Data Protection & Security

PRIVACY STATEMENT

This website is a joint project of THE RETAIL PEOPLE AG and JEANS.CH AG, all of which have their registered office in Bruggacherstrasse 8, 8117 Fällanden. This cooperation is the website operator of shirtery.ch, jeans.ch, bebasic.ch and mcjeans.ch and the provider of the services offered on these websites. As a consequence, it is responsible for the collection, processing and use of your personal data as well as for the compliance of the data processing with the applicable data protection regulation.

Your trust is important to us, which is why we take the topic of data protection seriously and ensure appropriate security. It goes without saying that we comply with the statutory provisions under the Data Protection Act (DSG), the Ordinance to the Federal Act on Data Protection (VDSG), the Telecommunications Act (FMG) and any other applicable data protection regulations of Swiss or EU law, and, in particular, with the provisions of the General Data Protection Regulation (GDPR).

In all aspects concerning the protection of your personal data, please get in touch with us using the following contact options. Party responsible pursuant to the GDPR: THE RETAIL PEOPLE AG, Bruggacherstrasse 8, CH-8117 Fällanden, Email: datenschutz@shirtery.ch, Tel.: 044 533 50 53.

Please read the following information so that you know which personal data we collect and for which purposes they are used.

1. Access to our website

When visiting our website, our servers temporarily store every access in a log file. Every time a connection is established with a web server, the following technical data are collected, without any action on your part, and retained until the time of their automated deletion after no more than three months:

  • IP address of the computer sending the request

  • Name of the IP address owner (usually your internet access provider)

  • Date and time of the access

  • Website from which our websites have been accessed (referrer URL); including, where appropriate, the used search term

  • Status code (e.g. error message)

  • Your computer's operating system

  • Your web browser (type, version and language)

  • Your transmission protocol (e.g. HTTP/1.1)

  • Where applicable, your user name from a registration/authentication

These data are collected and processed for the purposes of enabling the use of our website (establishing the connection), ensuring permanent system security and stability and improving our internet offer. Besides, we collect and process these data for internal statistics. This constitutes our legitimate interest in the processing of data pursuant to Art. 6 Sec. 1 lit. f GDPR.

2. Creation of a customer account

If you want to place an online order, you may order as a guest or set up a customer account. When you register for a customer account, we collect the following data:

  • Form of address

  • First and last name

  • Postal address

  • Date of birth

  • Email address

  • Password

In case of Click&Collect orders, we also need your telephone number so that we will be able to send you a text message as soon as your order is ready for pick-up. The data are collected for the purpose of providing the customer with direct and password-protected access to his/her basic data. The customer may access his/her account to check his/her completed and pending orders and to manage and/or change his/her personal data.

The legal basis for the processing of your data for this purpose results from the consent given by you pursuant to Art. 6 Sec. 1 lit. a EU GDPR.

3. Online shopping

If you want to place orders in our online shop, we need the following data to perform the contract:

  • Form of address

  • First and last name

  • Billing address (and, if different, shipping address)

  • Payment-related data (depending on the selected method of payment)

  • Login data, i.e. email address and password (if the customer is registered)

Unless otherwise specified in this Privacy Statement and/or unless we have obtained your separate consent, the aforementioned data will be used exclusively for performing the contract, i.e. for processing your orders, delivering the respective products and assuring correct payment.

The legal basis for the processing of your data for this purpose is the performance of a contract pursuant to Art. 6 Sec. 1 lit. b EU GDPR.

4. Disclosure of your data to third parties

We will not disclose your personal data unless we have obtained your explicit consent, unless required by law or unless required in order to enforce our rights, which applies, in particular, to the assertion of claims resulting from the contractual relationship.

Moreover, we will disclose your personal data to third parties if required within the framework of the use of our website and order processing (also outside the website), especially for processing your bookings. Such third parties include the respective transport service provider commissioned with the shipment of your goods. A service provider to whom the personal data collected on the website are disclosed and/or who has or may have access to such data is our web host – PROLINK internet communications GmbH, Merzhauser Str. 4, D-79100 Freiburg. The website is hosted on servers in Germany. The data are disclosed for the purpose of providing and maintaining the functionalities of our website. This constitutes our legitimate interest pursuant to Art. 6 Sec. 1 lit. f EU GDPR.

If we make an advance payment, e.g. when purchases are made on account, we are entitled to get in touch with a credit agency to obtain a credit record based on mathematical and statistical procedures. This is done for the safeguarding of our legitimate interests. Hence, we will disclose the personal data required for a credit assessment to the following credit agency: Intrum Justitia AG, Schwerzenbachstraße 13, 8603 Schwerzenbach. The provided information on the statistical probability of default will be used to make a carefully considered decision with regard to the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) calculated on the basis of scientifically recognised mathematical and statistical procedures. This calculation will also include address details. Your interests worthy of protection will be considered in accordance with the statutory provisions. Our legitimate interest in data processing for the aforementioned purposes results from Art. 6 Sec. 1 lit. f EU GDPR.

When you make an online credit card payment, we will disclose your credit card data to the credit card issuer and acquirer. If you choose to pay by credit card, you will be asked to enter all mandatory data. The legal basis for the disclosure of your data is the performance of a contract pursuant to Art. 6 Sec. 1 lit b EU GDPR. As regards the processing of your credit card information by third parties, we ask you to read the general terms & conditions and the privacy notice of your credit card issuer. 

5. International data transfer

As regards the data-processing purposes described in this Privacy Notice, we are entitled to transmit your personal data to third companies (contracted providers) established abroad. The data protection obligations these providers are bound by correspond to our obligations. In the event that a country's level of data protection differs from the Swiss and/or European level, we assure – by means of respective contracts – that your personal data will always be protected in compliance with the level of protection in Switzerland and/or the EU.

6. Cookies

There are many ways in which cookies help make your visit of our website easier, more convenient and more appropriate. Cookies are files that gather information. When you visit our website, your web browser automatically stores them on your computer's hard drive.

Amongst other things, the cookies we use allow us to offer you the shopping card function across several pages and to temporarily store the data you entered into a form on the website so that you will not have to re-enter your data when visiting another subpage. Where applicable, cookies are also used to identify you as a registered user once you have registered on our website. Thus, you do not have to log in again when visiting another subpage.

Most internet browsers accept cookies by default. However, you can change your browser settings to keep cookies from being saved on your computer or to have a message displayed whenever you receive a new cookie. The following pages explain how to configure the processing of cookies with the most common browsers:

If you disable cookies, you may not be able to use all the functions of this website.

7. Newsletter

If you sign up for our newsletter, we will use the data required for this purpose or separately provided by you in order to send you our regular email newsletter. You can always unsubscribe from our newsletter either by sending us a notification using the contact details listed in the Legal Notice or by clicking on the intended link in the newsletter.

8. Third-party services

a) General

For the purposes of improving of our website in a needs-based and continuous manner, we use the Google Analytics web analysis service. This involves the creation of pseudonymised user profiles and the storage of small text files (cookies) on your computer. The information on your use of this website generated by the cookie is transmitted to the server of this service provider, where it is saved and processed for us. It is possible that we obtain the following information in addition to the data listed in section 1:

  • The user's navigation path through the website

  • Time spent on the website or subpage

  • Subpage from which the website is left

  • Country, region or city from which the website is accessed

  • Device (type, version, colour depth, resolution, width and height of the browser window)

  • Returning or new visitor

We use this information to analyse the use of our website, to compile reports on the website activities and to render further services related to the website and internet use for purposes of market research and an appropriate website design.  These data may be transmitted to third parties if required by law or if processed by third parties on our behalf.

b) Google Analytics

This website uses Google Analytics, a web analysis service offered by Google, operated by Google Inc.,1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). It uses this web analysis service to collect and store data that are used to create pseudonymised user profiles. The user profiles created in this way serve to analyse the user behaviour with the objective of appropriately designing and improving the information displayed on this website. Google Analytics uses so-called cookies. These are small text files that are stored on your computer and make it possible to analyse your use of the website. The information about your use of the website generated by the cookie is generally transmitted to a server of Google in the USA and saved there. If IP anonymisation has been activated on this website, your IP address will previously be shortened by Google within the European Union Member States or the other Signatory 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 then shortened. Google will use this information on behalf of the operator to analyse your use of the website, to gather reports about the website activities and to provide the website operator with further services related to the use of the website and the internet. The IP address transferred from your browser within the framework of Google Analytics will not be merged with other Google data. Unless we have obtained the user's separate and explicit consent, the pseudonymised user profiles will not be merged with the user's personal data. You can change the settings of your browser software to keep the cookies from being saved. However, we would like to point out that you may then not be able to use all the functions of this website. Furthermore, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of these data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Google's privacy policy is available at http://www.google.de/intl/de/policies/privacy/. Further information on the terms of use and data protection is available at http://www.google.com/analytics/terms/de.html and/or at http://www.google.com/intl/de/analytics/privacyoverview.html. We point out that this website uses Google Analytics including the "anonymizeIp" add-on, which guarantees the anonymised collection of IP addresses (so-called IP masking).

c) Google Remarketing

This website uses the Remarketing function provided by Google Inc.,1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). This function is used with the objective of displaying interest-based ads to website visitors within the Google Display Network. A so-called cookie is stored in the website visitor's browser. This cookie makes it possible to recognise users in a pseudonymised way when they visit the websites belonging to the Google Display Network. The ads presented to users on these websites refer to the contents they had previously looked up on other websites using the Google Remarketing function. According to their own statements, Google does not collect any personal data during this process. Hence, this results in the carefully considered conclusion that there are no prevailing interests on your part that would prevent this processing (Art. 6 l f GDPR). However, if you want to disable the Google Remarketing function, you can do this at http://www.google.com/settings/ads. Alternatively, you can disable the use of cookies for interest-based advertising via the Network Advertising Initiative following the instructions given at http://www.networkadvertising.org/managing/opt_out.asp.

d) Social media links and social sharing

We have own social network pages with third-party providers accessed via links on this website. When you use these links, your are referred to the respective websites of these third-party providers (such as Facebook, Twitter, Google+) with the option to share our contents. Here, no data transmission will be initiated by the visit of our website. Once you have accessed the website of these third-party providers, you also enter their area of responsibility. As a result, their respective privacy notices and/or declarations relating to the use of data apply. We do not have any influence there, which is why we recommend that you log out of the website of the respective third-party provider before using the respective link. Thus, you prevent any unnecessary data transmissions and the possible creation of user profiles by the third party, triggered by your using the link.     

e) Social plugins

This website uses so-called Social Plugins ("plugins") from the social network Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). These plugins are marked with the Facebook logo or with the following descriptions: "Social Plugin from Facebook" and/or "Facebook Social Plugin". An overview of all Facebook Plugins and their appearance is available at: https://developers.facebook.com/docs/plugins/

When you access a page of our website that includes this type of plugin, your browser will establish a direct connection with the Facebook servers. Facebook will transmit the content of this plugin directly to your browser which will integrate it into the website. As a result of the plugin's integration, Facebook will receive the information that your browser has accessed the respective page of our online presence, even if you are logged out of Facebook or if you do not have a Facebook account. Your browser will transmit this information (including your IP address) directly to a server of Facebook in the USA where it will be saved.  If you have logged in to Facebook, Facebook can assign the visit of our website directly to your Facebook account. When using plugins, e.g. when clicking the "Like" button or leaving a comment, the respective information will also be directly transmitted to a server of Facebook and saved there. Apart from that, the information will be published on Facebook and shown to your Facebook friends. Facebook may use this information for the purposes of advertising and market research as well as for the needs-based design of Facebook pages. To this end, Facebook will create user, interest and relation profiles, e.g. in order to analyse your use of our website with regard to the ads you are shown on Facebook, but also to inform other Facebook users about your activities on our website and to render further services relating to the use of Facebook. If you do not want Facebook to assign the data collected via our website to your Facebook account, you have to log out of Facebook before visiting our website. Information on the purpose and scope of the data collection, on the further processing and use of the data by Facebook as well as on your related rights and the configuration options available for protecting your privacy can be looked up at: http://www.facebook.com/policy.php

f) Trusted Shops Trustbadge

To display our Trusted Shops seal of quality and any reviews, and to offer our customers Trusted Shops products after they have placed an order, the Trusted Shops Trustbadge has been incorporated into this website. This serves the purpose of safeguarding our legitimate prevailing interests – based on the balancing of interests – in the ideal marketing of our offer pursuant to Art. 6 Sec. 1 S. 1 lit. f GDPR. The Trustbadge and the related services are offered by Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When calling up the Trustbadge, the web server will automatically store a so-called server log file that contains, for example, your IP address, the date and time of the access, the transferred data volume and the requesting provider (access data). Besides, it will document the access. These access data will not be analysed, but automatically be overwritten at the latest seven days after you have left the page. Further personal data will not be transferred to Trusted Shops unless you have given your consent, decided to use any Trusted Shops products upon completion of an order or already registered for use. In this case, the contractual agreement between you and Trusted Shops will apply.

g) Sovendus

Voucher offers of Sovendus GmbH: In order to select a currently interesting voucher offer for you, we will transmit your pseudonymised hash value of your e-mail address and your IP-address in encrypted form to Sovendus GmbH, Moltkestrasse 11, D-76133 Karlsruhe (Sovendus) (Art. 6 par. 1 f GDPR). The pseudonymised hash value of your e-mail address is used to consider a possibly existing objection to receive offers from Sovendus (Art. 21 par.3, Art. 6 par. 1 c GDPR). The IP-address will be exclusively used for data security purposes and as a rule the same will be anonymised after seven days (Art. 6 Abs.1 f DSGVO). Furthermore, we will transmit order number, order value with currency, session ID, coupon code, and time stamp in pseudonymised form to Sovendus for billing purposes (Art. 6 Abs.1 f DSGVO). If you are interested in a voucher offer of Sovendus, while there is no objection existing to receive such offers, and if you click on the voucher banner, we will transmit your form of address, your name and your e-mail address in encrypted form to Sovendus to prepare a voucher (Art. 6 par. 1 b, f GDPR).

You will find further information about the processing of your data by Sovendus in their Online Data Protection Notice at www.sovendus.ch/datenschutz.

h) Simplybook.me

We process our appointment bookings using the "simplybook.me" appointment booking service offered by Notando Iceland Ltd, Armuli 4, 108 Reykjavik, Iceland. The data you enter when making an appointment (name, email address and telephone number) are used exclusively for processing your appointment. Further information on the processing of your data by simplybook.me is available at https://simplybook.me/de/booking-system-security

i) Freshdesk

We use the Freshdesk.com customer service software offered by Freshworks GmbH, Alte Jakobstraße 85/86, Hof 3, Haus 6, 10179 Berlin. This service allows us to control the coordination of your enquiries, orders and emails within our team. Further information on the processing of your data by Freshdesk.com is available at https://freshdesk.de/datenschutz/dsgvo/.

j) SALESmanago

This website uses "SALESmanago", a service offered by Benhauer sp. z o.o, ul Grzegórzecka 21, 31-532 Kraków, Poland. This service collects and stores both personal data (name, email address, telephone number, age, name and price of the purchased article) and non-personal data (areas of interest). Cookies may be used for these purposes. These are small text files that are stored locally on the page visitor's device, thus allowing the recognition of the visitor when he/she revisits our websites. This recognition function is used to create user profiles (which are pseudonymised at first) and provide the respective user with customised ads. These user profiles serve to analyse the behaviour of our website visitors. They are used for the improvement and needs-based design of our offer. Unless separate and explicit consent has been given, pseudonymised user profiles will not be merged with personal data about the holder of the pseudonym. With the express consent of the data subject, personal data may also be used for sending emails for customer service and advertising purposes. You can always object, with effect for the future, to the collection and storage of your personal data for web analytics by objecting to the use of cookies on our website. 

k) Profity

Vouchers and special offers: As a thank-you gesture for the orders placed with us, we use Profity, a service offered by our partner, adfocus GmbH, with its registered office in Zug (Switzerland). This service gives you access to vouchers and special offers for your purchase and to further services offered online by other providers. In order for you to be able to access these offers, we incorporate an adfocus reference using an encrypted connection when you place an order on our website. As a result, it is possible to exchange data, especially your Internet Protocol (IP) address – which can be considered personal information – with adfocus. Any personal data exchanged within this framework are used exclusively for the purpose of offering Profity in a permanent, secure and reliable manner (legal bases pursuant to GDPR, to the extent applicable: Art. 6 Sec. 1 lit. b and f GDPR). Further information on the nature, scope and purpose of the data processing can be found in the Privacy Notice of Profity.  

l) Dynamic Tracking

This website uses Dynamic Tracking to collect and store data for marketing and improvement purposes. These data can be used to create pseudonymised user profiles. Cookies can be used for this purpose. Cookies are small text files that are locally stored in the buffer memory of the page visitor's web browser. These cookies allow recognising the internet browser. Without separate consent of the person concerned, the data collected by Dynamic Tracking will not be used to personally identify the visitor of this website. Neither will they be merged with the personal data on the holder of the pseudonym. You can always object, with effect for the future, to the collection and storage of these data.

9. Information on data transfers to the USA

For the sake of completeness, we inform all users residing or having their registered office in Switzerland about the fact that the USA implement surveillance measures stipulated by the US authorities that generally enable the storage of all personal information of all persons whose data have been transmitted from Switzerland to the USA. This is done without any differentiation, restriction or exception in terms of the aim pursued and without an objective criterion that makes it possible to restrict the US authorities' access to the data and their future use to specific and very limited purposes that can justify the intervention related to the access to and use of these data. Apart from that, we point out that the USA do not provide for judicial remedies that allow data subjects from Switzerland to access their personal data and to obtain their rectification or erasure and/or that there is no effective judicial protection against the general rights of access of US authorities. We explicitly inform the data subject about this legal and factual situation so that he/she is able to make an informed decision with regard to the consent to the use of his/her data.

We inform users residing in EU member states that, from the European Union's point of view – inter alia, due to the topics referred to in this section – the USA do not provide an adequate level of data protection. Insofar as this Privacy Notice mentions that recipients of data (e.g. Google) have their registered office in the USA, we will ensure, either by means of contractual agreements with these companies or by ensuring their certification within the EU and/or Swiss-US Privacy Shield Framework, that our partners will provide an adequate level of protection for your data.

10. Right to access, rectification, erasure and restriction of processing; right to data portability

Upon request, you are entitled to be given access to the personal data concerning you. Apart from that, you are entitled to have your personal data rectified if inaccurate or incomplete, or to have them deleted, provided that there is no statutory retention period or permission to process your data that prevent this.

Moreover, you have the right to receive the personal data you provided to us (right to data portability). Upon request, we will also disclose the data to a third party of your choice. You have the right to receive the data in a commonly used format.

In all matters regarding the aforementioned purposes, you can email us at datenschutz@shirtery.ch. As regards the processing of your requests, we are entitled to request proof of identity.

11. Data security

We use appropriate technical and organisational security measures in order to protect the personal data we store against manipulation, partial or complete loss and access by unauthorised third parties. Our security measures are improved on a continuous basis using state-of-the-art technology.

You should always treat your access data with confidentiality and close the browser window once you have terminated your communication with us, especially when you share the computer with others.

We also attach great importance to data protection within the company. Our employees and the service providers commissioned by us are bound by confidentiality obligations and a compliance regime with regard to data protection regulations.

12. Retention of data

We store personal data only for as long as necessary to use the above-mentioned tracking and analysis services and to perform further processing activities within the scope of our legitimate interest. Contractual data are stored for a longer period of time since this is stipulated by statutory retention periods. The retention obligations that oblige us to retain data result from the accounting standards and fiscal provisions. Pursuant to these provisions, business communication, signed contracts and accounting records are to be retained for up to 10 years. If we no longer need these data for performing the services for you, they will be blocked. This means that, in this case, they must only be used for accounting and tax purposes.

13. Right to file a complaint with a data protection authorit

You can always file a complaint with a data protection authority.

14. Contact

In all aspects concerning the protection of your personal data, please get in touch with us using the following contact options. Party responsible pursuant to the GDPR: THE RETAIL PEOPLE AG, Bruggacherstrasse 8, CH-8117 Fällanden, Email: datenschutz@shirtery.ch, Tel.: 044 533 50 53.

Version: V5/04.10.2018

* incl. tax, plus shipping
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