Privacy

I. Name and Address of the Controller

According to the General Data Protection Regulation, the national data protection laws of EU member states and additional data protection regulations, the controller is:

Damasko GmbH
Unterheising 17c
93092 Barbing

Phone: +499401 80481
Fax: +499401 80482
Email: sales@damasko-watches.com

II. General Information on Data Processing

1. Scope of Processing Personal Data
We only process users’ personal data when it is required to provide a fully functional website and for providing content and services. The processing of users’ personal data occurs on a regular basis once the users have given their consent. Exceptions apply in cases where prior consent cannot be obtained for legitimate reasons and the processing of the data is permitted by law.

2. The Legal Basis for Processing Personal Data
Provided consent is given by the data subject for the processing of personal data, Art.6 (1) (a) of the EU’s General Data Protection Regulation (GDPR) shall serve as a legal basis.
Where the processing of personal data required to fulfil an agreement to which the data subject is party, Art.6 (1) (b) of the GDPR shall serve as the legal basis. This also applies to the processing of data that may be required to perform pre-contractual measures.
Where the processing of personal data is required to meet contractual obligations to which our company is subject, Art.6 (1) (c) of the GDPR shall serve as the legal basis.
Where the vital interests of the data subject or any other natural person require the processing of personal data, Art.6 (1) (d) of the GDPR shall serve as the legal basis.
Where processing is required to protect the legitimate interests of our company or a third party and where such interests supersede the fundamental rights and freedoms of the data subject, Art.6 (1) (f) of the GDPR shall serve as the legal basis for processing activities.

3. Data Deletion and Storage Period
The personal data of the data subjects shall be deleted or blocked when the purpose for the data’s storage no longer applies. Furthermore, data may be saved if this action has been accounted for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be deleted or blocked if the storage period stipulated by the applicable standards expires, provided there is no requirement for further storage of the data for the conclusion of an agreement or the provision of services.

III. Provision of Website and Creation of Log Files

1. Description and Scope of Data Processing
Every time you visit our webpage, our system automatically gathers data and information from the system of the accessing computer.

The following data is collected here:

a. Information about the browser type and the version used
b. The user’s operating system
c. The user’s internet service provider
d. The user’s IP-address
e. Date and time of access
f. Websites which direct the user's system to our website
g. Websites accessed by the user's system from our website

This data is also stored in our system’s log files. This data is stored separate from the user’s personal data.

2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Art.6 (1) (f) of the GDPR.

3. The Purpose of Data Processing
The temporary storage of the IP address by the system is required so that the user’s computer can connect to the website. For this purpose, the IP address of the user must be saved for the duration of the web session.
This storage takes place in log files to ensure that the website is functioning correctly. Furthermore, the data stored allows us to optimise the website and to guarantee the safety of information technology systems. The IP addresses are therefore only stored for the purpose of preventing server attacks by excluding IP addresses. The data is not assessed for marketing purposes at this stage.
For this purpose, our legitimate interest in data processing corresponds with Art.6 (1) (f) of the GDPR.

4. Duration of Storage
Data may be deleted when it is no longer required for the purposes for which it was collected. This is the case for data that is collected to ensure the website is functioning correctly after the session has ended.
If the data has been stored in log files, the data shall be deleted no later than after seven days. However, data may be stored for extended periods. In such cases, the users’ IP addresses are deleted or shortened, meaning that the IP address can no longer be traced back to the respective client.

5. Opting out and Deleting
Data collection and the storage of data in log files are absolutely necessary to ensure that the website is fully operational. Consequently, users are unable to opt-out of these features.

IV. Use of Cookies

1. Description and Scope of Data Processing
Our website uses Cookies. Cookies are text files that are saved to your browser or onto the user’s computer system by the internet browser. If a user visits a website, a Cookie may be stored on the user’s operating system. This Cookie contains a unique character sequence that enables a unique identification of the browser when the users reconnect to the website.
We use cookies to make our website more user-friendly. Some features of our website require that the accessing computer can be identified even after moving to another page.

The following data is saved and transmitted in the Cookies:

a. Language settings
b. Items in shopping carts
c. Login details

We also use Cookies on our website that allow us to analyse user preferences and browsing behaviour.

Analysing Cookies means that we can gather the following data:

a. The user’s region
b. Information about the browser type and the version used
c. The user’s operating system
d. The user’s end device
e. Date and time of access
f. Websites which direct the user's system to our website
g. User behaviour on our webpage
h. Information on user orders

The user data collected here is pseudonymised using technical precautionary measures. Therefore, the data collected can no longer be traced back to the connected user. The data is not stored together with any of the user’s personal data.
When you visit our website, an information notice alerts users to the use of cookies for analytical purposes and directs you to this data protection statement. Additionally, there is also guidance on how users can stop the storage of cookies in the browser settings.

2. Legal Basis for Data Processing
The legal basis for the processing of personal data using cookies is Art.6 (1) (f) of the GDPR.

3. Purpose of the Data Processing
We use Cookies that are required for technical purposes to make our website easier to use. Some features of our website cannot be offered without the use of Cookies. Therefore, it is necessary that the browser can be recognised even after moving pages.

We require the use of Cookies for the following purposes:

a. Ensuring the authenticity of the transmitted user data
b. Customising the website’s layout on the user’s end device
c. Assigning shopping cart content and customer data to a user

The user data that was collected by Cookies required for technical purposes is not used to create user profiles.

Analysis Cookies are used to improve the quality of our website and its content. Through these analysis Cookies we learn how the website is used, which allows us to constantly improve our website and services. Analysis Cookies are used for the following purposes:

a. Improving our website on a technical level
b. Improving our website in terms of user guidance
c. Optimising our products
d. Market Analysis
e. Optimising the security of our website

For these purposes, we have a legitimate interest in the processing of personal data pursuant to Art. 6 (1) (f) of the GDPR.

4. Duration of Storage, Right to Object and Right to Rectification
Cookies are saved on the user’s computer and sent by the computer to our website. Therefore, as the user you have full control over the use of cookies. You can limit or completely de-activate the transmission of cookies by changing the settings on your internet browser. Previously saved cookies can be deleted at any time. This can also be done automatically. If you choose to deactivate cookies for our site, you may no longer be able to use the full range of functionality on the site.

V. Newsletter

1. Description and Scope of Data Processing
Our website offers you the opportunity to subscribe to a free newsletter. The user’s email address is transmitted as part of the subscription process.
The email address shall not be forwarded to third parties in connection with any data processing required for the sending of newsletters. The email address shall be used exclusively for the purposes of sending newsletters.

2. Legal Basis for Data Processing
Where the user has given consent to such processing, the legal basis for the processing of data following registration for the newsletter by the user is Art. 6 (1) (a) GDPR.

3. The Purpose of Data Processing
The collection of the user’s email address allows the newsletter to be delivered.

4. Duration of Storage
Data may be deleted when it is no longer required for the purposes for which it was collected. Accordingly, the user’s email address shall be stored for as long as their subscription to the newsletter remains active.

5. Opting out and Deleting
The newsletter subscription may be cancelled by the user concerned at any time. A link is provided in every newsletter for this purpose.

VI. Registration / Ordering

1. Description and Scope of Data Processing
Our website offers users the opportunity to register by supplying personal data. Should the user wish to order without registering, this will also involve the collection of personal data. Data is entered into an input mask, transmitted to us and stored. It will not be forwarded to third parties. The following data is collected as part of the registration and/or ordering process:

a. Whether the user is a private or business customer
b. Title
c. Given names
d. Surname
e. Email address
f. The password you choose for future registration on our website (during registration only)
g. Telephone number
h. Your address
i. a separate delivery address, if it differs from your address

2. Legal Basis for Data Processing
As the data are collected with a view to the conclusion of a contract, or the performance of a contract to which the user is a contractual party, or the taking of steps prior to entering into a contract, the legal basis for the collection of data is Art. 6(1)(b) GDPR. Where no goods are ordered following voluntary registration on the part of the user, Art. 6(1)(f) GDPR functions as an additional legal basis.

3. The Purpose of Data Processing
The user’s data shall be collected and stored for the purposes of fulfilling a purchase contract with the user or to take steps prior to entering into a contract. Storage of registration data pursuant to the foregoing Sections VII.1. a. to i. (also) serves to make it easier for the user to make future orders or requests after the initial contract has expired. It means that this data does not have to be re-entered by the user. Otherwise the user may visit our website without registering in order to obtain information about our product range.

4. Duration of Storage
Data may be deleted when it is no longer required for the purposes for which it was collected.
For data collected during the order process for the purposes of fulfilling a contract or to take steps prior to entering into a contract, this shall be the point at which the data is no longer required for the execution of the contract.
A continuing necessity to store the contractual partner’s personal data may exist following the conclusion of the contract in order to meet contractual or statutory requirements.
Storage of registration data pursuant to the foregoing Sections VII.1. a. to i. also serves to make it easier for the user to make future orders or requests after the initial contract has expired. This registration data will not be deleted until such time as the user cancels their registration (see Section 5 below).

5. Opting out and Deleting
As a user, you have the right to cancel your registration at any time. You may arrange for the data we hold about you to be altered at any time.
You can alter this data in the “My Account” section. Clicking on the appropriate buttons will take the user to a form which they can use to change their personal data, payment method, billing address and delivery address.
The user cannot delete their account themselves. A deletion request must be sent to the address given in Section I. above by post, email, or fax.
To the extent the data is required for fulfilling a contract or to take steps prior to entering into a contract, data may only be deleted prematurely where this is not prevented by contractual or statutory obligations.

VII. Contact Form and Email Contact

1. Description and Scope of Data Processing
Our website includes a contact form which can be used to initiate contact by electronic means. Should a user make use of this function, the data entered into the input mask will be transmitted to us and stored. Specifically, this data includes:

a. Title
b. Given names
c. Surname
d. Email address
e. and if it is provided voluntarily: telephone number
f. the subject chosen by the user
g. comments made by the user

Alternatively, you can contact us using the email address provided. In this case, all user personal data transmitted together with the email will be stored.
No data will not be forwarded to third parties in connection with such contact. The data will be used exclusively for dealing with the conversation concerned.

2. Legal Basis for Data Processing
The legal basis for processing of data transmitted in the course of use of the contact form or when sending an email is Art. 6(1)(f) GDPR. In the event the contact is made with a view to the conclusion of a contract, Art. 6(1)(b) GDPR functions as an additional basis for processing.

3. The Purpose of Data Processing
The processing of personal data from the input mask and/or an email serves exclusively to allow us to handle the enquiry concerned. This also represents the required legitimate interest in processing the data.

4. Duration of Storage
Data may be deleted when it is no longer required for the purposes for which it was collected. For personal data from the input mask of the contact form and data transmitted by email, this shall be the point at which the conversation concerned with the user comes to an end. The conversation shall be deemed to have come to an end when it can be gathered from the circumstances that the matter at hand has been definitely resolved.

5. Opting out and Deleting
The user is entitled to withdraw their consent to the processing of their personal data at any time. In the event that the user contacts us by email, they may object to the storage of their personal data at any time. The conversation cannot be continued under such circumstances.
Please send your withdrawal of consent or objection to the address given in Section I. above by post, email, or fax.
In this eventuality, all personal data stored in relation to the enquiry will be deleted.

VIII. Forwarding of data to third parties

1. Scope of Forwarding of Personal Data
We shall provide the address details (title, given names, surname, street address, any additional address details, postcode and town/city) of a registered user who has placed an order to the delivery service we contract for the delivery, generally DHL or DPD, for the purpose of delivery of the goods ordered. Where the user has provided the appropriate consent, we shall also pass on email address details to these delivery services for the purposes of notifying them of the order’s delivery status. The user’s consent to the forwarding of their email address for the purposes of tracking the order is obtained during the order process. In addition, it is possible that the name of a user who has placed an order may be forwarded, along with their banking and/or credit card details, for the purposes of settling payments, for example where an order is cancelled and a refund is requested.

2. Legal basis for the Forwarding of Personal Data
Where the user has given consent to such processing, the legal basis for the processing of data is Art. 6(1)(a) GDPR. Where the processing of personal data required in order to perform a contract to which the data subject is party, Art. 6(1)(b) of the GDPR shall serve as the legal basis.

3. Purpose of the Forwarding of Personal Data
The purpose of forwarding personal data to third parties is the fulfilment of the contract concluded with the user and the improvement of the delivery process.

4. Duration of Storage
Data may be deleted when it is no longer required for the purposes for which it was collected. This shall be the case when the contract with the user has been fulfilled. Data provided by the user during registration shall continue to be stored by us (see above). VI.

5. Opting out and Deleting
As a user, you have the right to cancel your registration at any time. You may arrange for the data we hold about you to be altered at any time.
To the extent the data is required for fulfilling a contract or to take steps prior to entering into a contract, data may only be deleted prematurely where this is not prevented by contractual or statutory obligations.
Please send your withdrawal of consent or objection to the address given in Section I. above by post, email, or fax.

IX. Web Analysis using Google Analytics

We use Google Analytics, a web analysis service by Google Inc (‘Google’). Google Analytics uses so-called ‘cookies’ - text files which are saved on your computer and allow your use of the website to be analysed. The information generated by the cookie about your use of this website is usually transmitted to and stored by Google on their servers in the United States.

If IP anonymisation is activated on this website, however, your IP address will be abbreviated in advance 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 abbreviated there. IP anonymisation is active on this website. This anonymisation means that no personal data is (now) present on the site.

Google will use this information on our behalf to evaluate your use of our site, to compile reports on website activity, and to provide us with other services related to the use of the website and of the Internet.

The IP address transmitted in the context of Google Analytics will not be merged with other data belonging to Google. You can prevent the storage of cookies by adjusting your browser settings accordingly; however, we would point out that in this case you may not be able to use all the functions of this website.

In addition, you can prevent Google from collecting the data generated by the cookie regarding your use of the website (including your IP address) by downloading and installing the browser plug-in available from the link below:

https://tools.google.com/dlpage/gaoptout?hl=en-GB

As an alternative to using the browser plug-in, or on mobile devices, click on the following link to download an opt-out cookie which will prevent data being collected by Google Analytics within this website in future (the opt-out cookie only works for the specific browser used and only for this domain. If you delete cookies from your browser you will have to click on the link again): De-activate Google Analytics

X. Rights of Data Subjects

If your personal data is processed, you are defined as a data subject within the meaning of the GDPR, and you have the following rights in relation to the controller:

1. Right of Access
You are entitled to demand confirmation from the controller as to whether we are processing personal data relating to you.
If such processing is taking place, you are entitled to demand the following information from the controller:

(1) the purposes for which the personal data is being processed;

(2) the categories of personal data being processed;

(3) the recipients and/or categories of recipient to which personal data relating to you has been or is being disclosed;

(4) the envisaged retention period for the personal data relating to you or, if it is not possible to state this definitively, the criteria used to determine this period;

(5) information regarding your right to correction or erasure of the personal data relating to you, your right to restrict processing by the controller or your right to object to this processing;

(6) your right to lodge a complaint with a supervisory authority;

(7) where the personal data are not collected from the data subject, any available information as to their source;

(8) the existence of an automatic decision-making process including profiling pursuant to Art. 22(1) and (4) GDPR and – at least in those cases - meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject.

You have the right to demand information regarding whether personal data relating to you is being transmitted to a third country or international organisation. In this regard, you are entitled to demand to be informed of the appropriate safeguards pursuant to Art. 46 GDPR.

2. Right to Rectification
You have right to rectification and/or completion of your personal data in relation to the controller, to the extent the processed personal data affecting you is inaccurate or incomplete. The controller must undertake any rectification without undue delay.

3. Right to Restriction of Processing
You are entitled to demand the restriction of the processing of personal data relating to you in the following circumstances:

(1) if you dispute the accuracy of the personal data relating to you for a period allowing the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

(3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or

(4) you have objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override your own.

If the processing of the personal data relating to you has been restricted, this data - with the exception of its storage - shall only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Where processing has been restricted according to the provisions listed above, you shall be informed by the controller before the restriction of processing is lifted.

4. Right to Erasure

a) Duty of erasure
You shall have the right to demand from the controller the erasure of personal data relating to you without undue delay, and the controller shall have the obligation to erase this data without undue delay, where one of the following grounds applies:

(1) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

(2) you withdraw your consent on which the processing is based according to Art. 6(1)(a), or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing;

(3) you object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR;

(4) the personal data relating to you has been unlawfully processed;

(5) the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

(6) the personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

b) Provision of information to third parties
Where the controller has made the personal data relating to you public and is obliged pursuant to Art. 17(1) GDPR to erase this data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.

c) Exceptions
The right to erasure shall not apply where processing is required for the following purposes;

(1) for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

5. Right to Notification
Where you have asserted the right to the rectification, erasure or restriction of processing in relation to the controller, the controller shall be obliged to communicate this correction or erasure of data or restriction of processing to each recipient to whom personal data relating to you has been disclosed, unless this proves impossible or involves disproportionate effort.
You are entitled to demand that the controller informs you of these recipients.

6. Right to Data Portability
You have the right to receive the personal data relating to you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, where

(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDOR, or on a contract pursuant to Art. 6 (1)(b) GDPR and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data relating to you transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability shall not apply to the processing of personal data which is required for performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data relating to you based on Art. 6(1)(e) or (f), including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or which serve the establishment, exercise or defence of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data relating to you for the purposes of such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data relating to you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to Withdraw Declaration of Consent under Data Protection Law
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawal of consent shall not affect the lawfulness of processing carried out on the basis of the consent up to the point at which it is withdrawn.

9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects in relation to you or which similarly significantly affects you. This right does not apply where the decision

(1) is necessary for entering into, or performance of, a contract between the you and the data controller,

(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) is based on your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

10. Right to Lodge a Complaint with a Supervisory Authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or the location at which the suspected breach occurred, if you consider that your rights under GDPR are infringed by the processing of personal data relating to you.
The supervisory authority to which the complaint is submitted must inform the complainant of the progress and the outcome of the complaint, including the right to an effective judicial remedy pursuant to Art. 78 GDPR.