Privacy policy

Thank you for your interest in our online store. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data. Since changes in the law or changes in our business processes may require an adjustment of this privacy policy, we ask you to read through this privacy policy regularly.

You can also control your personal settings for the use of cookies on this website via the menu under the following link:
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1. Scope of application and responsible person; data protection officer

This data protection declaration applies to the Internet offering of the online store "ergobag", which can be accessed under the domains "www. ergobag.com" and the various subdomains (hereinafter "our website").

The responsible party within the meaning of the EU General Data Protection Regulation (hereinafter: DSGVO) and other national data protection laws of the member states as well as other data protection regulations is:

FOND OF GmbH
Vitalisstraße 67
50827 Cologne
E-mail: info@ergobag.de
Tel.: +49 (0) 221/956 73 230

You can reach our data protection officer at the following contact options:

Data Protection Officer of the FOND OF Group
Vitalisstraße 6750827
Cologne
E-mail: datenschutz@fondof.de
Tel.: +49 (0) 221/956 73 227

2. Principles of data processing

Personal data is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, e-mail address, IP address or user behavior. Information for which we cannot (or can only with a disproportionate effort) establish a link to your person, e.g. by anonymizing the information, are no personal data.

The processing of personal data (e.g. collection, retrieval, use, storage or transmission) always requires a legal basis or your consent.

Processed personal data are deleted as soon as the purpose of the processing has been achieved and there are no longer any legally required retention obligations to be met.

If we process your personal data for the provision of certain offers, we will inform you below about the specific processes, the scope and purpose of the data processing, the legal basis for the processing and the respective storage period.

3. Individual data processing operations

3.1 Provision and use of the website

When you access and use our website, we collect the personal data that your browser automatically transmits to our server. This information is temporarily stored in a so-called log file.

When you use our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security:

IP address of the requesting computer
Date and time of access
Name and URL of the retrieved file
Website from which the access is made (referrer URL)
Browser used and, if applicable, the operating system of your computer, as well as the name of your access provider

For the aforementioned data processing, Section 25 para. 2 no. 2 of the Telecommunications Telemedia Data Protection Act (hereinafter: “TTDSG”) serves as the legal basis for the readout of stored information on your terminal device. The following processing of your personal data is based on our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO. The processing of the aforementioned data is necessary for the provision of a website and thus serves to protect a legitimate interest of our company.

Third party hosting Within the scope of processing on our behalf, our hosting service provider, "Amazon Web Services EMEA Sàrl" (38 avenue John F. Kennedy, L-1855, Luxembourg), provides us with the services for hosting and displaying the website. All data collected during the use of this website or in forms provided for this purpose in the online store, as described below, are processed on its servers. Processing on other servers only takes place within the framework explained in this declaration.

Your data will generally be stored on servers within the EU/EEA. The above mentioned service provider reserves the right in exceptional cases, however, that personal data may be transferred to the USA in this context. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. Due to the lack of an adequacy decision and without appropriate safeguards, there is in particular a risk that your data may be processed by US authorities for control and for monitoring purposes, possibly also without legal remedies. In order to be able to ensure adequate protection of your personal data in the event of the transfer of personal data to such so-called third countries, we have concluded so-called EU-US standard contractual clauses with the service provider. Furthermore, where possible, we are in exchange with the service provider to ensure the protection of your personal data with any additional measures that may be required.

3.2 Creating a customer account

We collect your data when you provide it to us as part of your order. With the order, a customer account is automatically opened. Mandatory fields are marked as such, because in these cases we necessarily need the data mandatory to open the customer account and you cannot complete the account opening otherwise.

The following data is collected during the creation of the customer account:

Salutation (optional)
Name (invoice and package recipient)
Address (billing and shipping address)
E-mail address
Phone number (optional for deliveries within Germany only)

You can access your customer account via a link in the order confirmation. In your customer account you have the possibility to inform yourself about the order status or to initiate a return (more on this below) or complaint. In individual cases, a cancellation or change of the order can be made. In addition, your data will be stored for future order transactions.

We process the data provided by you in accordance with Art. 6 para. 1 p. 1 lit. b) DSGVO for contract processing.

After complete deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

We also collect your data when you register by entering your e-mail address in the mandatory field provided and a customer account is automatically opened. Subsequently, you will receive a link through which you can access your customer account. As soon as you place an order, the data entered in the context of your order will automatically be added to your customer account.

In addition, we collect your e-mail address when you enter it in the mandatory field provided for logging into the customer account, even if you are not yet registered and have not opened a customer account in the past. You will then also receive a link that you can use to register and open a customer account. If you do not click on the link contained in the e-mail and do not open a customer account within three months, your data will then be deleted, unless there are legal retention periods to the contrary.

In this case, the legal basis for the creation of the customer account is your consent and thus Art. 6 para. 1 lit. a) DSGVO.

The deletion of your customer account is possible at any time and can be done by sending a message to the contact option described above.

We also collect your email address to inform you about new features and benefits related to your account. For this purpose, we use the email address you provided during registration to contact you by email.

In this case, the legal basis for sending the information by email is our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR, which allows us to send you relevant information and updates relating to your customer account that improve your user.

You can object to this contact at any time by sending a message to the contact option described above or by clicking on the link provided in each e-mail. As soon as you delete your customer account, your e-mail address will also be deleted and you will no longer receive e-mails containing information about the customer account.

3.3 Purchase of goods

3.3.1 Purchase process

On our website, we offer you the opportunity to purchase our products by providing personal data. The data required for this is entered in an input mask and transmitted to us and stored. Mandatory fields are marked as such, because in these cases we need the data mandatory for opening the customer account and you cannot complete the account opening otherwise. The data will only be passed on to third parties in the cases listed below.

The following data is collected during the ordering process:

Salutation (optional)
Name (invoice and package recipient)
Address (billing and shipping address)
E-mail address
Payment information
Phone number (optional)

When processing your personal data, which is necessary for the fulfillment of a purchase contract concluded with us, Art. 6 para.1 lit. b) DSGVO serves as the legal basis.

With complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to the further use of your data. Further storage may take place in individual cases if this is required by law.

3.3.2 Payment in advance

On our website we offer you the possibility to pay in advance. A transfer of data to third parties only takes place in the cases listed below.

The following data is collected in the course of processing the payment:

name of the account holder
Account number
Bank code
Invoice amount
Currency
Intended use

When processing your personal data that is required for the fulfillment of a purchase contract concluded with us, i.e. in particular for payment processing, Art. 6 para. 1 lit. b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. In some cases, we may also be legally obliged to transfer the data relating to you in accordance with the implementation of strong customer authentication under Directive EU 2015/2366 (PSD 2) or the Law on the Implementation of the Second Payment Services Directive (Zahlungsdiensteumsetzungsgesetz - ZDUG). To the extent that we are legally obligated to transfer data, Art. 6 para. 1 lit. c) DSGVO in conjunction with the corresponding regulations of Directive EU 2015/2366 (PSD 2) or the Law on the Implementation of the Second Payment Services Directive (Zahlungsdiensteumsetzungsgesetz - ZDUG) will be used as the legal basis.

3.3.3 Payment by credit card or PayPal

If you select the payment method (credit card, PayPal), your personal data will be forwarded to the payment service provider "PAYONE" (PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt am Main, Germany) commissioned by us and to the credit institution commissioned with the payment or to the online payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must register with the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.

The following data is transmitted to the payment service provider and involved credit institutions in the course of payment processing:

Name of the invoice recipient
Phone number
E-mail address
Billing address
Name of the package recipient
Shipping address
Order number
Credit card number, if applicable
Account number
Bank card check digit
Bank code
Invoice amount
Currency
Transaction number

When processing your personal data that is required for the fulfillment of a purchase contract concluded with us, i.e. in particular for payment processing, Art. 6 para. 1 lit. b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. In some cases, we may also be legally obliged to transfer the data relating to you in accordance with the implementation of strong customer authentication under Directive EU 2015/2366 (PSD 2) or the Law on the Implementation of the Second Payment Services Directive (Zahlungsdiensteumsetzungsgesetz - ZDUG). Insofar as we are legally obligated to transfer data, Art. 6 para. 1 lit. c) DSGVO in conjunction with the corresponding regulations of Directive EU 2015/2366 (PSD 2) or the Law on the Implementation of the Second Payment Services Directive (Zahlungsdiensteumsetzungsgesetz - ZDUG) will be used as the legal basis.

If you choose to pay with "PayPal" during your order process, your personal data will be automatically transmitted to PayPal via the payment service provider PAYONE described above. PayPal is an offer of PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal assumes the function of an online payment service provider as well as a trustee and offers buyer protection services.

The personal data transmitted to PayPal are regularly first name, last name, address, e-mail address, IP address or other data necessary for payment processing. Also necessary for the processing of the purchase contract are such personal data that are related to the respective order (such as number of items, item number, invoice amount and taxes and other billing information).

This coreesponds with our legitimate interest in offering an efficient and secure payment method (Art. 6 para. 1 lit. f) DSGVO). In this context, we share the aforementioned data with PayPal to the extent necessary for the performance of the contract (Art. 6 para. 1 lit b) DSGVO).

PayPal also reserves the right to collect personal data from the buyer. According to PayPal, this can be the following information:

Name
Address
Phone number
E-mail
Account number

PayPal may share your personal data with affiliated companies and service providers or subcontractors to the extent necessary to fulfill contractual obligations or to process the data on behalf.

The personal data we transmit to PayPal may be transmitted by PayPal to credit reporting agencies. This transmission is for the purpose of checking identity and creditworthiness. PayPal uses the result of the credit check, taking into account the statistical probability of payment default, for the purpose of deciding whether to provide the respective payment method. The creditworthiness information may contain probability values (so-called score values). As far as score values are included in the result of the credit report, these have their basis in a scientifically recognized mathematical-statistical procedure.

You can find out which credit reporting agencies are involved here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full#rAnnex .

You have the option to revoke your consent to the processing of your personal data at any time to PayPal. However, the revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation, insofar as the personal data must be processed, used or transmitted for payment processing in accordance with the contract.

You can access PayPal's privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

3.3.4 Delivery by shipping company

For the fulfillment of the contract pursuant to Art. 6 para. 1 p. 1 lit. b) DSGVO, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. If you have given us your express consent for the purpose of delivery notification or coordination during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider on the basis of this in accordance with Art. 6 para. 1 p. 1 lit. a) DSGVO, so that they can contact you before delivery for the purpose of delivery notification or coordination.

Consent can be revoked at any time by sending a message to the contact option described above or directly to the shipping service provider at the contact address listed below:

DHL Parcel GmbH
Sträßchensweg 10
53113
Bonn

After revocation, we will delete your data provided for this purpose, unless this conflicts with statutory retention obligations.

3.4 Online warranty extension

We offer you to extend the warranty of your purchased items to three years through our website. Our service provider "Airtable" (Airtable Inc., 799 Market Street, 8th Floor, San Francisco, CA 94103, USA) provides this service for us, so that the service provider receives your data.

For this purpose, we need information about the brand, the item, the date of purchase as well as the proof of purchase, the name of the retailer from whom you purchased the item, your first and last name, your address and your e-mail address. You can also voluntarily provide us with your telephone number.

The online warranty extension is to be considered part of the performance of the contract and the data processing is permissible under Art. 6 para. 1 lit. b) DSGVO.

In this context, personal data may be transferred to countries outside the EU/EEA, in particular to the USA. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. In particular, due to the lack of an adequacy decision and without appropriate safeguards, there is a risk that your data may be processed by U.S. authorities for control and for monitoring purposes, possibly also without legal remedies. In order to be able to ensure adequate protection of your personal data in case of transfer of personal data to such so-called third countries, we have concluded so-called EU-US standard contractual clauses with the service provider. Furthermore, where possible, we are in exchange with the service provider to ensure the protection of your personal data with any additional measures that may be required.

We store your data until the expiry of the warranty period and then delete it, unless tax or commercial law retention periods require longer storage.

3.5 Return

You can return the items you ordered from our online store to us within 30 days. You can reach our self-service portal via a link in the order confirmation. In this portal you have the option to initiate a return. In this case, you send the items back to us and enclose the withdrawal form, which contains your name, customer number and information about the returned items.

The processing of the return is part of the fulfillment of the contract, so that the legal basis for the processing by us as the responsible party is Art. 6 para. 1 lit. b) DSGVO.

In addition, a return label must be created. You can do this in our self-service portal. There we process in particular your first and last name, e-mail address and address data, which we forward to DHL via interface. In this context, your data will only be stored by us for the purpose of forwarding and will then be deleted. DHL is the responsible party for further data processing.

Alternatively, you can also follow the instructions at https://www.affenzahn.com/de/service?section=retoure . There we will direct you to an input page of the shipping service provider DHL, where you must enter the above-mentioned data necessary for shipping. DHL is the responsible party for this data.

You can find more information on this page: Data protection (dhl.de)

3.6 Complaint form

Via our website you have the option to complain about purchased items. For the processing of your complaint, we process your first and last name, your address, your e-mail address and information about the claimed item.

This happens as part of the fulfillment of the contract according to Art. 6 para. 1 lit. b) DSGVO.

We store your data as long as this is necessary for the complaint process and then delete it, unless tax or commercial law retention periods require longer storage.

3.7 Retailer search / store finder

On our website you can use our storefinder to find out from which retailer in your area you can buy our items. For our finder we use software of the service provider Google (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland).

You have the option to find the nearest retailer of our goods without providing personal data. If you consent to the location determination, we will show you the nearest retailer based on the determined location.

The legal basis for the location determination is your consent and thus Art. 6 para. 1 lit. a) DSGVO.

Your data will be deleted as soon as it is no longer required to achieve the purposes for which it was collected or if you revoke your consent and there are no statutory retention periods to the contrary.

3.8 Prize Competitions

At irregular intervals on our website, we offer you the opportunity to participate in prize competitions via a form. If you make use of the prize competition form, we will generally process the following personal data from you:

E-mail address
Salutation (optional)
First and last name (optional)

We collect and process personal data of the prize competitions participants only to the extent that it is necessary for participation in the prize competitions. In individual cases, depending on the prize competition, we may collect further personal data, about which we will inform you in the appropriate context.

It is your free decision whether you provide us with this data. However, we cannot fulfill your participation request without your e-mail address. The purpose of providing your e-mail address is to identify you as a one-time participant and to inform you in case you win.

In principle, your personal data will not be transferred to third parties.

The data processing described above for the purpose of participation in the prize competition is carried out in accordance with Art. 6 para. 1 lit. b) DSGVO.

As soon as a prize competition has ended and the winners have been drawn and notified, your personal data processed via the prize competition form will be deleted. Relevant statutory retention periods remain unaffected by this. During the statutory retention period, your personal data will be blocked and will not be used for any other data processing.

3.9 Contact options

Visitors to our website can use the options listed below to contact us. In each case, we process in particular those personal data that you provide to us in this context.

3.9.1 WhatsApp

You have the option to contact us via the messenger service WhatsApp. This is a service of "WhatsApp" (WhatsApp Ireland Limited, WhatsApp Legal Department, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). WhatsApp is a part of Meta Platforms Inc, 1601 Willow Road, Menlo Park, California 94025, USA ("Meta").

Specifically, we use the WhatsApp Business API, a technical interface provided by our technical service provider "LivePerson" (LivePerson, New York (HQ), NY. United States. 475 10th Ave 5th Floor ) is managed. Through this included encryption of the communication, the provider of the messenger service does not gain access to the contents of the communication, but only to so-called metadata (for example, about participants and time period of a communication).

We only process the information and data that you provide to us during the chat conversation. This includes, for example, your first and last name, your phone number, your messenger ID, your profile picture and your message history with us. WhatsApp uses this data to share it within the Facebook group for unspecified purposes (for more information on data processing by WhatsApp, see https://www.whatsapp.com/legal/?eea=1#privacy-policy).

The use of our WhatsApp channel is completely voluntary for you and you can of course also contact us by other means (e.g. e-mail or telephone).

Section 25 (2) para. 2 no. 2 TTDSG serves as the legal basis for any associated storage of information on your terminal device and its subsequent readout. The following processing of your personal data is based on our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO. If your contact is directed towards the conclusion of a purchase contract, the legal basis is Art. 6 para. 1 lit. b) DSGVO.

For your own protection of your personal data, please refrain from informing us in particular of special categories of personal data within the meaning of Art. 9 para.1 DSGVO (for example: health data) about this.

The metadata described above may be transferred to the messenger service provider in the USA. Furthermore, by transferring to the technical service provider described above, LivePerson, your personal data may be transferred outside the EU/EEA to the USA. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. In particular, due to the lack of an adequacy decision and without appropriate safeguards, there is a risk that your data may be processed by U.S. authorities for control and for monitoring purposes, possibly also without legal remedies. In order to be able to ensure adequate protection of your personal data in case of transfer of personal data to such so-called third countries, we have concluded so-called EU-US standard contractual clauses with the service provider. Furthermore, where possible, we are in exchange with the service provider to ensure the protection of your personal data with any additional measures that may be required.

The data provided and the message history with our service desk will be stored for follow-up questions and subsequent contacts and, after the purpose of storage has ceased to apply, deleted in accordance with data protection law, insofar as there are no statutory retention periods to the contrary.

3.9.2 LiveChat

If you wish to contact us via LiveChat, you must consent to the use of the required cookie from the provider "LivePerson" (LivePerson, New York (HQ), NY. United States. 475 10th Ave 5th Floor). Without this consent, we cannot offer you the use of LiveChat. Legal basis for the associated storage of information on your terminal device and its subsequent reading according to is § 25 para. 1 p. 1 TTDSG. You can revoke this consent for the future at any time by deactivating the cookies in your browser settings or in our cookie content manager. The following processing of your personal data is based on your expressly given consent according to Art. 6 para. 1 lit. a) DSGVO. You can revoke this consent at any time by deactivating the cookies in your browser settings or in our Cookie Consent Manager for the future. The provider "LivePerson" also receives access to the personal data that you communicate to us via LiveChat. You can find more information about this in the privacy policy of "LivePerson" https://www.liveperson.com/policies/privacy/.

Subsequently, we only process the information and data that you provide to us during the chat conversation. The legal basis for this processing of your personal data is based on our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO. If your contact is directed towards the conclusion of a purchase contract, the legal basis is Art. 6 para. 1 lit. b) DSGVO.

3.9.4 E-Mail

We offer you the possibility to send us your request by e-mail. In addition to your e-mail address, we process the information and data that you provide to us in this way. We use the ticket system Zendesk, a customer service platform of Zendesk Inc., 989 Market Street #300, San Francisco, CA 94102, USA, to process customer inquiries.

The legal basis for any associated storage of information on your terminal device and its subsequent readout is Section 25 para. 2 No. 2 TTDSG. The following processing of your personal data is based on our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO. If your contact is directed towards the conclusion of a purchase contract, the legal basis is Art. 6 para. 1 lit. b) DSGVO.

For your own protection of your personal data, please refrain from providing us in particular with special categories of personal data within the meaning of Art. 9 para. 1 DSGVO (for example: health data) via this without separate encryption.

For more information about Zendesk's data processing, please see Zendesk's Privacy Policy at: https://www.zendesk.de/company/privacy-and-data-protection/.

3.9.5 Telephone

You can reach us by telephone to clarify your request. In doing so, we process the personal data that you provide to us during the call. We use the ticket system Zendesk, a customer service platform of Zendesk Inc., 989 Market Street #300, San Francisco, CA 94102, USA, to process customer inquiries.

The legal basis for any associated storage of information on your terminal device and its subsequent readout is Section 25 para.2 No. 2 TTDSG. The following processing of your personal data is based on our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO. If your contact is directed towards the conclusion of a purchase contract, the legal basis is Art. 6 para. 1 lit. b) DSGVO.

For more information about Zendesk's data processing, please see Zendesk's Privacy Policy at: https://www.zendesk.de/company/privacy-and-data-protection/.

4. Data transfer

We will only share your personal information with third parties if:

you have given your express consent to this in accordance with Art. 6 para. 1 lit. a) DSGVO
this is legally permissible and necessary according to Art. 6 para. 1 lit. b) DSGVO for the fulfillment of a contractual relationship with you
according to Art. 6 para. 1 lit. c) DSGVO a legal obligation for the transfer exists
the disclosure is necessary in accordance with Art. 6 para. 1 f) DSGVO for the protection of legitimate business interests, as well as for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data.

Which data processing is concerned in the specific case can be found below the respective data processing described.

Furthermore, due to legal requirements, we are obliged in certain cases to disclose your personal data to third parties. This is the case, for example, if there is suspicion of a criminal offense or misuse of our website. We are then obliged to pass on your data to the relevant law enforcement authorities. In addition, your data is stored exclusively in our database and on our servers or those of our order processors.

5. Data processing for advertising purposes

5.1 (personalised) E-mail advertising with newsletter registration

We offer you the Affenzahn newsletter service. With your consent, you can subscribe to our newsletter, with which we inform you about product news, events, prize competitions and current offers.

How do I register?

For the dispatch of our newsletter requiring registration, we use the so-called double opt-in procedure, i.e. we will only send you a newsletter if you have previously expressly consented that we should activate the newsletter service. In addition, you must confirm that the e-mail address you have provided belongs to you. For this purpose, we will send you a notification e-mail and ask you to confirm that you are the owner of the e-mail address provided by clicking on a link contained in this e-mail.

What data is collected and how?

When you register for a newsletter, we automatically save your IP address and the times of registration and confirmation. This allows us to prove that you have actually registered and, if necessary, to detect misuse of your e-mail address.

The only mandatory data for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and will be used to address you personally. We use the resulting data exclusively for sending the requested information and offers.

In order to continuously improve your shopping experience and to protect you from unnecessary advertising, we use the information you provide and automatically generate to design individual advertising tailored to you and your interests. For example, we use confirmations of receipt and reading of e-mails, your order history, date and time of your visit to the homepage or product pages that you have visited. We create a profile about you by collating all the information you have provided to us directly or indirectly. The analysis and evaluation of this information enables us to send you individualized advertising. Our goal in doing so is to make our advertising more useful and interesting to you. In this way, we want to prevent indiscriminate advertising and only send you advertising, for example in the form of newsletters or product recommendations in e-mails, which corresponds to your interests.

We generally process the following personal data from you:

- Name

- your address

- e-mail address

- IP address

- Payment, purchase and transaction information (if available to us)

- Browsing information

- Behavioural and preference information (if available to us)

For the provision, processing and dispatch of the newsletter, we use the newsletter software Mailjet, a service of Mailgun Technologies, Inc. 112 E Pecan St #1135 San Antonio, TX 782, USA (hereinafter: “Mailgun”). Mailgun is prohibited from disclosing your data to third parties without authorization or from using it for purposes other than sending newsletters.

The legal basis for the processing of the data after registration for the newsletter by the user is Art. 6 para. 1 lit. a) DSGVO if the user has given his consent. If you do not wish to receive individual advertising, you can revoke your consent to the newsletter service at any time with effect for the future (see below). If your child has not reached the age of 16, we collect personal data of your children, after giving your consent in accordance with Art. 6 para. 1 a) DSGVO in conjunction with Art. 8 para. 1 DSGVO, only in connection with the order of the newsletter for the purpose of customizing the newsletter to send you age-appropriate information and product recommendations. You can also revoke this consent at any time with effect for the future (see below).

In this context, personal data may be transferred to Mailgun in the USA. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. In particular, due to the lack of an adequacy decision and without appropriate safeguards, there is a risk that your data may be processed by U.S. authorities for control and for monitoring purposes, possibly also without legal remedies. In order to be able to ensure adequate protection of your personal data in case of transfer of personal data to such so-called third countries, we have concluded so-called EU-US standard contractual clauses with the service provider. Furthermore, where possible, we are in exchange with the service provider to ensure the protection of your personal data with any additional measures that may be required. You can find more information about the provider https://www.mailjet.com/legal/privacy-policy/.

How do I log out?

You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in each newsletter e-mail or by e-mail to info@ergobag.de or by sending a message to the contact details provided in the imprint. Your e-mail address and optionally title and name will be stored as long as you have subscribed to the newsletter. After unsubscribing from the newsletter, your e-mail address and other data will be deleted. Your data will be stored for 5 years and then properly deleted, unless they are subject to statutory retention periods.

5.2 E-mail advertising without newsletter registration and your right of objection

If we receive your e-mail address in connection with the sale of a product or service and you have not objected to this, we reserve the right, on the basis of Section 7 para. 3 of the German Unfair Competition Act (UWG), to regularly send you e-mail offers for products similar to those you have already purchased from our range.

This serves to protect our legitimate interests in addressing our customers in an advertising manner, which outweigh our interests. The legal basis is therefore Art. 6 para. 1 lit. f) DSGVO.

You can object to this use of your e-mail address at any time by sending a message to the contact option described above or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

For the provision, processing and dispatch of the newsletter, we use the newsletter software Mailjet, a service of Mailgun Technologies, Inc. 112 E Pecan St #1135 San Antonio, TX 782, USA. Mailgun is prohibited from disclosing your data to third parties without authorization or from using it for purposes other than sending newsletters.

You can find more information Mailjet Personal Data Protection and Privacy Policy | Mailjet.

5.3 Postal advertising and your right of objection

In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g. to send you interesting offers and information about our products by mail.

This serves to protect our legitimate interests in an advertising approach to our customers, which outweigh our interests in the context of a balancing of interests pursuant to Art. 6 para. 1 p. 1 lit. f) DSGVO.

You can object to the storage and use of your data for these purposes at any time with effect for the future by sending a message to the contact option described above.

6. Evaluation of the online shop

We offer you the opportunity to submit reviews of our online store and your order. If we receive your e-mail address in connection with the sale of a product or service, you have submitted a review at the end of an order and have actively submitted the review to us, we reserve the right in individual cases to contact you by e-mail in order to ask follow-up questions about your review at a later date. Your rating is used for analysis and optimization purposes.

We process your personal data on the basis of your consent in accordance with Art. 6 para. 1 lit. a) DSGVO.

We only process the information and data that you provide to us via your rating. This includes, for example, your email address, transaction ID and browser information.
The data provided and your rating will be stored for subsequent contact and deleted in accordance with data protection regulations after the purpose of storage no longer applies, provided that there are no legal retention periods to the contrary.

7. Cookies and web analytics

We use cookies on our website. Cookies are small files that are sent by us to the browser of your terminal device during your visit to our website and stored there.

Some functions of our website cannot be offered without the use of technically necessary cookies. Other cookies, however, enable us to perform various analyses. Cookies are, for example, able to recognize the browser you use when you visit our website again and to transmit various information to us. With the help of cookies, we can, among other things, make our website more user-friendly and effective for you, for example by tracking your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, they collect the information directly via your browser. Cookies do not cause any damage to your end device. They cannot execute programs or contain viruses.

Various types of cookies are used on our website, the type and function of which are explained in more detail below.

Function 1: Essential (or technically necessary) cookies

These cookies are required for technical reasons so that you can visit our website and use functions offered by us. In addition, these cookies contribute to a safe and compliant use of the website.

Function 2: Marketing Cookies

Advertising cookies (third party) allow you to view various offers that match your interests. Via these cookies, the web activities of users can be recorded over a longer period of time. You may recognize the cookies on different end devices used by you. Furthermore, certain cookies allow us to connect to your social networks and share content from our website within your networks.

The legal basis for the use of technically necessary cookies for the linked storage of information on your terminal device and its subsequent readout is Section 25 para. 2 No. 2 TTDSG. The following processing of your personal data is based on our legitimate interest according to Art. 6 para. 1 lit. f) DSGVO.

For non-technically necessary cookies or so-called third-party cookies, we require your consents. If you have given us your consents for the use of a non-technically necessary cookie on the basis of a notice ("cookie banner") issued by us on the website, the permissibility for the associated storage of information on your terminal device and its subsequent reading is governed by Section 25 para. 1 sentence 1 TTDSG. You can revoke this consent for the future at any time by deactivating cookies in your browser settings or in our Cookie Consent Manager.

The following processing of your personal data is based on your explicit consent pursuant to Art. 6 para. 1 a) DSGVO. You can also revoke this consent for the future at any time by deactivating cookies in your browser settings or in our Cookie Consent Manager.

As soon as the data transmitted to us via the cookies is no longer required to achieve the purposes described above, this information is deleted, in particular when the cookies are deactivated. Further storage may take place in individual cases if this is required by law. The management of cookie settings is possible for you via the setting options listed below or by configuring your browser settings.

Most browsers are preset to accept cookies by default. However, you can configure your respective browser so that it only accepts certain cookies or no cookies at all. We would like to point out, however, that you may no longer be able to use all the functions of our website if cookies are deactivated by your browser settings on our website. You can also delete cookies already stored in your browser via your browser settings or have the storage period displayed. Furthermore, it is possible to set your browser to notify you before cookies are stored. Since the various browsers may differ in their respective functionalities, we ask you to use the respective help menu of your browser for the configuration options. If you want a comprehensive overview of all third-party accesses to your Internet browser, we recommend installing specially developed plug-ins for this purpose.

You can find more information about the cookies used in detail in our Cookie Consent Manager. Furthermore, you can manage your consents there. Manage your consent.

8. Hyperlinks and other linked elements to external websites

Our website contains so-called hyperlinks and other linked elements to websites of other providers. If you activate these hyperlinks, you will be redirected from our website directly to the website of the other provider. You can recognize this by the change of URL, among other things. We cannot accept any responsibility for the confidential handling of your data on third-party websites, as we have no influence on whether these companies comply with data protection regulations. This applies in particular to links to our social media channels on Instagram, Facebook, Pinterest and TikTok. Please refer directly to these websites for information on how these platforms handle your personal data.

With regard to certain processing operations, we are jointly responsible under data protection law with, in particular, Facebook and Instagram in accordance with Art. 26 DSGVO.

In cases where we are jointly responsible for the processing with the operator, you will find the main contents of the joint processing here: https://www.facebook.com/legal/terms/page_controller_addendum

In addition to FOND OF GmbH, the following companies are responsible for the corporate websites:

Facebook (Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland)
Instagram (Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland)
Pinterest (Pinterest Europe Ltd., Palmerston House, 2nd Floor Fenian Street Dublin 2, Ireland)
TikTok (TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland)

However, you use the platforms at your own risk, in particular the interactive functions (e.g. commenting, sharing, liking, videos, images). We reserve the right to delete unlawful, racist or otherwise offensive comments that are shared on our pages. This applies, for example, to illegal or hate comments, offensive comments or images/videos.

All posts published by you on our pages remain accessible within the account for an unlimited period of time, unless we delete them due to an update of the underlying topic, a legal violation or a violation of our guidelines, or you delete the post yourself.

We have no influence on the deletion of your personal data by the platforms. The data protection provisions of the respective platform apply. In this context, personal data may be transferred to countries outside the EU/EEA, in particular to the USA. The USA is considered by the European Court of Justice to be a country with an inadequate level of data protection by EU standards. Due to the lack of an adequacy decision and without suitable guarantees, there is a particular risk that your data may be processed by US authorities for control and monitoring purposes, possibly without the possibility of legal recourse. In order to be able to guarantee adequate protection of your personal data in the event of the transfer of personal data to such so-called third countries, we have concluded so-called EU-US standard contractual clauses with the service provider. Meta Platforms, Inc. is certified in accordance with the “EU-US Data Privacy Framework” (DPF). In addition, where possible, we are in contact with the service provider to ensure the protection of your personal data with any additional measures that may be necessary.

In particular, the following personal data may be processed:

User content
Date of birth
Profile information
Profile picture
Usage data
Device information
Smartphone-related information, if applicable
First and last name
Internet service provider
IP address

We publish and share current offers, new products, competitions and current trends about ergobag on the respective accounts. We also collect data for statistical purposes in order to further develop and optimize the content and to make the ergobag offer more attractive. The data required for this is processed and made available by the respective providers. The legal basis for data processing is Art. 6 para. 1 lit. f) DSGVO. Data processing is carried out in the interests of our communication and public relations work. We have no influence on the presentation, scope, type and purpose of data processing by the social media platform. In addition, your personal data is processed for market research, communication and advertising purposes. Based on your usage behavior and the resulting interests, usage profiles such as your habits, personal relationships, preferences, etc. may be created. This allows, among other things, interest-based advertisements and personalized product recommendations to be displayed within and outside the platforms that presumably correspond to your interests. This is usually done with the help of cookies that are stored on your computer in order to evaluate your user behavior. Irrespective of this, data that is not collected directly from your end devices may also be stored in your usage profiles. The storage and analysis also takes place across devices; this applies in particular, but not exclusively, if you are registered as a member and logged in to the respective platforms. As already stated, we cannot influence the companies' web tracking methods.

If you have set up a user profile on one of the above-mentioned social networks, the means, scope and purposes of processing personal data on the social networks are primarily determined by the respective platforms. If you are logged into your respective account, you enable the providers to assign your surfing behavior directly to your personal profile. In addition, the company may be able to determine your user name and possibly even your name from the transmitted data and assign this information to your personal user account with the social media service. You can prevent this by logging out of the respective account.

You can also contact us via our social media accounts. We process the data you provide to us in order to process your request. For this purpose, your data may also be transmitted to the office responsible for your request. This body could also be a third party.
You can find more information on the options to object and the processing of your data by these platforms under the following links:

Facebook
Privacy policy: https://www.facebook.com/about/privacy/
Opt-out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com

Instagram
Privacy policy: https://help.instagram.com/519522125107875
Opt-out: http://www.networkadvertising.org/managing/opt_out.asp and http://www.youronlinechoices.com

Pinterest
Privacy policy: https://policy.pinterest.com/en/privacy-policy
Opt-out: https://help.pinterest.com/en/article/personalization-and-data

TikTok
Privacy policy: https://www.tiktok.com/legal/page/eea/privacy-policy/en
Opt-out: https://support.tiktok.com/en/account-and-privacy/personalized-ads-and-data/personalization-and-data

Meta Platforms, Inc. is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?id=a2zt0000000GnywAAC&status=Active

9. Management of social media channels

The data supplied to us by the social media network providers is processed by the social media management software "Hootsuite", Hootsuite Media Inc, 111 East 5th Avenue, Vancouver, BC V5T4L1, Canada.

Hootsuite supports us managing our business accounts on social media channels (Instagram and Facebook). Thereby following data of yours is processed:

Profile name and profile picture of users
Personal data that you share with us through comments or messages

The legal basis for the processing of your personal data is Art. 6 (1) para. 1 Art. 6 para. 1 p. 1 lit. b) DSGVO. Hootsuite is used to manage our various social media business accounts. Posts can be planned, created, published, reviewed, liked and shared in it. At the same time, our social media channels can also be tracked within Hootsuite and the performance of our posts can be analyzed to plan further content on social media channels and optimize our social media strategy based on this analysis. It also allows managing customer conversations.

In this context, personal data may be transferred to countries outside the EU/EEA, in particular to Canada. Canada is a so-called third country. Third countries generally do not meet the EU standards of data protection. For data transfers to a third country, appropriate safeguards are required to ensure an adequate level of data protection regarding the personal data. To ensure an adequate level of protection for your personal data in the event of a transfer of personal data to Canada, the European Commission has adopted an adequacy decision in respect to Canada pursuant to Article 45 of the GDPR, which states that Canada provides an adequate level of protection for personal data. The adequacy decision can be viewed at the following link: EUR-Lex - 32002D0002 - EN - EUR-Lex (europa.eu). Furthermore, we are in contact with the service provider to ensure the protection of your personal data with additional measures where possible.

For more information on data processing and the privacy policy of "Hootsuite", please see the following links:

10. value vouchers

We use the data provided in the context of an order for value vouchers to check and process the order and to send and redeem the voucher. This also includes the documentation and processing of data related to the redemption of the voucher.

The following data is processed in the context of ordering vouchers and processing payment by means of a voucher:

Date of issue
Voucher value
Voucher code
Name of the invoice recipient
Invoice address
Date of voucher redemption

11. Your rights

As a concerned party, you have the following rights:

in accordance with Art. 15 DSGVO the right to request information about your personal data processed by us to the extent specified therein;
in accordance with Art. 16 DSGVO the right to demand the correction of incorrect or completion of your personal data stored by us without delay;
in accordance with Art. 17 DSGVO the right to request the deletion of your personal data stored by us, unless the further processing is necessary o to exercise the right to freedom of expression and information; o to fulfill a legal obligation; o for reasons of public interest or o for the assertion, exercise or defense of legal claims;
in accordance with Art. 18 DSGVO the right to request the restriction of the processing of your personal data, insofar as o the accuracy of the data is disputed by you; o the processing is unlawful, but you object to its erasure; o we no longer need the data, but you need them to assert, exercise or defend legal claims, or o you have objected to the processing pursuant to Art. 21 DSGVO;
in accordance with Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
the right to complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, as well as revocation of any consent given or objection to a particular use of data, please contact our above-mentioned data protection officer.

Right of objection
Insofar as we process personal data as explained above in order to protect our legitimate interests which prevail in the context of a balancing of interests, you can object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you will only have the right to object if there are reasons arising from your particular situation. After exercising your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate reasons for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. This does not apply if the processing is for direct marketing purposes. In this case, we will not further process your personal data for this purpose.