Overview and Your Agreement to Privacy
Information Collection Practices
Please note, while an ISP does not identify a user by his or her name, it may, with the cooperation of an ISP, be used to locate and identify an individual using the Web. Moreover, your IP address can reveal what geographic area from which you are connecting or which ISP you are using.
Visitor Data may include other anonymous data which will help Us understand and analyze the Internet experience and behavior of our visitors. For example, the Company may collect visitor data relating to referring domain names,
The Company uses servers and software that allows it to automatically recognize and capture Visitor Data. The Company may use Visitor Data for several reasons, including but not limited to: compiling traffic data about the types of visitors who use the Site at specific intervals (“Traffic Data”); using Traffic Data to analyze Site traffic; administer and optimize the Online Services; and, display or particularize content according to your preferences. When you provide Personal Information, We are able to use Visitor Data to identify you.
Please note, moreover, we may use Visitor Data by sharing it or selling it to business partners, affiliates, or advertisers on an aggregated or anonymous basis.
Personally Identifiable Information. Each time you provide or transmit information via the Site or speak with a customer service representative on the phone, We may obtain personal information from you, including: “Contact Data” (e.g., email address, name, address, telephone number(s), and carrier); “Financial Data” (e.g., credit or debit card number, expiration date, verification code, and bank account information); and “Demographic and Legal Data”(e.g., sex, age, zip code, other survey data, and social security number) (collectively, “Personal Information”).
This disclosure may occur when a visitor registers, engages in transactions, contacts customer service, or participates in contests, promotions, surveys (online or offline), forums, content submissions, requests for suggestions, or other aspects of the Online Services. In surveys, in addition to other Personal Information, the Company or a third party may ask you to provide birth date, gender, salary range, education and marital status, occupation, employment information, personal and online interests, and such other information as may be requested from time to time (“Survey Information”). The Company may also collect such Survey Information from another source and use that information in combination with information provided from the Site and other surveys. Provision of Personal Information through surveys is completely voluntary and you are not required to respond to surveys as a term or condition of purchasing a good or service from the Company.
You can disable cookies. If you disable cookies, you may use the Site, but your ability to use all of the features and functionality of the Site, such as order forms, may be limited or impacted. Your browser settings can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://www.cookiecentral.com.
Web Beacons. We employ a software technology called clear gifs or web beacons, which is a programming code that can be used to display an image on a web page. Web beacons also can be used by Us to transfer your unique user identification to a database and associate you with previously acquired information (which could include Personal Information) about an individual in the database. This helps us track certain websites you visit, behavioral habits for marketing purposes, and referrals from partners and affiliates. Pleas note, in addition to using web beacons on web pages, the Company also uses web beacons in email messages sent to individuals in its database. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are imbedded invisibly on web pages or email.
Testimonials and Reviews. We may display personal testimonials of satisfied customers received through surveys or otherwise. We do not pay for or provide any consideration in exchange for testimonials, unless otherwise indicated on our Site. We ask for your specific consent as part of a survey. If you wish to update or delete your testimonial, you can contact the company at email@example.com. We may also display customer reviews.
Calls and Electronic Communications. In the regular course of business, We (or our customer service vendor) may monitor and record phone conversations or email communications with you for training and quality assurance purposes. We may receive confirmation when you open or click on content in an email from Us, which helps Us improve our communications with you. If you do not wish to receive email from Us, you may unsubscribe from the mailing list on any of the emails We send to you.
No Information from Children. We do not target or market to children. The Company will never knowingly collect any Personal Information about or from a child under the age of 13. If the Company obtains actual knowledge that it has collected Personal Information about a child under the age of 13, that information will immediately be deleted from its database. The Company, moreover, employs all reasonable measures to ensure that it markets and sells its products to consumers that are of legal age under the laws of the jurisdictions in which they reside, and Company will never knowingly collect any Personal Information about or from a consumer that is not of legal age.
Use of Information
We use information We collect from you for a host of reasons. For example, We may use your information to communicate with you, process orders, facilitate your transactions with Us or our third party affiliates and marketing partners, and inform you of offers and discounts in the future. We may also, for example, monetize and share your information, or use your information to analyze and optimize Our marketing efforts. To provide you clarity, this section sets forth how the Company currently uses or has a right to use information it collects from you.
Email and Unsubscribe Policy. The Company uses Personal Information to provide first and third party promotional offers and newsletters by email. The Company may maintain separate email lists for different purposes. If you wish to end an email subscription from a particular list, you must follow the instructions at the end of each email message in order to unsubscribe to from a particular list. You may also unsubscribe from all Company email lists by sending an email to firstname.lastname@example.org.
The Company does not send unsolicited emails. The Company only sends email to recipients who have agreed on the Site to receive email from the Company or to recipients who have agreed on a third party website to receive emails from third parties.
Please note, the unsubscribe process for the Company’s electronic mailings will not automatically unsubscribe your information from any third party users of the data. You may still receive electronic mailings sent on behalf of third parties and your Personal Information may be shared with third parties for use in offline marketing and data appends, including email appends unless you unsubscribe as provided above. Because third parties maintain separate databases, you will need to unsubscribe from each source individually, if desired. This allows you to pick and choose which subscriptions to maintain and which to discontinue.
Generally, you may not opt out of service-related or transactional communications, which are not promotional, unless your account with Us is terminated and obligations satisfied.
Content of Email Communications. You may receive commercial email messages sent by third parties for products or services which may be of interest to you. In such case, the advertiser’s name will appear in the “From” and the email will have a method at the bottom of the email to unsubscribe from that advertiser. The Company, however, is not responsible for the content of third party emails or the conduct of the advertisers.
Visitor Demographics and Targeted Advertising. Contact Data and Traffic Data are used to gather statistics about customers and visitors. We may use data collected from you, including Demographic Data, to generate collective information about our users or to identify users specifically. The Company may use collected data to target advertising to an individual, including using technology to associate an individual with that person’s Personal Information in order to show advertising for products and services in which the person has expressed an interest in surveys or otherwise indicated an interest based on the technological information. In its discretion, the Company may target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
Telemarketing. The Company may use your Personal Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones. You may have your telephone number listed on a state or federal do-not-call registry. By registering and using the Online Services, you provide consent to the Company and its agents or vendors to contact you by telephone, including the use of automated, predictive, programmable, or similar dialers or dialing software, as allowed under applicable law. Further, if you reside outside of the United States, by registering and using the Online Services, you acknowledge that the processing of your Personal Information may involve the transfer of such Personal Information within or outside the European Economic Area (“EEA”) to countries within or outside the EEA whose data protection regulation may not be as stringent as that within the European Union. We may use Personal Information to provide goods and services you have requested, including services that display customized content and advertising.
Wireless Addresses. If the e-mail address you provide to Company is a wireless e-mail address, you agree to receive messages at such address from Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
You may remove your information from Company’s database. If you remove your information from Company’s database it will no longer be used by Company for secondary purposes, disclosed to third parties, or used by Company or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to email@example.com or by sending “STOP”, “END”, “QUIT” to the SMS text message you have received.
Use of Technology Information and Storage of Personal Information. Company may use Technology Information (1) to match a person’s Personal Information and Third Party List Information to other categories of Personal Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of Company’s websites are most frequently visited. This information helps Company to better understand the online habits of individuals so that Company can target advertising and promotions to them.
Company may use Personal Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Personal Information such as information obtained from public databases.
Company stores the Personal Information in a database on its’ computers. Company computers have security measures (such as a firewall and password protections) in place to protect against the loss, misuse, and alteration of the information under Company’s control. Notwithstanding such measures, Company cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Personal Information on them stolen or altered.
Third Party Offers. Company may provide your Personal Information to third parties with whom they have a business relationship for the purposes of securing the services and products you have requested or provide you with additional marketing materials from which you may choose additional products or services. Company may make your Personal Information available to companies or other entities not affiliated with the Company that have goods, services and offers that might be of interest to you so that they may send you these offers.
Marketing. Company will use your Personal Information for any marketing and survey purpose on behalf of Company and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Company will disclose your Personal Information to third party agents and independent contractors to help us conduct our marketing and survey efforts including but not limited to direct marketing. You may have no relationship with these other companies.
Co-sponsored Contests, Sweepstakes and Offerings. Company may provide a contest; sweepstake and other offering may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake or other offering or otherwise provide to us any Personal Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.
Service Providers. Company may use third parties to help operate our Website and deliver products and services, and may share your Personal Information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personal Information we provide to them beyond what is necessary for them to assist us. When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the Website may be linked, certain Personal Information such as your e-mail and home address may be collected by the service provider’s server and made available to us.
Aggregate Statistics. Company may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Order Fulfillment. Company will transfer your Personal Information to third parties when necessary to provide a product or service that you order from such third party while using Company’s websites or when responding to offers provided by Company.
Data Summary. Company may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Company does not control the use of such technology and Company has no responsibility for the use of such technology to gather information about you.
Links. The websites and email messages sometimes contain hypertext links to the websites of third parties. Company is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Affiliations/Merger/Sale. Company further reserves the right to disclose, transfer or sell your Personal Information to companies who are affiliated with Company in Company’s sole discretion. If Company changes ownership through an acquisition, merger, sale or other change of business status, it reserves the right to transfer or assign the right to use your Personal Information collected from the Website.
Foreign use of the Website. To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Company is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
Commitment to Data Security. We strive to make certain that Our servers and connections incorporate proper encryption and security devices. The Company stores the Person Information in a database and its computers have security measures (such as firewall and password protections) in place to safeguard and secure the information We collect. We have also implemented physical, electronic, and managerial procedures to further safeguard the information. Credit card and related information are transmitted by secure servers (SSL).
Unfortunately, no data transmission is guaranteed to be 100% secure and We therefore cannot guarantee the security of your information you transmit to or from the Site, Applications, or through the use of the Online Services. You therefore provide your information, including Personal Information, at your own risk. ACCORDINGLY, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING THE SITE, APPLICATIONS, AND THE ONLINE SERVICES. YOU ACKNOWLEDGE AND ASSUME THESE RISKS.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the shoping-now. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the shoping-now has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
In this data protection declaration, we use, inter alia, the following terms:
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
3. Collection of general data and information
The website of the shoping-now collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the shoping-now does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the shoping-now analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
5. Rights of the data subject
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
California User Rights. In accordance with California Civil Code section 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.