denver, Colorado 80202, USA („SendGrid“).

Your data stored during the newsletter registration process (e-mail address, name, gender, country of resicence, IP address, date and time of your registration) will be transmitted to a server of SendGrid Inc. in the USA. The use of SendGrid takes place in compliance with Articles 44 to 49 GDPR. SendGrid is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TRktAAG&status=Active). You can view the privacy policy of the shipping service provider at https://sendgrid.com/policies/privacy/.

We use the services of SendGrid on the basis of our legitimate interest in accordance with Article 6 (1) point f GDPR.

  1. Newsletter performance measurement

The newsletter mailings may contain so-called “web-beacons”. These are pixel-sized files that are retrieved when opening a newsletter from our server or from the server of our shipping service provider. As part of this retrieving technical information, such as the information about your browser and your operating system, but also your IP address and the time of retrieval of the newsletter are collected.

The legal basis for the processing of data with regard to the performance of the newsletter is set out in Article 6 (1) point f GDPR.

All of this information is used to improve the service based on specifications or audiences and their reading behavior based on the locations or access times. It also determines if the newsletter has been opened, when it was opened and which links were clicked. Even if this information can be assigned to a single newsletter recipient due to technical reasons, we do not want to monitor individual users either by us or by the mailing service provider. The evaluations serve to recognize the reading habits of our users and to adapt our content to them or to send interest-oriented newsletters to our users.

VIII. Transfer of Data to service companies and other third parties

We work with several third party service companies to operate and optimize our Online Offer as well as our services and contract management, e.g. for IT services or for the hosting of our Online Offer. We transfer the Data, which are necessary for these service providers in order to fulfillment the respective contracts with us. In doing so, a transfer of Data to a third country (i.e. a country outside the European Union (EU) and the European Economic Area (EEA)) will only take place in compliance with Articles 44 to 49 GDPR.

The legal basis for the transfer of Data to service companies is Article 6 (1) points (b) and (f) GDPR.

Under certain circumstances, we also transfer your personal data to third parties or government agencies if we are obliged to do so on the basis of official or court orders or if we are entitled to do so, e.g. if the transfer of the Data is necessary in order to prosecute criminal offenses or in order to protect and enforce our own rights or claims.

The legal basis for this transfer is Article 6 (1) points (c) and (f) GDPR.

IX. Contacting

When you contact us (e.g. via contact form, e-mail, telephone or via social media) your information will be processed in order to process the contact request. The processing of your information, including your personal data, takes place in all cases of contact only for processing your request.

Your information can be stored and processed in a Customer Relationship Management System (“CRM System”) or a comparable system.

Legal basis for the processing of the Data of your contacting is Article 6 (1) lit. f GDPR. Insofar as the contact with us is intended to conclude a contract or its fulfillment, legal basis for the processing of your Data is also Article 6 (1) lit. b GDPR.

Your request will be erased as soon as it becomes clear from the circumstances that the respective request has been finally clarified and furthermore that we not obligated to a longer storage according to legal or contractual retention periods.

X. MARCELL VON BERLIN on social networks/platforms

Because we like to communicate with our customers, prospects and users, we have our own pages on social networks (e.g. Facebook and Instagram) and platforms. On these social networks or platforms we also inform about our services. When you visit these social networks or platforms, the terms and conditions and privacy policies of the operator of the respective social network or platform apply.

Unless otherwise stated in our data protection declaration, we only process the personal data of users who communicate with us within social networks or platforms.

XI. Your rights

We would like to inform you about your rights regarding the processing of your data. If you want to use one of these rights, you can send a simple message to us. You can use the following contact details for this without incurring any costs other than the base rate transmission costs:

Via regular mail: Marcell von Berlin GmbH, Friedrichstraße 172, 10117 Berlin, Germany

Via E-Mail: welcome@marcellvonberlin.com

For your own protection, we reserve the right to obtain further information confirming your identity. If we are unable to identify you, we will reject to process the request.

You have the

  • Right to information about personal data we process concerning you (Article 15 GDPR)
  • Right to rectification without undue delay of inaccurate personal data we process concerning you (Article 16 GDPR)
  • Right to erasure of personal data we process concerning you (Article 17 GDPR)
  • Right to restriction of processing of personal data we process concerning you (Article 18 GDPR)
  • Right to data portability (Article 20 GDPR)
  • Right to object to particular data processing measures (Article 21 GDPR)
  • Right to lodge a complaint with a supervisory authority (Article 77 GDPR); if you consider that the processing of your personal data infringes existing data protection regulations, you can lodge a complaint with a supervisory authority without prejudice to any other legal remedies. In particular, you can lodge the complaint with a supervisory authority in the Member State of your habitual residence, your place of work or the location of the alleged infringement.

XII. Amendment of our data protection declaration

We reserve the right to amend this data protection declaration at any time to ensure that it complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. if we change our Online Offer or introduce other services. In this case the new data protection declaration shall apply to your next visit of our Online Offer.

Last updated: 19/06/2019