PRIVACY POLICY

This website uses cookies. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Cookies are small text files that can be used by websites to make a user's experience more efficient.

The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.

This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

You can at any time change or withdraw your consent from the Cookie Declaration on our website.

Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy.

Your consent applies to the following domains: marcellvonberlin.com

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

2. 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.

3. 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.

4. 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).

5. 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:

• https://www.google.com/intl/en/policies/privacy/partners,
• http://www.google.com/policies/technologies/ads,
• http://www.google.com/settings/ads.

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.

6. Use of Facebook pixels

If you agree, we use within our Online Offering the “Conversion Pixel” provided by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.

With the set of the Facebook “Conversion Pixel”, we can see how successful a Facebook ad is. We receive only statistical data without direct personal reference from Facebook.

If you are logged in to Facebook, you should pay attention to the privacy policy of Facebook at https://www.facebook.com/about/privacy/.

In addition to opt-in activation for our Online Offering, you can review your personal settings on Facebook at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

7. Use of YouTube

Within our online offering, we embed videos from the YouTube platform of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). For this, the Javascript library for embedding videos from the YouTube server is loaded. This tells the YouTube server which of our pages you have visited.

If you are logged in to your YouTube account, you enable Google to directly associate your surfing behavior with your personal profile. You can prevent this by logging-out of your YouTube account.

The legal basis for the processing of personal data using cookies in connection with the use of YouTube is, provided that you have consented to this, in accordance with Article 6 (1) point a GDPR. In addition, we have a legitimate interest in the processing of Data within the meaning of Article 6 (1) point f GDPR, because we have an interest in optimizing our Online Offering and our advertising presence.

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 processing of personal data by Google, please see the Google Privacy Policy at https://www.google.com/intl/en/policies/privacy.

8. 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.

9. 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 i.L., Germany, on a regular basis and that the MARCELL VON BERLIN GmbH i.L. may send you advertising mailings on products, services, promotions and/or customer satisfaction surveys of MARCELL VON BERLIN GmbH i.L., 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 i.L., 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 i.L., 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.

2. 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.

3. 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 i.L. , 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.

4. 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.

5. 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) point 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) point 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.

1. 1. < Processing of your personal data Contract conclusion and execution of the contract, creating of a user account

Description and scope of Data processing

We process Data that we receive or collect from you as part of your order respectively your purchase contract in our online shop. We process your following Data:

• Title, first name, last name and, if applicable, company name
• Contact details (address, phone, if applicable)
• If applicable, different shipping address (title, first and last name, contact details) and order notes
• Email address
• Billing and payment data.

2. Purpose of data processing and legal basis for data processing

We process personal data of customers of our online shop, as far as it is necessary for the conclusion and performance of the respective order or the respective contractual relationship, its content, implementation or processing, in particular for performing deliveries, payment processing or for inquiries in connection with placed orders. The legal basis for this is Article 6 (1) point b GDPR. In addition, Article 6 (1) point f GDPR legal basis for data processing.

We are also legally obliged to send you an electronic order confirmation in the form of a shipping confirmation via email. Therefore, the processing of your email address is also based on Article 6 (1) point c GDPR in conjunction Section 312i (1) no. 3 German Civil Code [“BGB”].

We may use processors to process your Data in accordance with Article 28 GDPR. In particular, the Data may be transferred to the shipping company commissioned with the delivery to perform the contract, as far as it is necessary to deliver of ordered goods.

3. Payment processing

For payment processing, we offer the use of different payment service providers. During the payment processing, we do not collect and store any payment transaction information. This Data is only known to the respective payment service provider.

1. a) Payment service provider PayPal

If you choose PayPal as an option for payment processing, your Data required for payment processing will be transferred to PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

This Data is the first name, last name, address, telephone number, Email and IP address and other Data that is required to process the order, such as number and article number, invoice amount and tax rate in percent.

This Data and its transmission are necessary to process the payment via PayPal, in particular to verify and confirm the identity and to manage the payment and customer accounts.

If it is necessary to fulfill the contract, PayPal can also pass this data on to service providers, subcontractors or other affiliated companies.

If the payment methods invoice or direct debit are selected, PayPal transmits personal data to credit agencies for identity and credit check. A detailed list can be found in PayPal’s data protection declaration at https://paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE/.

1. b) Payment service provider Concardis

If you choose paying via credit card as a payment option, the payment is processed by our payment service provider Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany.

The Data required for this payment option (Card number, Expiry Date and Varification number [CVC/CVV]) are collected and processed exclusively by the payment provider and are not forwarded to us and cannot be viewed by us. Electronic payment by credit card is PCI-DSS certified and offers the customer highest possible data security.

The processing of your Data by the payment provider takes place on the legal basis of your consent (Article 6 (1) point a GDPR) and on the legal basis of Article 6 (1) point b GDPR.

For further information, please see the data protection information of Concardis GmbH at https://www.concardis.com/ch-de/datenschutz.

4. Creating of a user account

On our Online Offer, we provide the possibility to create and set a user account.

The collections of the e-mail address and a password are used to create the user account and the log in data to this account, in which you can independently view and manage your Data, orders and contract data. The password you choose is used to protect your Data. The legal basis for this data processing are Article 6 (1) points b and  f GDPR.

5. Duration of Data storage/restricted

We process your personal data as long as this is necessary for the establishment, implementation, performance or processing of your order respectively your purchase contract or for the exercise or fulfillment of the rights and obligations arising from a law.

In addition, we are subject to various retention and documentation obligations in Germany, which result inter alia from the German Commercial Code [“Handelsgesetzbuch”] and the German Tax Code [“Abgabenordnung”]. The periods for storage and documentation specified therein there are between six and ten years. Finally, the storage period is also based on the statutory limitation periods, e.g. according to Section 195 et seqq. German Civil Code [“Bürgerliches Gesetzbuch”] usually three years, but in certain cases can also be up to thirty years.

As soon as the storage of Data is no longer necessary for the execution of the contract with us and there are no statutory retention periods, your Data will be erased immediately, provided there is no reason to believe that erasure affects your interests worthy of protection and that an erasure proves impossible or involves disproportionate effort due to the special nature of the storage in this case the procession of your Data will be restricted.

XI. 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.

XII. 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 i.L., 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.

XIII. 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: 20/04/2020, version 1.5