Privacy policy

Data protection

Preface

We at "braganza" Christian Zwiesler take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection in our company.

As part of our responsibility under data protection law, the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") Additional obligations have been imposed in order to protect personal data of the person affected by processing (we will also speak to you as the person concerned below "Customer", "User", "You", "Them" or "Affected"on).

Insofar as we decide on the purposes and means of data processing either alone or together with others, this primarily includes the obligation to transparently inform you about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this Explanation (hereinafter: "Data protection notice") we will inform you about the way in which your personal data will be processed by us.

Our data protection information has a modular structure. They consist of a general part for any processing of personal data and processing situations that come into play each time a website is accessed (A. General) and a special part, the content of which only relates to the processing situation specified there with the description of the respective offer or product relates, in particular to visits to websites detailed here (e.g. visits to websites). In order to be able to find the parts that are relevant for you, please note the following overview of the breakdown of the data protection information:

part

designation

This part is for you            

Part A

General

always relevant.

part B

Webshop

relevant if you use our web shop

 

Part C.

Website and
Social media presence

relevant if you use our German website, including appearances on social media.

  1. General

(1) Definitions

Following the example of Art. 4 GDPR, this data protection notice is based on the following definitions:

  • "Personal data" (Art. 4 No. 1 GDPR) is all information that relates to an identified or identifiable natural person ("data subject"). A person is identifiable if they are directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, an online identifier, location data or with the help of information about their physical, physiological, genetic, psychological, economic, cultural or social identity characteristics can be identified. The identifiability can also be given by linking such information or other additional knowledge. The creation, form or embodiment of the information is irrelevant (photos, video or sound recordings can also contain personal data).
  • "Processing" (Art. 4 No. 2 DS-GVO) is any process in which personal data is handled, whether with or without the help of automated (ie technology-based) processes. This includes in particular the collection (i.e. the procurement), the recording, the organization, the ordering, the storage, the adaptation or modification, the reading out, the querying, the use, the disclosure by transmission, the distribution or other provision, the comparison , the linking, the restriction, the deletion or the destruction of personal data as well as the change of a goal or purpose on which data processing was originally based.

 

  • "Responsible" (Art. 4 No. 7 GDPR) is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

 

  • "Third party" (Art. 4 No. 10 DS-GVO) is any natural or legal person, authority, institution or other body apart from the data subject, the person responsible, the processor and the persons who are authorized under the direct responsibility of the person responsible or the processor are to process the personal data; this also includes other corporate entities.

 

  • - "Processor" (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible, in particular according to his instructions (e.g. IT Service provider). In terms of data protection law, a processor is in particular not a third party.

 

  • - "Consent" (Art. 4 No. 11 GDPR) of the person concerned refers to any voluntary, informed and unambiguous declaration of will in the form of a declaration or other unequivocal affirmative action with which the person concerned agrees understand that she agrees to the processing of personal data concerning her.

(2) Name and address of the person responsible for processing

The body responsible for processing your personal data within the meaning of Art. 4 No. 7 GDPR is we:

"Braganza" Christian Zwiesler
Unterbiberger Str.15a
85579 Neubiberg

Phone: +49 (0) 160 97 99 24 34
E-mail: info@braganza.de

For more information about our company, please refer to the imprint information on our website: https://braganza.de/pages/impressum

 (3) Contact details of the data protection officer

Our company data protection officer is available to you at any time for all questions and as a contact person on the subject of data protection. His contact details are:

"Braganza" Christian Zwiesler
Unterbiberger Str.15a
85579 Neubiberg

E-mail: info@braganza.de

(4) Legal basis for data processing

In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:

  • Art. 6 para. 1 sentence 1 lit. a DS-GVO ("Consent"): If the person concerned has given to understand voluntarily, in an informed manner and unequivocally by means of a declaration or some other unequivocal affirmative action, that he is processing the personal data concerning him for one or more specific purposes agrees;
  • Art. 6 para. 1 sentence 1 lit. b GDPR: If processing is necessary to fulfill a contract to which the data subject is a party or to carry out pre-contractual measures that are carried out at the request of the data subject;
  • Art. 6 para. 1 sentence 1 lit. c GDPR: If the processing is necessary to fulfill a legal obligation to which the person responsible is subject (e.g. a statutory retention requirement);
  • Art. 6 para. 1 sentence 1 lit. d DS-GVO: If the processing is necessary to protect the vital interests of the data subject or another natural person;
  • Art. 6 para. 1 sentence 1 lit. e GDPR: If the processing is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been transferred to the person responsible or
  • Art. 6 para. 1 sentence 1 lit. f DS-GVO ("Legitimate Interests"): If the processing is necessary to safeguard the legitimate (in particular legal or economic) interests of the person responsible or a third party, provided that the conflicting interests or rights of the person concerned do not outweigh them (in particular if they are is a minor). 

For the processing operations carried out by us, we indicate the applicable legal basis below. Processing can also be based on several legal bases.

(5) Data deletion and storage duration

For the processing operations carried out by us, we indicate below how long the data is stored by us and when it is deleted or blocked. Unless an express storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. However, storage can take place beyond the specified time in the event of a (impending) legal dispute with you or other legal proceedings or if the storage is due to legal regulations to which we as the person responsible are subject (e.g. Section 257 HGB, § 147 AO), is provided. If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted, unless further storage is required by us and there is a legal basis for this.

 (6) data security

We use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art and implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and effects) for the data subject.

(7) Cooperation with contract processors

As with every company, we also use external domestic and foreign service providers to process our business transactions (e.g. for IT, telecommunications and marketing). These only act according to our instructions and were in the sense of Art. 28 GDPR contractually obliged to comply with data protection regulations.

(8) No automated decision-making (including profiling)

We do not intend to use the personal data collected from you for an automated decision-making process (including profiling).

 (9) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. For you as a customer there is basically no legal or contractual obligation to provide us with your personal data; However, it may be that we are only able to provide certain offers to a limited extent or not at all if you do not provide the necessary data. If this should be the case as an exception within the scope of the products presented by us, you will be informed of this separately.

 (10) Legal obligation to transmit certain data

We may be subject to a special statutory or legal obligation to provide the lawfully processed personal data for third parties, in particular public bodies (Art. 6 para. 1 sentence 1 lit. c GDPR).

(11) your rights

You can assert your rights as a data subject with regard to your processed personal data at any time using the contact details given under A. (2). As a data subject, you have the right:

  • to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right of appeal the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information on their details;

 

  • in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us;

 

  • to request the deletion of your data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend against Legal claims is required;

 

  • to request the restriction of the processing of your data in accordance with Art. 18 GDPR if you dispute the correctness of the data or the processing is unlawful;

 

  • in accordance with Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible ("data portability");

 

  • to object to the processing in accordance with Art. 21 GDPR, provided that the processing is based on Art. 6 Para. 1 S. 1 lit. e or lit. f DS-GVO takes place. This is especially the case if the processing is not necessary to fulfill a contract with you. If it is not an objection to direct mail, we ask you to explain the reasons why we should not process your data as we have done when you exercise such an objection. In the event of your justified objection, we will examine the situation and either stop or adjust the data processing or point out to you our compelling reasons worthy of protection on the basis of which we will continue processing;

 

  • According to Art. 7 Para. 3 GDPR, your consent given once (also before the GDPR came into effect, i.e. before May 25, 2018) - that is, your voluntary, informed and unambiguous consent through a declaration or other unambiguous confirmatory action Understandable will that you consent to the processing of the relevant personal data for one or more specific purposes - to revoke it to us at any time, if you have given one. As a result, we are no longer allowed to continue the data processing based on this consent in the future and

 

  • in accordance with Art. 77 GDPR to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us: Bavarian State Office for Data Protection Supervision (BayLDA), Promenade 18, 91522 Ansbach, E -Mail: poststelle@lda.bayern.de.

(12) Changes to the data protection notice

As part of the further development of data protection law as well as technological or organizational changes, our data protection information is regularly checked for any need for adjustments or additions. You will be informed about changes in particular on our website at www.braganza.de informed. These data protection notices are dated November 2020.

  1. Webshop

(1) Explanation of the function

On www.braganza.de you will find in particular the offers of our web shop. When you use our web shops, your personal data can be processed.

(2) Processed personal data

When using our web shops, the following categories of personal data are collected, stored and processed by us:

"Contact details": If you contact us, the data transmitted will be processed. Depending on the type of contact (e.g. by email), this can be e.g. B. gender, surname and first name, address, company, e-mail address and the time of transmission.

"Purchase transaction data": When you place an order with us, your purchase processing data is collected, stored and processed by us. The purchase processing data includes in particular: data on the goods purchased (e.g. clothing size), payment method, order number, delivery and invoice addresses, declarations of purchase (e.g. cancellation), delivery, payment and, if applicable, return information, information (e.g. dispatch number) the third parties involved in the execution of the contract (e.g. transport company).

"Payment data": You can place your order with us via advance transfer, PayPal or invoice
as well as the payment options via the provider "Shopify" (credit card, accelerated checkouts (Shop Pay, Apple Pay and Google Pay), instant transfer (Klarna), Klarna invoice, eps transfer, Ideal, Bancontact). When processing the payment, the payment data you provide will be collected, saved and processed. The payment data includes in particular: payment type, IBAN and BIC, credit card information, billing address.

The payment data also includes other information that is directly related to the processing of payments. This applies, for example, to information that external payment service providers use for identification, such as your PayPal ID (if you pay with PayPal).

"Customer account details": You can also choose whether you want to create a customer account for your order or order as a "guest" without creating a customer account. If you create a customer account for your order, the following data will be saved with password protection: Name, delivery and billing addresses, email address, credit card information, newsletter subscription available, consent to email marketing available. The customer account has the advantage that you do not have to re-enter your data for further orders, but are automatically listed in the order form. You can delete your customer account at any time. For this purpose, please send us a message in text form (e.g. an email to info@braganza.de) get.

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. As far as the processing of personal data Art. 6 para. 1 sentence 1 lit. f GDPR the purposes mentioned also represent our legitimate interests.

The processing of the contact data takes place to process customer inquiries (legal basis is Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR).

The processing of the purchase transaction data takes place to process the customer orders (legal basis is Art. 6 Paragraph 1 lit. b or lit. f GDPR).

The processing of the payment data takes place for the processing of the payment transactions (legal basis is Art. 6 Abs. 1 S.1 lit. b or lit f. GDPR).

The processing of customer account data takes place in order to process customer orders and payment transactions (the legal basis is your consent according to Art. 6 Paragraph 1 Clause 1 lit. a GDPR).

 (4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the processing purposes mentioned above; the legal bases specified in the context of the processing purposes apply accordingly. Third parties employed by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order. You can find more information about the storage period under A. (5).

 (5) Transmission of personal data to third parties; Basis of justification

The following categories of recipients, who are usually processors (see A. (7)), may have access to your personal data:

  • Service provider for processing the payment (e.g. the payment service provider PayPal). The legal basis for the transfer is then Art. 6 Para. 1 S.1 lit. b or lit. f. GDPR.
  • Service provider for processing the delivery of your orders (e.g. DHL, UPS). The legal basis for the transfer is then Art. 6 Para. 1 S.1 lit b or lit. f. GDPR.
  • Government agencies / authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is then 6 para. 1 sentence 1 lit. c GDPR;
  • Persons employed to carry out our business operations (e.g. insurance companies, legal advisors). The legal basis for the transfer is then 6 para. 1 sentence 1 lit. b or lit. f GDPR.

In addition, we will only pass on your personal data to third parties if you comply Art. 6 para. 1 sentence 1 lit. a GDPR have given express consent to this.

(6) Payment service provider

Your payment data will be transmitted to the respective payment service provider depending on the payment option you have selected (e.g. PayPal, payment options from Shopify). The payment service provider is responsible for your payment data. Information, in particular about the responsible office of the payment service provider, the contact details of the data protection officer of the payment service provider and the categories of personal data processed by the payment service provider can be found at the Internet address

PayPal:                               https://www.paypal.com
Shopify Payments:            
https://www.shopify.de/payments
Visa:                                   
https://www.visa.de/
Mastercard:                        
https://www.mastercard.de/de-de.html
Maestro:                             
https://www.mastercard.de/de-de/privatkunden/produkte-features/produkte/maestro.html
American Express:            
https://www.americanexpress.com/de/
Shop
Pay:                           https://shop.app/what-shop-does
Apple Pay:                          https://www.apple.com/de/apple-pay/
Google Pay:                        https://pay.google.com/intl/de_de/about/
Klarna:                                 https://www.klarna.com/de/
eps transfer:               https://www.eps-ueberweisung.at/
Ideal:                                    https://www.ideal.nl/en/consumers/what-is-ideal/
Bancontact:                         https://www.bancontact.com/en

  1. Visiting websites

 (1) Explanation of the function

Information about our company and the services we offer can be found at www.braganza.de including the associated sub-pages (hereinafter collectively: "websites"). When you visit our website, your personal data may be processed.

(2) Processed personal data

When using the website for informational purposes, the following categories of personal data are collected, stored and processed by us:

 "Log data": When you visit our website, a so-called log data set (so-called server log files) is temporarily and anonymously saved on our web server. This consists of:

  • the page from which the page was requested (so-called referrer URL)
  • the name and URL of the requested page
  • the date and time of the call
  • the description of the type, language and version of the web browser used
  • the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
  • the amount of data transferred
  • the operating system
  • the message whether the call was successful (access status / Http status code)
  • the GMT time zone difference

"Contact form data": When you use our contact form, the data transmitted will be processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).

In addition to the purely informational use of our website, we offer you a subscription to our newsletter, with which we inform you about current offers. If you register for our newsletter, the following "newsletter data" will be collected, saved and processed by us:

  • the page from which the page was requested (so-called referrer URL)
  • the date and time of the call
  • the description of the type of web browser used
  • the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
  • the E-Mail adress
  • the date and time of registration and confirmation

(3) Purpose and legal basis of data processing

We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. As far as the processing of personal data Art. 6 para. 1 sentence 1 lit. f GDPR the purposes mentioned also represent our legitimate interests.

The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR).

The processing of contact form data takes place to process customer inquiries (legal basis is Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR).

The processing of the newsletter data takes place for the purpose of sending the newsletter. When you register for our newsletter, you consent to the processing of your personal data (the legal basis is Art. 6 para. 1 lit. a GDPR). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration we will send you an e-mail to the e-mail address provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to prove your registration and, if necessary, to clarify any possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the link provided in every newsletter e-mail info@braganza.de or by sending a message to the contact details given in the legal notice.

 (4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the processing purposes mentioned above; the legal bases specified in the context of the processing purposes apply accordingly. Third parties employed by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order. You can find more information about the storage period under A. (5).

 (5) Transmission of personal data to third parties; Basis of justification

The following categories of recipients, who are usually processors (see A. (7)), may have access to your personal data:

  • Service provider for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then 6 para. 1 sentence 1 lit. b or lit. f GDPRinsofar as they are not processors;
  • Government agencies / authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is then 6 para. 1 sentence 1 lit. c GDPR;
  • Persons employed to carry out our business operations (e.g. insurance companies, legal advisors). The legal basis for the transfer is then 6 para. 1 sentence 1 lit. b or lit. f GDPR.

In addition, we will only pass on your personal data to third parties if you comply Art. 6 para. 1 sentence 1 lit. a GDPR have given express consent to this.

(6) Use of cookies, plugins and other services on our website

  1. a) General information about cookies

We use cookies on our website to optimize your visit to our website.

As far as technically necessary cookies are concerned, our legitimate interest in the use of cookies in accordance with Art 6 Para. 1 S. 1 f) GDPR lies in presenting you with a functional website.

If the cookies are not technically necessary (for example cookies for the purpose of analysis by "Matomo", see b)), we will only save the cookie on your device on the basis of your prior consent via "opt-in". We will then explain the respective purpose of storing the cookie to you separately in the context of the respective service that stores the cookie on your device.

You can give your consent to the storage of cookies at any time in the Cookie settings withdraw.

You can also set your browser so that you are informed in advance about the setting of cookies and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or generally, or that cookies are completely prevented. However, this can limit the functionality of the website.

  1. b) session cookies ("Shopify")

We use so-called session cookies via the provider "Shopify" to optimize our website. A session cookie is a small text file that is sent by the respective server when you visit a website and is temporarily stored on your hard drive. This file as such contains a so-called session ID, with which various requests from your browser can be assigned to the common session. This enables your computer to be recognized when you return to our website. These cookies are deleted after you close your browser. They serve z. B. to the fact that you can use the shopping cart function across several pages.

We also use persistent cookies to a lesser extent (also small text files that are stored on your device) that remain on your device and enable us to recognize your browser the next time you visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is 1 month to 10 years. In this way, we can present our offer to you in a more user-friendly, effective and secure manner and, for example, show you information on the page that is specifically tailored to your interests.

Specifically, we use the following cookies from “Shopify” (extract from the “Shopify” cookie policy, available at: https://www.shopify.com/legal/cookies

User-centered security cookies for the detection of authentication abuse for a limited permanent duration, e.g. B. repeated failed login attempts. These cookies are set for the specific task of increasing the security of the service.

  • Multimedia content player session cookies (Flash cookies) are used for the duration of a session in order to store technical data necessary for the playback of video or audio content (e.g. picture quality, network connection speed and buffer parameters).
  • Load balancing session cookies are used for the duration of the session to identify the same server in the pool so that the load balancer can redirect user requests accordingly.
  • User interface customization Persistent cookies are used to store a user's preferences regarding a service via websites.
  • First party analysis cookies - We use these cookies to estimate the number of unique visitors, to improve our websites and the websites of our dealers, and to identify the most frequently searched words in search engines that lead to a web page. These cookies are not used to target you with online marketing. We use these cookies to learn how our websites and the websites of our dealers work and to make relevant improvements to improve your browsing experience.

For more information on Shopify, see: https://www.shopify.de/legal/datenschutz

  1. c) Web analysis service "Matomo"

We use the “Matomo” web analysis service from InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand. This uses cookies and serves us to evaluate your usage behavior in order to constantly improve the visit to our website and our offer. "Matomo" is set by us in such a way that your IP address is immediately anonymized. The information obtained via cookie technology about your usage behavior regarding our website is not passed on to third parties. Further information to "Matomo" can be found at: https://matomo.org/privacy/.

"Matomo" is currently deactivated. The anonymised recording of your usage behavior only begins with your active consent. To give your consent, please make the appropriate setting in Cookie settings in front.

  1. d) Social media plugins

We do not use any social media plugins on our website. If our websites contain symbols from social media providers (e.g. Facebook, Instagram), we only use them for passive linking to the pages of the respective providers.

 

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