Data Protection

Privacy policy
Information on the collection of personal data and contact details of the person responsible


1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we will inform you about how we handle your personal data when you use our website. Personal data are all data with which you can be personally identified.

1.2 The person responsible for data processing on this website in terms of the Data Protection Basic Regulation (DSGVO) is Body Shape Fitness GmbH, Bahnhofstr. 24, 55218 Ingelheim Am Rhein, Germany, Tel.: 06132-9745210, E-Mail: info@emsdress.de. The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

1.3 For security reasons and to protect the transmission of personal data and other confidential contents (e.g. orders or inquiries to the responsible person), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

2) Data collection when visiting our website
When using our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser sends to our server (so-called "server log files"). When you call up our website, we collect the following data, which are technically necessary for us to display the website:

Our visited website
Date and time of access
Amount of data sent in bytes
Source/reference from which you reached the site
Used Browser
Operating system in use
IP address used (if necessary: in anonymised form)
Processing is carried out in accordance with Art. 6 Para. 1 letter f DSGVO on the basis of our justified interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.

3) Hosting
Hosting by Ecwid
We use the website building block system of Ecwid, Inc, 144 West D Street, Suite 103, Encinitas, CA 92024, USA ("Ecwid") for the purpose of hosting and displaying the website based on processing on our behalf. All data collected on our website is processed on Ecwid's servers.
Ecwid, based in the USA, is certified for the us-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
Further information on Ecwid's data protection can be found on the following website: https://www.ecwid.com/eu-privacy-policy
The scope of processing of personal data is described below. Any further processing on servers other than the aforementioned servers of Ecwid will only take place within the scope communicated below.

4) Cookies
To make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted again after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal device and enable us to recognise your browser the next time you visit us (so-called persistent cookies). If cookies are set, they collect and process certain user information to an individual extent, such as browser and location data and IP address values. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.

In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as personal data are also processed by individual cookies used by us, processing is carried out in accordance with Art. 6 Para. 1 letter b DSGVO either for the execution of the contract, in accordance with Art. 6 Para. 1 letter a DSGVO in the case of a granted consent or in accordance with Art. 6 Para. 1 letter f DSGVO to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.

Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for each browser under the following links:

Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/de/latest/web-preferences/#cookies

Please note that the functionality of our website may be limited if cookies are not accepted.

5) Making contact
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case if it can be deduced from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

6) Data processing when opening a customer account and for contract processing
In accordance with Art. 6 Para. 1 lit. b DSGVO, personal data will continue to be collected and processed if you provide us with this information for the purpose of executing a contract or opening a customer account. Which data is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by sending a message to the above mentioned address of the person responsible. We store and use the data you provide us with to process the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by us.

 

7) Use of customer data for direct advertising


7.1 Registration for our e-mail newsletter

If you register for our e-mail newsletter, we will send you regular information about our offers. Your e-mail address is the only mandatory information for sending the newsletter. The provision of further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed that you agree to receive newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in the future by clicking on a corresponding link.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. When you register for the newsletter, we save your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising in the newsletter. You can unsubscribe from the newsletter at any time using the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned above. After you have cancelled your subscription, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.

7.2 Sending the e-mail newsletter to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to send you regular e-mail offers on similar goods or services from our range of products to those you have already purchased. In accordance with § 7 paragraph 3 UWG we do not need to obtain your separate consent for this. In this respect, data processing is carried out solely on the basis of our justified interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DSGVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the above-mentioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning of this document. For this you will only incur transmission costs according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will be immediately discontinued.

8) Data processing for order processing


8.1 In order to process your order, we work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. Your payment data will be passed on to the assigned credit institute within the scope of the payment processing, as far as this is necessary for the payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.

8.2 In order to fulfil our contractual obligations towards our customers, we work together with external shipping partners.

We will pass on your name and delivery address and, if necessary for delivery, your telephone number to a shipping partner selected by us exclusively for the purpose of delivering goods in accordance with Art. 6 Para. 1 lit. b DSGVO.

8.3 Use of special service providers for order processing and handling

- SendCloud
The dispatch is carried out via the dispatch portal "SendCloud" (SendCloud GmbH, Kanalstr. 10, 80538 Munich, Germany). In accordance with Art. 6 para. 1 lit. b DSGVO we will only pass on your data to SendCloud for the purpose of processing your online order. We will only pass on your data to the extent that this is actually necessary for the processing of your order. Details regarding SendCloud's data protection can be found on the SendCloud website at www.sendcloud.de/datenschutz/.

8.4 Transfer of Personal Data to Shipping Service Providers

  • German Post
    If the goods are delivered by Deutsche Post (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany), we will pass on your e-mail address to Deutsche Post in accordance with Art. 6 Para. 1 letter a DSGVO prior to delivery of the goods for the purpose of coordinating a delivery date or to announce delivery, provided that you have given your express consent in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to Deutsche Post for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. This information is only passed on to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with Deutsche Post or the delivery announcement is not possible.
    The consent can be revoked at any time with future effect vis-à-vis the responsible person named above or vis-à-vis Deutsche Post.
  • - DHL
    If the goods are delivered by the transport service provider DHL (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany), we will pass on your e-mail address to DHL in accordance with Art. 6 Para. 1 letter a DSGVO before the goods are delivered for the purpose of coordinating a delivery date or to announce delivery, provided that you have given your express consent in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to DHL for the purpose of delivery in accordance with Art. 6 para. 1 lit. b DSGVO. This information is only passed on to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with DHL or the delivery announcement is not possible.
    The consent can be revoked at any time with future effect vis-à-vis the above-mentioned responsible party or the transport service provider DHL.
  • - DPD
    If the goods are delivered by the transport service provider DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg), we will pass on your e-mail address and telephone number to DPD before the goods are delivered, in accordance with Art. 6 Para. 1 letter a DSGVO, for the purpose of agreeing on a delivery date or announcing delivery, provided you have given your express consent to this in the ordering process. Otherwise we only pass on the name of the recipient and the delivery address to DPD for the purpose of delivery in accordance with Art. 6 Para. 1 lit. b DSGVO. This information is only passed on to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with DPD or the delivery announcement is not possible.
    Consent can be revoked at any time with future effect vis-à-vis the person responsible as described above or vis-à-vis the transport service provider DPD.
  • - GLS
    If the goods are delivered by the transport service provider GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1 - 7, 36286 Neuenstein), we will pass on your e-mail address to GLS in accordance with Art. 6 Para. 1 letter a DSGVO prior to delivery of the goods for the purpose of coordinating a delivery date or to announce delivery, provided that you have given your express consent to this in the ordering process.- Otherwise, we will only pass on the name of the recipient and the delivery address to GLS for the purpose of delivery in accordance with Art. 6 para. 1 lit. b DSGVO. The passing on is only carried out as far as this is necessary for the delivery of goods. In this case a prior coordination of the delivery date with GLS or the transmission of status information of the delivery of the consignment is not possible.
    The consent can be revoked at any time with effect for the future against the above-mentioned responsible person or against the transport service provider GLS.
  • - Hermes
    If the goods are delivered by the transport service provider Hermes (Hermes Logistik Gruppe Deutschland GmbH, Essener Straße 89, 22419 Hamburg), we will pass on your e-mail address to Hermes before the goods are delivered in accordance with Art. 6 Para. 1 letter a DSGVO for the purpose of coordinating a delivery date or announcing delivery, provided that you have given your express consent in the ordering process. Otherwise we will only pass on the name of the recipient and the delivery address to Hermes for the purpose of delivery in accordance with Art. 6 para. 1 lit. b DSGVO. This information will only be passed on to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with Hermes or the transmission of status information on the delivery of the consignment is not possible.
    Consent may be revoked at any time with future effect vis-à-vis the person responsible as described above or the transport service provider Hermes.
    - Donor
    If the goods are delivered by Schenker (Schenker Deutschland AG, Lyoner Straße 15, 60528 Frankfurt am Main, Germany), we will pass on your e-mail address to Schenker in accordance with Art. 6 para. 1 lit. a DSGVO prior to delivery of the goods for the purpose of coordinating a delivery date or for the purpose of announcing delivery, provided that you have given your express consent in the ordering process. Otherwise we will only pass on the name of the recipient and the delivery address to Schenker for the purpose of delivery in accordance with Art. 6 para. 1 lit. b DSGVO. The information is only passed on to the extent that this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with Schenker or notification of delivery is not possible. Consent may be revoked at any time with future effect vis-à-vis the person responsible as described above or vis-à-vis Schenker.
    - TNT
    If the goods are delivered by the transport service provider TNT (TNT Express GmbH, Haberstraße 2, 53842 Troisdorf, Germany), we will pass on your e-mail address to TNT before the goods are delivered in accordance with Art. 6 para. 1 letter a DSGVO for the purpose of coordinating a delivery date or for the purpose of announcing delivery, provided that you have given your express consent to this in the ordering process. Otherwise, we shall only pass on to TNT the name of the recipient and the delivery address for the purpose of delivery in accordance with Art. 6 para. 1 lit. b DSGVO. This information will only be passed on to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with TNT or the transmission of status information on the delivery of the consignment is not possible.
    Consent may be revoked at any time with future effect vis-à-vis the above-mentioned responsible party or the transport service provider TNT.
    - UPS
    If the goods are delivered by the transport service provider UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany), we will pass on your e-mail address to UPS prior to delivery of the goods in accordance with Art. 6 Para. 1 letter a DSGVO for the purpose of coordinating a delivery date or to announce delivery, provided that you have given your express consent in the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to UPS for the purpose of delivery in accordance with Art. 6 para. 1 lit. b DSGVO. This information is only passed on to the extent necessary for the delivery of the goods. In this case, prior coordination of the delivery date with UPS or the transmission of status information on the delivery of the consignment is not possible.
    Consent may be revoked at any time with future effect vis-à-vis the person responsible as described above or vis-à-vis the transport service provider UPS.

8.5 Use of payment service providers (payment services)

  • - Paypal
    In the case of payment via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we will pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") within the framework of the payment processing. The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payments.
    PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal. For this purpose, your payment data may be passed on to credit agencies pursuant to Art. 6 para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit assessment with regard to the statistical probability of non-payment to decide on the provision of the respective payment method. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of score values includes, but is not limited to, address data. Further information on data protection, including information on the credit agencies used, can be found in PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
    You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary to process your payment in accordance with the contract.
    - Stripe
    If you choose a payment method from the payment service provider Stripe, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will pass on the information you provide during the ordering process together with the information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 para. 1 lit. b DSGVO. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. Further information about the data protection of Stripe can be found under the URL https://stripe.com/de/privacy#translation.

 

9) Web analysis services
Google (Universal) Analytics

Google (Universal) Analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google (Universal) Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including the abbreviated IP address) is usually transferred to a Google server and stored there, and may also be transferred to the servers of Google LLC. in the USA.
This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()", which ensures anonymization of the IP address by shortening it and excludes any direct personal reference. Through the extension, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a server of Google LLC.in the USA and shortened there. In these exceptional cases, this processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our justified interest in the statistical analysis of user behaviour for optimisation and marketing purposes.
On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide us with further services related to website and internet use. The IP address transmitted by your browser within the framework of Google (Universal) Analytics is not combined with other data from Google.
You can prevent the storage of cookies by adjusting your browser software accordingly. However, we would like to 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 related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link:
https://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the browser plugin or within browsers on mobile devices, please click on the following link to set an opt-out cookie that will prevent Google Analytics from collecting data within this website in the future (this opt-out cookie only works in this browser and only for this domain. If you delete your cookies in this browser, you will need to click this link again): Disable Google Analytics
Further information about Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=de&gl=de
In the event that personal data is transferred to Google LLC. with headquarters in the USA, Google LLC. has certified itself for the us-European data protection agreement "Privacy Shield", which guarantees compliance with the level of data protection applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/list
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the above-mentioned option to make an objection.

10) Rights of the data subject


10.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:

Right of access in accordance with Art. 15 DSGVO: In particular, you have a right of access to your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, erasure, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision making including profiling and, if applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 DPA when your data is transferred to third countries;
Right of rectification under Art. 16 DPA: You have the right to have incorrect data relating to you corrected without delay and/or to have your incomplete data stored by us completed;
Right of deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
Right to limit processing pursuant to Art. 18 DPA: You have the right to request the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is verified, if you refuse to delete your data on the grounds of unlawful processing and instead request the limitation of the processing of your data, if you require your data for the assertion, exercise or defence of legal claims, after we no longer require such data after the purpose has been achieved, or if you have lodged an objection on grounds of your particular situation, as long as it has not yet been established that our legitimate reasons outweigh the objection;
Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
Right to data transferability in accordance with Art. 20 DSGVO: You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another person responsible, insofar as this is technically feasible;
Right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke at any time with effect for the future any consent to the processing of data once granted. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation;
right of appeal under Art. 77 DSGVO: If you believe that the processing of personal data relating to you is in breach of the DPA, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged breach occurs.


10.2 RIGHT OF APPEAL

IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST IN THE CONTEXT OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIAL SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF YOUR PERSONAL DATA

11) Duration of storage of personal data


The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law).

When personal data are processed on the basis of express consent pursuant to Art. 6 para. 1 letter a DSGVO, these data are stored until the person concerned revokes his or her consent.

If there are legal retention periods for data which are processed within the framework of legal or similar obligations based on Art. 6 Para. 1 letter b DSGVO, these data are routinely deleted after the retention periods have expired, provided that they are no longer required for the fulfilment or initiation of a contract and/or we have no justified interest in their further storage.

When personal data are processed on the basis of Art. 6 Para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 Para. 1 DSGVO, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

When personal data are processed for the purpose of direct advertising on the basis of Art. 6 Para. 1 letter f DSGVO, these data are stored until the data subject exercises his or her right of objection under Art. 21 Para. 2 DSGVO.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted if they are no longer necessary for the purposes for which they were collected or otherwise processed.