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Privacy policy

This privacy policy describes how your personal data is collected, used and disclosed when you visit gentlemens.de (the "Website") or make a purchase.

1. Data Collection and Use

When you use the Website purely for informational purposes — that is, when you do not register or otherwise provide us with information — we only collect the personal data that your browser transmits to our server. When you view our Website, we collect the following data, which is technically necessary for us to display the Website to you and to ensure stability and security: IP address, date and time of the request, time zone difference from Greenwich Mean Time (GMT), content of the request (the specific page), access status/HTTP status code, the amount of data transferred, the website from which the request originates, browser, operating system and its interface, language and version of the browser software, and some of the cookies installed on your device. In addition, while you browse the Website, we collect information about the individual pages or products you view, which websites or search terms you used to reach the Website, and information about how you interact with the Website. We refer to this automatically collected information as "Device Information".

1.1 We collect Device Information using the following technologies

1.1.1 Cookies

To make visiting our website appealing and to enable the use of certain features, we use cookies. These are small text files that your web browser receives and stores on your computer when you visit our pages. Some cookies are deleted as soon as you close your browser. Other cookies remain permanently on your computer and allow us to recognise you, or your computer, on your next visit to our website.

This website uses the following types of cookies, the scope and function of which are explained below:

a) Transient cookies, which are automatically deleted when you close your browser. These include, in particular, session cookies. These store a so-called session ID, which allows the various requests from your browser to be assigned to the shared session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.

b) Persistent cookies, which are automatically deleted after a predetermined period, which may vary depending on the cookie. You can delete cookies at any time via your browser's security settings.

You can influence the use of cookies by changing your browser settings. Most browsers offer an option to restrict or prevent the storage of cookies. Each browser manages cookie settings differently, as described in the relevant help menu of your browser.

You can find these settings for the respective browsers at the following links:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Safari: https://support.apple.com/kb/ph21411?locale=de_DE

Please note, however, that disabling cookies may mean that only limited functions of the website are available to you.

The legal basis for the use of cookies is Art. 6(1)(f) GDPR.

1.1.2 "Log files" track actions taking place on the Website and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.

1.1.3 "Web beacons", "tags" and "pixels" are electronic files used to record information about how you browse the Website.

1.2 Collection of Personal Data on Registration / Order

When you make, or attempt to make, a purchase through the Website, we additionally collect certain information from you, including your name, billing address, delivery address, payment information (including credit card numbers), email address, and telephone number. We refer to this information as "Order Information". During the order process, you are asked whether you have noted and agree to this privacy policy, which you confirm by ticking the relevant box. By doing so, you consent to your personal data being used for the following purposes: processing orders, sending direct marketing (e.g. by email, parcel insert or post), sending offers and vouchers, sending review requests, and sending our newsletter.

Where processing is based on your consent, the legal basis is Art. 6(1)(a) GDPR; where registration serves the performance of a contract or the taking of pre-contractual steps with you, Art. 6(1)(b) GDPR additionally applies.

2. Purposes of Processing Personal Data

We store your data only for the following purposes: to process orders (including payment processing and, where applicable, credit checks), to send you marketing communications from us, and for customer service.

We store and process your personal data at our central company headquarters.

Your personal data is only disclosed to third parties where this is necessary for the purposes of performing the contract, or for billing or debt-collection purposes (e.g. shipping companies or payment service providers), or where you have expressly consented.

The legal basis for disclosing data to third parties for the purposes of contract performance or billing is Art. 6(1)(b) GDPR, and for disclosure in cases required by law, Art. 6(1)(c) GDPR.

3. Duration of Data Storage

We store your data for as long as is necessary for the respective purpose, taking your legitimate interests into account. Where certain data processed for the performance of purchase contracts is subject to a statutory retention period under tax law, the data is stored for 6 or 10 years, as applicable. During this period, processing of the data is restricted after 2 years, meaning the data is only used to comply with legal obligations. The retention obligation begins at the end of the calendar year in which the order was placed by the customer or the contract was performed.

4. Disclosure of Personal Data to Third Parties

In accordance with statutory requirements, we may disclose your personal data to the following categories of companies/persons: external service providers and professional advisers such as lawyers, auditors, accountants, credit reference agencies, debt-collection service providers, postal/shipping providers and carriers (e.g. UPS, DHL, Deutsche Post), and payment providers such as PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg; Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden; (Amazon Pay) Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg; (Apple Pay) Apple Distribution International, Hollyhill Industrial Estate, Hollyhill Cork, Ireland; Shopify Payments, 126 York Street, Suite 200, Ottawa, ON, Canada, K1N 5T5; Google Pay (Europe), Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

4.1 E-Commerce Platform Shopify

We use Shopify, a service of Shopify Inc., 126 York Street, Suite 200, Ottawa, ON, Canada, K1N 5T5, to operate our online shop. This service provides an e-commerce platform through which we offer our goods for sale. Data transmitted as part of your order is stored on a Shopify server in the USA. Shopify has committed itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Further information on data protection can be found in Shopify's privacy notices at http://www.shopify.com/legal/privacy.

The legal basis for disclosing data to third parties for the purposes of contract performance or billing is Art. 6(1)(b) GDPR, and for disclosure in cases required by law, Art. 6(1)(c) GDPR.

4.2 Klarna

To enable payment via Klarna, your personal data (contact and delivery details) may be transmitted to Klarna. This is necessary so that Klarna can assess your eligibility to use this payment method. Personal data transmitted to Klarna is processed in accordance with Klarna's privacy policy.

4.3 Shipping Partner

For the purposes of shipping, order-related data (contact and delivery details) may be transmitted to our shipping partner:

Zenfulfillment GmbH
Tempelhofer Damm 227
12099 Berlin

Represented by:
Daniel Werner
Johannes Humpert

Contact:
Phone: +49 30 577 146 00
Email: hello@zenfulfillment.com

4.4 Contact Form

If you send us enquiries via our contact form, we use your data exclusively to process your enquiry. This data is not used for marketing purposes, nor is it disclosed to third parties.

The legal basis for processing data submitted via the contact form or by email is Art. 6(1)(f) GDPR. Where the contact also aims at the conclusion of a contract, the additional legal basis for processing is Art. 6(1)(b) GDPR.

Data you enter into the contact form is stored by us until you request its deletion, withdraw your consent to its storage, or the purpose for storing the data no longer applies.

4.5 Newsletter

(1) With your consent, you may subscribe to our newsletter, through which we inform you about our offers. The goods and services advertised are specified in the consent declaration.

(2) For newsletter sign-up, we use the so-called double opt-in procedure. This means that after you sign up, we send an email to the address you provided, asking you to confirm that you wish to receive the newsletter. If you do not confirm your sign-up within 24 hours, your information is blocked and automatically deleted after one month. We also store the IP addresses you used and the times of sign-up and confirmation. The purpose of this procedure is to be able to prove your sign-up and, where necessary, clarify any possible misuse of your personal data.

(3) The only mandatory information required to send the newsletter is your email address. Providing any further, separately marked information is voluntary and is used to address you personally. After your confirmation, we store your email address for the purpose of sending the newsletter. The legal basis is Art. 6(1) sentence 1(a) GDPR.

(4) You may withdraw your consent to receive the newsletter and unsubscribe at any time. You can do this by clicking the unsubscribe link provided in every newsletter email, by email to (datenschutz@gentlemens.de), or by sending a message to the contact details given in our Legal Notice.

We use the service Klaviyo, provided by Klaviyo Inc, Boston, USA, to send our newsletters. The data stored on newsletter sign-up (email address, name if provided, IP address, date and time of sign-up) is transferred to a Klaviyo Inc. server in the USA and stored there in accordance with the "U.S. Privacy Shield". Further information on data protection at Klaviyo can be found at: http://klaviyo.com/privacy/ and https://www.klaviyo.com/legal/data-processing-agreement.

(5) Please note that we evaluate your usage behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the purposes of this evaluation, we link the data referred to in §3 and the web beacons with your email address and an individual ID. Using the data obtained in this way, we create a user profile in order to tailor the newsletter to your individual interests. In doing so, we record when you read our newsletters, which links you click within them, and draw conclusions about your personal interests.

Right to Object
You may object to this tracking at any time by clicking the separate link provided in every email, or by informing us via another means of contact, e.g. email: datenschutz@gentlemens.de. The information is stored for as long as you remain subscribed to the newsletter. After unsubscribing, we retain the data on a purely statistical and anonymous basis. Such tracking is also not possible if you have disabled the display of images by default in your email programme. In this case, the newsletter will not be displayed in full and you may not be able to use all its features. If you display images manually, the tracking described above will take place.

4.6 Use of Omnia

We use the platform Omnia Solutions GmbH, Im Kolbengarten 14, 69123 Heidelberg, Germany ("Omnia") as a processor under Art. 28 GDPR to handle returns, exchange and warranty processes, together with the associated customer communication and internal analysis. This involves processing names, contact details, order and return information, shipment and warehouse data relating to our end customers, data of delivery and logistics partners, and customer service cases; processing extends to storing, organising, communicating, analysing and deleting this data, and is limited to the duration of the contract. The legal basis is Art. 6(1)(b) GDPR (performance of a contract), as processing is necessary for the performance of the purchase contract, including any return, exchange or warranty process, Art. 6(1)(f) GDPR (legitimate interest), and Art. 6(1)(c) GDPR (statutory retention obligations).

Omnia makes use of selected sub-processors for this purpose, including Google Cloud (EU hosting), SendGrid and OpenAI (USA); Standard Contractual Clauses or the EU-US Data Privacy Framework apply to transfers to third countries, ensuring an adequate level of data protection. To protect your data, Omnia implements appropriate technical and organisational measures, including TLS-encrypted transmission, a role-based access control system with two-factor authentication, backups within the EU, and continuous system monitoring with alerting. We generally delete personal data relating to individual returns three years after the process is completed; commercial and tax-related records are retained for ten years. All data processed by Omnia is deleted no later than one year after termination of the service agreement for the use of Omnia, or after full deactivation of the Omnia service, unless statutory retention obligations require otherwise.

Data subjects may exercise their rights to access, rectification, erasure, restriction, data portability and objection at any time against us or our data protection officer (contact details above); we support these requests together with Omnia in accordance with Art. 28(3) GDPR.

4.7 Analytics Tools

4.7.1 Use of Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies" — text files stored on your computer — which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. Where IP anonymisation is activated on this website, your IP address will first be shortened by Google within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide further services relating to website and internet use to the website operator.

The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.

You can prevent the storage of cookies through the appropriate settings in your browser software; however, we would point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

This website uses Google Analytics with the "_anonymizeIp()" extension. This means IP addresses are processed in shortened form, ruling out any link to an identifiable individual. Where the data collected about you would otherwise allow such identification, this is therefore excluded immediately and the personal data is deleted without delay.

We use Google Analytics to analyse and continually improve the use of our website. The statistics obtained allow us to improve our offering and make it more relevant for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has committed itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http://www.google.com/analytics/terms/de.html, privacy overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and privacy policy: http://www.google.de/intl/de/policies/privacy.

4.7.2 Use of Hotjar

Our website uses Hotjar, an analytics software provided by Hotjar Ltd., 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta (http://www.hotjar.com), which enables us to analyse your use of the website. Hotjar uses cookies and a tracking code, through which the data collected is transmitted to the Hotjar server. This data primarily consists of device-related information, such as IP address, screen size, device type and browser information (including type and version), your geographic location, and your language setting. Where you have provided us with your email address together with your first and last name, this information may also be transmitted. Regularly, user interaction — such as mouse movements, pages visited, and the date and time of use — is also transmitted to Hotjar. Your IP address is automatically anonymised by Hotjar and stored only in this form. Website users are additionally assigned a "unique user identifier" (UUID), allowing Hotjar to recognise returning users of our website without linking this to your personal data.

Via the link https://www.hotjar.com/opt-out, you can prevent the collection and use of your data by Hotjar.

4.7.3 Right to Object

The legal basis for the use of analytics tools is Art. 6(1) sentence 1(f) GDPR.

You may object at any time, with future effect, to the collection and storage of data for the purposes of usage analysis by notifying us of your objection.

4.8 Facebook

We use the "Facebook Connect" service provided by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA ("Facebook") on our website. We offer you the option to sign in to our website using Facebook Connect, provided you have a Facebook profile and give us your express consent to exchange data with Facebook. No additional registration is required in this case. To sign in, you are redirected to the Facebook website, where you can log in using your Facebook credentials. This causes your browser to establish a direct connection to Facebook's servers, linking your Facebook profile with our service. Through this link, Facebook is informed that your browser has accessed the relevant page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. Depending on your privacy settings on Facebook, this link automatically provides us with the following information from Facebook Inc.: name, email address, date of birth, address, Facebook name, user ID, age, gender, and, where applicable, your profile picture, friends list and "likes". Of this data, we use only your name, email address, date of birth and address, to create a user account, provided you have made this information available to us via Facebook. This information is required in order to conclude a contract and to identify you.

Further information on Facebook Connect and privacy settings can be found in the privacy notices and terms of use of Facebook Inc. at http://www.facebook.com/policy.php.

If you do not want Facebook to link the data obtained via our website with your Facebook profile, you must log out of Facebook before visiting our website. You can also block the Facebook Connect plug-in using browser add-ons.

Withdrawal
Consent given for the exchange of data via Facebook Connect can be withdrawn at any time, with future effect, by sending us a message (contact details below).

4.9 Remarketing / Retargeting

(1) On our website, we use "Custom Audiences" provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") for retargeting/remarketing purposes. This service uses so-called tracking or remarketing pixels — pixel image files that enable log file analysis. By using these pixels, the service provider can see when and how many users have accessed the pixel, and whether and when an email was opened or a website visited.

(2) This service allows interest-based advertisements ("Facebook Ads") to be displayed to users of our website when they visit the social network Facebook, or other websites that also use this technology. Our aim in doing so is to show you advertising that is likely to be of interest to you, in order to make our website more relevant for you. When you visit our website, the pixel establishes a direct connection to Facebook's servers. This enables Facebook to identify you via your browser ID, as this may be linked to your user account. We have no influence over the extent and further use of the data collected by Facebook through the use of this tool and therefore inform you to the best of our knowledge: through the integration of Facebook Custom Audiences, Facebook is informed that you have accessed the relevant page of our website, or clicked on one of our adverts. Where you are registered with a Facebook service, Facebook may be able to attribute the visit to your account. Even if you are not registered with, or logged into, Facebook, it is possible that the provider may obtain and store your IP address and other identifying information.

(3) Logged-in users can disable the "Facebook Custom Audiences" function at https://www.facebook.com/settings/?tab=ads.

(4) The legal basis for processing your data is Art. 6(1) sentence 1(f) GDPR. Further information on data processing by Facebook is available at https://www.facebook.com/about/privacy/.

Right to Object
If you do not want to be shown advertising generated by the relevant targeting service, you may object to the use of retargeting technology on our website by sending us a message at datenschutz@gentlemens.de.

As described above, we use your personal data to send you targeted advertising or marketing communications that we believe may be of interest to you. For further information on how targeted advertising works, you can visit the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising here:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

You can also opt out of some of these services via the Digital Advertising Alliance's opt-out portal at http://optout.aboutads.info/.

4.10 Google Tag Manager

We use the Google Tag Manager service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Tag Manager allows marketers to manage website tags through a single interface. A "tag" refers to a piece of code that marks or labels a dataset. The Tag Manager itself, which implements the tags, operates without cookies and does not collect any personal data. The tags set up via Google Tag Manager merely trigger the collection of data, which is then passed on to the target system. Because the data is only passed through, the system itself does not collect or store the data it identifies. Google Tag Manager thus only triggers other tags, which may in turn collect data. Explanations of these respective third-party providers can be found elsewhere in this privacy policy. Google Tag Manager does not use this data. If you have disabled or otherwise configured your cookie settings, this will be respected by all tracking tags implemented via Google Tag Manager — the tool itself does not change your cookie settings.

Google may ask you for permission to share certain product data (e.g. your account information) with other Google products, in order to enable certain features — for example, to simplify adding new conversion-tracking tags for AdWords. Google's developers may also periodically review product-usage information in order to further optimise the product. However, Google will not share this type of data with other Google products without your consent.

Further information can be found in Google's terms of use and Google's privacy notices for this product.

4.11 Klar Attribution

We use the services of Klar (Klar Insights GmbH, Marktstr. 18, 80802 Munich, Germany) on our website. Klar collects, processes and stores data on this website and its sub-pages for the purposes of reach measurement and statistical analysis on our behalf. This collection takes place on the following legal basis:

  • Where the user has not given consent, data is collected anonymously — that is, without collecting personal or personally identifiable data — and on a grouped basis, meaning collected data is randomly assigned to groups of users. It is therefore not possible to draw conclusions about individual users. This anonymous collection is mandatory under § 25(2) No. 2 TTDSG in order to optimise business costs and thereby ensure the desired service.
  • Where the user has given consent under Article 6(1) sentence 1(a) GDPR and § 25(1) sentence 1 TTDSG, the data processed is collected on a user-specific basis.

Different cookies are used for the collection methods described above, in order to ensure the relevant type of collection.

Cookie objection: to object generally to the use of Klar, please use this link. This will set a cookie named "do_not_track" on the domain "gentlemens.de". Please do not delete this cookie, as otherwise we cannot guarantee that you will not be tracked by Klar.

Information on data protection and data use by Klar can be found at the following website: https://www.getklar.com/data-protection

4.12 Trustpilot (Reviews)

We use Trustpilot as a platform for collecting customer feedback. For this purpose, we send review invitations following a purchase.

Recipient/service provider: Trustpilot A/S, Pilestraede 58, 5th Floor, 1112 Copenhagen K, Denmark ("Trustpilot").

Purpose of processing: sending a review invitation by email, and collecting feedback, in order to improve our service and our products.

The categories of data transmitted are your full name, email address, and a reference/order number (e.g. order ID).

Where Trustpilot sends review invitations and collects feedback on our behalf, Trustpilot acts as a processor and we act as controller. Accordingly, a data processing agreement (Art. 28 GDPR) is in place as part of Trustpilot's customer terms.

Please note: for processing connected with use of the Trustpilot platform itself (e.g. a user submitting or publishing a review), Trustpilot may itself act as controller, depending on the specific processing activity.

Where a review invitation is to be classified as a marketing email, it is sent on the basis of your consent under Art. 6(1)(a) GDPR (where applicable, in conjunction with the requirements of competition law).

You may withdraw your consent at any time, with future effect, or object to receiving review invitations, in particular via the unsubscribe link in the relevant invitation, or by contacting our Customer Service.

Further information on the processing of personal data by Trustpilot (in particular in connection with the Trustpilot platform) can be found in Trustpilot's privacy notices.

5. Data Security

We have implemented a range of security measures to protect your personal data. Our servers and databases are protected by physical and technical measures, among others.

We use standard SSL encryption technology when collecting and transmitting data via our website. Personal data is transmitted via SSL encryption during the order process, recognisable by the padlock symbol in your browser and the "https://" prefix in the address bar.

With encrypted communication, your payment data cannot be read by third parties. Where communication takes place by email, 100% data security cannot be guaranteed.

6. Other

6.1 Currency Conversion and Language

By using our website, you consent to third parties processing your IP address and your browser's language setting, in order to determine your location for the purposes of currency conversion and language settings. You also consent to this currency and language being stored in a session cookie in your browser (a temporary cookie that is automatically removed when you close your browser). We do this so that your selected currency remains selected and consistent while browsing our website, allowing prices to be converted into your local currency.

6.2 Children and Young People

This website is not intended for persons under 18 years of age.

7. Your Rights

To exercise your rights, you can use our contact form or contact the data protection officer or controller listed below.

You have the following rights:

Withdrawal of consent
You may withdraw your consent to the processing of personal data at any time, with future effect. The contact options listed below are available to you for this purpose.

Further rights
In addition, you have the following rights in relation to your personal data:

  • right of access,
  • right to rectification,
  • right to erasure or restriction of processing,
  • right to object to processing,
  • right to data portability,
  • right to lodge a complaint with a data protection supervisory authority regarding the processing of your personal data.

8. Name and Contact Details of the Controller

For further information about our data protection practices, if you have questions, or if you wish to lodge a complaint, please contact us by email at datenschutz@gentlemens.de.

The controller responsible for the management of personal data is:

The Gentlemen's Company Germany GmbH
Rudolf-Wild-Straße 73
69214 Eppelheim
Germany

Managing Directors: Tobias Robl and Samed Güner
Phone: +49 6221 7333014
Email: datenschutz@gentlemens.de

Contact details of the Data Protection Officer

Our Data Protection Officer can be reached at:
Email: datenschutz@gentlemens.de

9. Changes to this Privacy Policy

We reserve the right to update this privacy policy at any time, for example to reflect changes to our practices or for other operational, legal or regulatory reasons. Any changes to this privacy policy will be published on this website and will automatically take effect 30 days after publication. We will inform you by email of any material changes to this privacy policy.