Privacy Policy

Thank you for visiting our website and for your interest in our company. The protection of your personal data is important to us. The purpose of this privacy policy is to inform you about the processing of your personal data that we collect from you when you visit our website. Our data protection practices are in accordance with the legal regulations of the EU's General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The following privacy policy serves to fulfil the information obligations resulting from the GDPR. These can be found, for example, in Art. 13 and Art. 14 et seq. GDPR.

Controller

The controller within the meaning of Art. 4 No. 7 GDPR is the person who alone or jointly with others determines the purposes and means of the processing of personal data.

For our website, the controller is:

Brand France (siège social)
256 Allée de Fétan
01600 TREVOUX
France

E-Mail: accueil@brandfrance.fr

As of: August 2021

Data protection officer

We have appointed a data protection officer according to Art. 37 GDPR. You can reach our data protection officer under the following contact details:

Brand France (siège social)
256 Allée de Fétan
01600 TREVOUX
France

E-Mail: accueil@brandfrance.fr

 

Provision of the website and creation of log files

Every time our website is accessed, our system automatically collects data and information from the respective device (e.g. computer, mobile phone, tablet, etc.).

Which personal data are collected and to what extent are they processed?

(1)   Information about the browser type and version used;

(2)   The operating system of the respective device;

(3)   Host name of the accessing computer;

(4)   The IP address of the respective device;

(5)   Date and time of access;

(6)   Websites and resources (images, files, another page content) that were accessed on our website;

(7)   Websites from which the user's system accessed our Internet site (referrer tracking);

(8)   Message as to whether the retrieval was successful;

(9)   Volume of data transferred

This data is stored in the log files of our system. A storage of this data together with personal data of a specific user does not take place, so that individual site visitors are not identified.

Legal basis for the processing of personal data

Art. 6 para. 1 lit. f GDPR (legitimate interest). Our legitimate interest is to ensure the achievement of the purpose described below.

Purpose of data processing

The temporary (automated) storage of the data is necessary for the course of a website visit to enable delivery of the website. The storage and processing of personal data is also carried out to maintain the compatibility of our website for as many visitors as possible and to combat misuse and troubleshooting. For this purpose, it is necessary to log the technical data of the retrieving computer in order to be able to react as early as possible to display errors, attacks on our IT systems and/or errors in the functionality of our website. In addition, we use the data to optimize the website and to generally ensure the security of our information technology systems.

Duration of storage

The deletion of the aforementioned technical data takes place as soon as they are no longer needed to ensure the compatibility of the website for all visitors, but no later than 3 months after accessing our website.

Right to object and erasure

You can object to the processing at any time according to Art. 21 GDPR and request the erasure of data according to Art. 17 GDPR. You can find out which rights you have and how to exercise them in the lower section of this privacy policy.

Special functions of the website

Our website offers you various functions, during the use of which personal data is collected, processed and stored by us. In the following, we explain what happens with this data:

Contact form

Which personal data are collected and to what extent are they processed?

The data you have entered in our contact form, which you have entered in the input mask of the contact form.

Legal basis for the processing of personal data

Art. 6 para. 1 lit. a GDPR (consent through clear confirmatory action or behavior).

Purpose of data processing

We will use the data recorded via our contact form or via our contact forms only for processing the specific contact request received through the contact form. Please note that in order to fulfill your contact request, we may also send you e-mails to the address provided. The purpose of this is that you can receive a confirmation from us that your request has been correctly forwarded to us. Sending this confirmation email is not mandatory for us and is for your information only.

Duration of storage

After processing your request, the collected data will be deleted immediately, unless there are legal retention periods.

Right to object and erasure

The objection and erasure options are based on the general regulations on the right of objection and erasure under data protection law described below in this privacy policy.

Need to provide personal data

The use of the contact forms is on a voluntary basis and is neither contractually nor legally required. You are in no way obligated to contact us via the contact form, but can also use the other contact options provided on our site. If you wish to use our contact form, you must fill in the fields marked as mandatory. If you do not fill out the required information of the contact form, you can either not send the request or we can unfortunately not process your request.

Login area /Registration

Which personal data are collected and to what extent are they processed?

The registration and login information you enter with us or that we provide to you.

Legal basis for the processing of personal data

Art. 6 para. 1 lit. b GDPR (implementation of (pre-)contractual measures).

Purpose of data processing

You have the option of using a separate login area on our website. In order for us to check your authorization to use the protected area or the protected documents, you must enter your login data (e-mail or user name and password) in the corresponding form. If required, we can send you your login data or the option to reset the password by e-mail upon request.

Duration of storage

The collected data will be stored for as long as you have a user account with us.

Right to object and erasure

You can object to the processing at any time according to Art. 21 GDPR and request the erasure of data according to Art. 17 GDPR. You can find out which rights you have and how to exercise them in the lower section of this privacy policy.

Need to provide personal data

The use of the login area on our site is contractually required for the use of the protected area. The use of the content protected by the login area is not possible without entering the personal data. If you wish to use our login area, you must fill in the fields marked as mandatory (user name and password). The input of the data requires the existence of a user account. It is not possible to log in if the data you have entered is incorrect. If the data entered by you is incorrect or not entered at all, the protected area cannot be used. However, the rest of the site can still be used without login.

 

Newsletter subscription form

Which personal data are collected and to what extent are they processed?

By registering for the newsletter on our website, we receive the e-mail address entered by you in the registration field and, if applicable, further contact data, provided that you communicate this to us via the newsletter registration form.

Legal basis for the processing of personal data

Art. 6 para. 1 lit. a GDPR (consent through clear confirmatory action or behavior).

Purpose of data processing

The data recorded in the registration mask of our newsletter will be used by us exclusively for sending our newsletter, in which we inform you about all our services and our latest developments. After registration, we will send you a confirmation e-mail containing a link that you have to click in order to complete the registration for our newsletter (double opt-in).

Duration of storage

Our newsletter can be unsubscribed at any time by clicking on the unsubscribe link, which is also included in every newsletter. Your data will be deleted by us immediately after unsubscribing, provided that there are no legal retention obligations. Likewise, your data will be deleted by us immediately in the event that your subscription is not completed. We reserve the right to delete without giving reasons and without prior or subsequent information.

Right to object and erasure

The objection and erasure options are based on the general regulations on the right of objection and erasure under data protection law described below in this privacy policy.

Need to provide personal data

If you would like to use our newsletter, you have to fill in the fields marked as mandatory and confirm the e-mail address by clicking on the double opt-in link. The newsletter registration information is neither necessary to enter into a contract with us nor legally binding. They are used exclusively for sending our newsletter. If you do not fill in the mandatory fields, we will unfortunately not be able to provide you with our newsletter service.

Inquiries by email, phone or fax

Which personal data are collected and to what extent are they processed?

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (such as name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

Legal basis for the processing of personal data

If your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures, the processing of this data is based on Art. 6 para. 1 lit. b GDPR. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this was requested.

Purpose of data processing

The information provided by you by e-mail, telephone or fax will be used by us exclusively for the performance of a contract or for the implementation of pre-contractual measures.

Duration of storage

The data you send to us via contact requests will remain with us until you request us to delete it, withdraw your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions - in particular legal retention periods - remain unaffected.

Right to object and erasure

The objection and erasure options are based on the general regulations on the right of objection and erasure under data protection law described below in this privacy policy.

Need to provide personal data

The use of the contact options via e-mail, telephone or fax is voluntary and is neither contractually nor legally required. You are not obliged to contact us via the contact options, but can also use the other contact options provided on our site.

Objection to advertising e-mails

The use of contact data published within the framework of the imprint obligation to send advertising and information materials not expressly requested is hereby prohibited. The operators of the website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Hosting and Content Delivery Networks (CDN)

External hosting

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster's servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated through a website.

The hoster is used for the purpose of contract fulfillment vis-à-vis our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer through a professional provider (Art. 6 para. 1 lit. f GDPR).

Our hoster will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data.

Conclusion of a contract for data processing

To ensure data protection-compliant processing, we have concluded a data processing contract with our hoster.

Statistical analysis of visits to this website - Web tracker

We collect, process and store the following data when this website or individual files on the website are accessed: IP address, website from which the file was accessed, name of the file, date and time of access, amount of data transferred and report on the success of the access (so-called web log). We use this access data exclusively in non-personalized form for the continuous improvement of our Internet offering and for statistical purposes. We also use the following web trackers to evaluate visits to this website:

Google Analytics

Which personal data are collected and to what extent are they processed?

On our site, we use the web tracking service of the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: Google Analytics). Within the scope of web tracking, Google Analytics uses cookies that are stored on your computer and enable an analysis of the use of our website and your surfing behavior (so-called tracking). We carry out this analysis based on the tracking service of Google Analytics in order to constantly optimize our website and make it more accessible. When using our website, data, such as in particular your IP address and your user activities, are transmitted to servers of the company Google Ireland Limited. We carry out this analysis on the basis of Google's tracking service in order to constantly optimize our internet offer and make it better available. Likewise, we need the web tracking for security reasons. Web tracking allows us to track whether third parties are attacking our website. The information from the web tracker enables us to take effective countermeasures and protect the personal data processed by us from these cyber-attacks. By enabling IP anonymization within the Google Analytics tracking code of this website, your IP address will be anonymized by Google Analytics before transmission. This website uses a Google Analytics tracking code that has been extended by the operator gat._anonymizeIp(); to enable only anonymized collection of IP addresses (so-called IP masking).

Legal basis for the processing of personal data

The legal basis for data processing is your consent in our information banner regarding the use of cookies and web tracking (consent through clear confirmatory action or behavior) in accordance with Art. 6 para. 1 lit. a GDPR.

Purpose of data processing

On our behalf, Google will use this information for the purpose of evaluating your visit to this website, compiling reports on website activity and providing us with other services relating to website activity and internet usage. Likewise, we need the web tracking for security reasons. Web tracking allows us to track whether third parties are attacking our website. The information from the web tracker allows us to take effective measures to counteract and protect the personal data we process from these cyberattacks.

Duration of storage

Google will store the data relevant for the provision of web tracking for as long as it is necessary to fulfill the contracted web service. The data collection and storage are anonymized. If there is a reference to a person, the data will be deleted immediately, insofar as this is not subject to any legal retention obligations. In any case, the deletion takes place after the expiration of the retention obligation.

Right to object and erasure

You can prevent the collection and forwarding of personal data to Google (in particular your IP address) as well as the processing of this data by Google by deactivating the execution of script code in your browser, by installing a script blocker in your browser or by activating the "Do Not Track" setting of your browser. You can also prevent the collection of data generated by the Google cookie and related to your use of the website (including your IP address) to 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. Google's security and privacy policy can be found at https://policies.google.com/privacy.

Integration of external web services and processing of data outside the EU

Our website includes tools from companies based in the USA or other third countries that are not secure in terms of data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that in these countries no level of data protection comparable to that in the EU can be guaranteed. For example, US companies are obliged to hand over personal data to security authorities without you, as a data subject, being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

We use the following external web services:

YouTube with enhanced data protection

On our website a web service of the company Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland (hereinafter: Youtube) is loaded. We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to Youtube. The legal basis for the data processing is Art. 6 para. 1 lit. f GDPR. The legitimate interest consists in an error-free function of the website. The data is deleted as soon as the purpose of its collection has been fulfilled. For more information on the handling of the transmitted data, please refer to Youtube's privacy policy: https://policies.google.com/privacy. You can prevent the collection as well as the processing of your data by Youtube by disabling the execution of script code in your browser or installing a script blocker in your browser.

Information on the use of cookies

The purpose of the processing of personal data

We integrate and use cookies on various pages to enable certain functions of our website and to integrate external web services. The so-called "cookies" are small text files that your browser can store on your access device. These text files contain a characteristic string that uniquely identifies the browser when you return to our website. The process of saving a cookie file is also referred to as "setting a cookie". Cookies can be set here both by the website itself and by external web services.

Legal basis for the processing of personal data

Art. 6 para. 1 lit. f GDPR (legitimate interest) respectively Art. 6 para. 1 lit. a respectively Art. 9 para. 1 lit. a GDPR (consent). Which legal basis is relevant can be seen from the cookie table listed below in this section. In general, in the case of cookies that are collected on the basis of a legitimate interest, our legitimate interest is to ensure the functionality of our website and the services integrated on it (technically necessary cookies). In addition, it may be that the cookies increase the user-friendliness of the website and enable a more individualized approach. Here, we have weighed your interests against our interests. With the help of cookie technology, we can only identify, analyze and track individual website visitors if the website visitor has consented to the use of the cookie according to Art. 6 para. 1 lit. a GDPR.

Purpose of data processing

The cookies are set by our website or the external web services to maintain the full functionality of our website, to improve the user experience or to follow the purpose stated with your consent. Cookie technology also allows us to recognize individual visitors by pseudonyms, such as a unique or random IDs, so that we can provide more customized services. Details are listed in the table below.

Duration of storage

The cookies listed below are stored in your browser until they are deleted or, in the case of a session cookie, until the session expires. Details are listed in the following table:

Cookie-Name

Server

Provider

Purpose

Legal basis

Duration of storage

Type

__csrf_token-1

used-forms.com

Shopware

Token for CSRF security function: CSRF Protection ensures that each request from the client to the server is provided with a unique "token" that ensures that the request comes from the client.

Legitimate interest

Session

Secu-rity

session-1

used-forms.com

Shopware

Token for security function: The protection by the session-1 cookie ensures that each request from the client to the server is provided with a unique "token", which ensures that the request comes from the client.

Legitimate interest

Session

Secu-rity

_ga

used-forms.com

Google

This cookie collects anonymized information about how users use this website for analysis purposes.

Legitimate interest

2 years

Analytics

_gid

used-forms.com

Google

Used in conjunction with _ga to distinguish users.

Legitimate interest

1 day

Analytics

_gat

used-forms.com

Google

Used to throttle the polling rate.

Legitimate interest

10 minutes

Security

cookiePreferences

used-forms.com

Shopware

This cookie is used to store the cookie preferences made.

Legitimate interest

6 months

Consent

allowCookie

used-forms.com

Shopware

This cookie is used to stop displaying the cookie banner after deciding on cookie preferences and to save this setting.

Legitimate interest

6 months

Consent

x-ua-device

used-forms.com

Shopware

This cookie is used to adapt the image display to the respective end device (desktop, tablet, smartphone) and to save this setting.

Legitimate interest

Session

Display

 Right to object and erasure

You can set your browser according to your wishes so that the setting of cookies is generally prevented. You can then decide on a case-by-case basis whether to accept cookies or accept cookies in principle. Cookies can be used for various purposes, e.g. to recognize that your access device is already connected to our website (permanent cookies) or to store recently viewed offers (session cookies). If you have expressly given us permission to process your personal data, you can withdraw this consent at any time. Please note that the legality of the processing carried out on the basis of the consent until the revocation is not affected.

Data security and data protection, communication by e-mail

During collection, storage and processing your personal data are protected by technical and organizational measures so that they are not accessible to third parties. In the case of unencrypted communication by e-mail, we cannot guarantee complete data security on the transmission path to our IT systems. Therefore, for information requiring a high level of confidentiality we recommend encrypted communication or the postal service.

eCommerce and payment providers

Processing of data (customer and contract data)

We collect, process and use personal data only to the extent that they are necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures. We collect, process and use personal data about the use of this website (usage data) only to the extent necessary to enable the user to use the service or to bill the user for the use of the service.

The customer data collected will be deleted after the order has been completed or the business relationship has ended. Statutory retention periods remain unaffected.

Data transmission at the conclusion of a contract for online stores, retailers and goods shipment

We transmit personal data to third parties only if this is necessary in the context of the contract, such as to the companies entrusted with the delivery of the goods or the credit institution entrusted with the payment processing. A further transmission of the data does not take place unless you have expressly agreed to the transmission. Your data will not be transmitted to third parties without your express consent, for example for advertising purposes.

The legal basis for the data processing is Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the performance of a contract or for pre-contractual measures.

What rights do you have with regard to your data?

Right of access to information

You have the right to request confirmation as to whether we are processing your personal data. If this is the case, you have a right to access the information mentioned named in Art. 15 para. 1 GDPR, provided that the rights and freedoms of other persons are not impaired (see Art. 15 para. 4 GDPR). We would be happy to provide you with a copy of the data.

Right of rectification

According to Art. 16 GDPR, you have the right to have any incorrect personal data stored with us (such as address, name, etc.) corrected at any time. You can also request a completion of the data stored by us at any time. A corresponding adjustment will be made immediately.

Right to erasure

According to Art. 17 para. 1 GDPR, you have the right to demand that we erase the personal data we have collected about you if:

  • the data is either no longer needed;
  • due to the withdrawal of your consent, the legal ground for the processing no longer applies;
  • you have objected to the processing and there are no overriding legitimate grounds for the processing
  • your data is processed unlawfully;
  • a legal obligation requires this or a collection according to Art. 8 para. 1 GDPR has taken place.

According to Art. 17 para. 3 GDPR the right does not exist if:

  • the processing is necessary for exercising the right of freedom of expression and information;
  • your data has been collected for compliance with a legal obligation;
  • the processing is necessary for reasons of public interest;
  • the data is necessary for the establishment, exercise or defense of legal claims

 

Right to restriction of processing

According to Art. 18 para. 1 GDPR, you have the right in individual cases to request the restriction of the processing of your personal data.

This is the case if

  • you contest the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data
  • the personal data is no longer needed for the purposes of the processing, but they are required for the establishment, exercise or defense of legal claims;
  • an objection to the processing pursuant to Art. 21 para. 1 GDPR has been lodged and it is still unclear which interests prevail.

 

Right of withdrawal

If you have given us express consent to process your personal data (Art. 6 para. 1 lit. a GDPR), you can withdraw this consent at any time. Please note that the lawfulness of the processing carried out on the basis of the consent until the withdrawal is not affected by this.

 

Right to object

According to Art. 21 GDPR, you have the right to object at any time to the processing of your personal data that has been collected on the basis of Art. 6 para. 1 lit. e or lit. f GDPR. You only have this right if there are special circumstances against the storage and processing.

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection according to Article 21 para. 2 GDPR).

 

Right to data portability

According to Art. 20 GDPR, you have the right to request the transfer of your personal data. The data will be provided by us in a structured, commonly used and machine-readable format. The data can be sent either to you or to a controller named by you.

According to Art. 20 para. 1 GDPR, upon request, we provide you with the following data:

  • Data collected on the basis of explicit consent according to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR;
  • Data that we have received from you in accordance with Art. 6 para. 1 lit. b GDPR in the context of existing contracts;
  • Data that has been processed as part of an automated procedure.

We will transfer the personal data directly to a controller of your choice, as far as this is technically feasible. Please note that we may not transfer data that interferes with the freedoms and rights of other persons according to Art. 20 para. 4 GDPR.

 

Right to lodge a complaint with a supervisory authority according to Art. 77 para. 1 GDPR

If you suspect that we process your data unlawfully, you can of course bring about a judicial clarification of the problem at any time. In addition, every other legal option is open to you. Regardless of this, you have the option of contacting a supervisory authority in accordance with Art. 77 para. 1 GDPR. You have the right to lodge a complaint in accordance with Art. 77 GDPR in the EU member state of your place of residence, your place of work and / or the place of the alleged violation, i.e. you can choose the supervisory authority you are contacting from the above locations. The supervisory authority to which the complaint was submitted will then inform you of the status and results of your entry, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.

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