Data protection
Privacy Policy
1) Introduction and Contact Details of the Controller
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 the handling of your personal data when using our website. Personal data is any data with which you can be personally identified.
1.2 The controller for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Justin Ries, Kantstraße 40, 65232 Taunusstein, Germany, Tel.: 017651022468, E-mail: support@xoshyvintage.de. The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.
2) Data Collection when Visiting Our Website
2.1 When using our website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time of access
- Amount of data sent in bytes
- Source/referral from which you accessed the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Processing is carried out in accordance with Art. 6 (1) lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. There will be no disclosure or other use of the data. However, we reserve the right to retrospectively check the server log files if there are concrete indications of unlawful use.
2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to us), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the string "https://" and the lock symbol in your browser line.
3) Hosting & Content Delivery Network
Shopify
For the hosting of our website and the display of page content, we use the system of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify").
Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada.
All data collected on our website is processed on the provider's servers. We have concluded a data processing agreement with the provider, which ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.
In the case of data transfers to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.
4) Cookies
To make visiting our website attractive and to enable the use of certain functions, we use cookies, which are small text files stored on your device. Some of these cookies are automatically deleted after you close your browser (so-called "session cookies"), while others remain on your device for a longer period and allow for the storage of site settings (so-called "persistent cookies"). In the latter case, you can see the storage duration in the overview of your web browser's cookie settings.
If personal data is processed by individual cookies used by us, the processing is carried out either in accordance with Art. 6 (1) lit. b GDPR for the performance of a contract, in accordance with Art. 6 (1) lit. a GDPR in the case of consent given, or in accordance with Art. 6 (1) lit. f GDPR for the protection of our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the website visit.
You can set your browser to inform you about the setting of cookies and to decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or generally.
Please note that if cookies are not accepted, the functionality of our website may be limited.
5) Contacting Us
When contacting us (e.g., via contact form or e-mail), personal data is processed exclusively for the purpose of handling and responding to your request and only to the extent necessary for this purpose.
The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f GDPR. If your contact aims at concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b GDPR. Your data will be deleted when it can be inferred from the circumstances that the matter concerned has been finally clarified and provided that no statutory retention obligations prevent deletion.
6) Data Processing when Opening a Customer Account
In accordance with Art. 6 (1) lit. b GDPR, personal data will continue to be collected and processed to the extent necessary if you provide us with this data when opening a customer account. You can find out what data is required for opening an account from the input mask of the corresponding form on our website.
You can delete your customer account at any time by sending a message to the controller's address mentioned above. After deleting your customer account, your data will be deleted, provided that all contracts concluded through it have been fully processed, no statutory retention periods prevent deletion, and we no longer have a legitimate interest in continued storage.
7) Use of Customer Data for Direct Marketing
7.1 Subscription to our e-mail newsletter
If you subscribe to our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, which ensures that you only receive the newsletter after you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the e-mail address you provided.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 (1) lit. a GDPR. Here, we store your IP address registered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose.
You can unsubscribe from the newsletter at any time via the dedicated link in the newsletter or by sending a corresponding message to the controller mentioned at the beginning. After unsubscribing, your e-mail address will be immediately deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to further data use that is legally permitted and about which we inform you in this statement.
7.2 Klaviyo
Our e-mail newsletters are sent via the following provider: Klaviyo, Inc., 125 Summer St., Ste 600, Boston, MA 02110, USA.
Based on our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provide during newsletter registration to this provider in accordance with Art. 6 (1) lit. f GDPR so that they can take over the newsletter dispatch on our behalf.
Subject to your express consent in accordance with Art. 6 (1) lit. a GDPR, the provider also performs a statistical success analysis of newsletter campaigns using web beacons or tracking pixels in the sent e-mails, which can measure opening rates and specific interactions with the newsletter content. Device information (e.g., time of access, IP address, browser type, and operating system) is also collected and evaluated but not merged with other data records.
You can revoke your consent to newsletter tracking at any time with effect for the future.
We have concluded a data processing agreement with the provider, which protects the data of our site visitors and prohibits disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.
7.3 Cart Reminders by E-mail
If you abandon your purchase with us before completing the order, you have the option to be reminded once via e-mail of the contents of your virtual shopping cart.
The only mandatory information for sending this reminder is your e-mail address. The provision of further data is voluntary and may be used to address you personally. For sending the e-mail, we use the so-called double opt-in procedure, which ensures that you only receive a notification after you have expressly confirmed your consent to this by clicking on a verification link sent to the e-mail address you provided.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 (1) lit. a GDPR for sending a cart reminder. Here, we store your IP address registered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data we collect when you register for our e-mail notification service is used strictly for the intended purpose.
You can unsubscribe from cart reminders at any time by sending a corresponding message to the controller mentioned at the beginning. After unsubscribing, your e-mail address will be immediately deleted from our dedicated distribution list, unless you have expressly consented to further use of your data or we reserve the right to further data use that is legally permitted and about which we inform you in this statement.
8) Data Processing for Order Processing
8.1 To the extent necessary for contract fulfillment for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) lit. b GDPR.
If, based on a corresponding contract, we owe you updates for goods with digital elements or for digital products, we process the contact data transmitted by you during the order (name, address, e-mail address) to inform you personally about upcoming updates within the legally prescribed period in accordance with Art. 6 (1) lit. c GDPR via a suitable communication channel (e.g., by post or e-mail) as part of our legal information obligations. Your contact data will be used strictly for communications about updates owed by us and processed by us for this purpose only to the extent necessary for the respective information.
To process your order, we also cooperate with the following service provider(s), who support us entirely or partially in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
8.2 Disclosure of personal data to shipping service providers
- DHL
As a transport service provider, we use the following provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany
We pass on your e-mail address and/or telephone number in accordance with Art. 6 (1) lit. a GDPR before the delivery of the goods to the provider for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent for this in the order process. Otherwise, for the purpose of delivery in accordance with Art. 6 (1) lit. b GDPR, we only pass on the recipient's name and the delivery address to the provider. The transfer only takes place if this is necessary for the delivery of the goods. In this case, a prior coordination of the delivery date with the provider or the delivery announcement is not possible.
Consent can be revoked at any time with effect for the future vis-à-vis the controller named above or vis-à-vis the provider.
- DHL Express
As a transport service provider, we use the following provider: DHL Express Germany GmbH, Heinrich-Brüning-Str. 5, 53113 Bonn, Germany
We pass on your e-mail address and/or telephone number in accordance with Art. 6 (1) lit. a GDPR before the delivery of the goods to the provider for the purpose of coordinating a delivery date or for delivery notification, provided that you have given your express consent for this in the order process. Otherwise, for the purpose of delivery in accordance with Art. 6 (1) lit. b GDPR, we only pass on the recipient's name and the delivery address to the provider. The transfer only takes place if this is necessary for the delivery of the goods. In this case, a prior coordination of the delivery date with the provider or the delivery announcement is not possible.
Consent can be revoked at any time with effect for the future vis-à-vis the controller named above or vis-à-vis the provider.
8.3 Use of Payment Service Providers
- PayPal
One or more online payment methods from the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
If you select a payment method from the provider where you pay in advance, your payment data communicated during the order process (including name, address, bank and payment card information, currency, and transaction number) as well as information about the content of your order will be passed on to them in accordance with Art. 6 (1) lit. b GDPR. The transfer of your data in this case is solely for the purpose of payment processing with the provider and only to the extent necessary for this.
If you select a payment method where we pay in advance, you will also be asked during the order process to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, e-mail address, telephone number, possibly data for an alternative payment method).
In order to protect our legitimate interest in determining your creditworthiness in such cases, this data will be forwarded by us to the provider for a credit check in accordance with Art. 6 (1) lit. f GDPR. The provider checks, based on the personal data you have provided and other data (such as shopping cart, invoice amount, order history, payment experiences), whether the payment option you have chosen can be granted with regard to payment and/or default risks.
The credit report may contain probability values (so-called score values). Insofar as score values flow into the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, but not exclusively, flows into the calculation of the score values.
You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for contractual payment processing.
- PayPal Checkout
This website uses PayPal Checkout, an online payment system by PayPal, which consists of PayPal's own payment methods and local third-party payment methods.
When paying via PayPal, credit card via PayPal, direct debit via PayPal, or – if offered – "Pay Later" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), as part of the payment processing. The transfer takes place in accordance with Art. 6 (1) lit. b GDPR and only to the extent necessary for payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal, or – if offered – "Pay Later" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 (1) lit. f GDPR on the basis of PayPal's legitimate interest in determining your creditworthiness. PayPal uses the result of the credit check regarding the statistical probability of payment default to decide on the provision of the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things but not exclusively, is included in the calculation of score values. 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 for contractual payment processing.
If available and selected, for the PayPal payment method "Invoice purchase", your payment data will first be transmitted to PayPal for the preparation of the payment, whereupon PayPal will forward this to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay") for the execution of the payment. The legal basis in each case is Art. 6 (1) lit. b GDPR. In this case, RatePay performs an identity and credit check in its own name to determine creditworthiness according to the principle already mentioned above and transmits your payment data to credit agencies in accordance with Art. 6 (1) lit. f GDPR due to its legitimate interest in determining creditworthiness. A list of credit agencies that Ratepay can use can be found here: https://www.ratepay.com
When using a local third-party payment method, your payment data will first be transmitted to PayPal for the preparation of the payment in accordance with Art. 6 (1) lit. b GDPR. Depending on your selection of an available local payment method, PayPal will then transmit your payment data to the corresponding provider for the execution of the payment in accordance with Art. 6 (1) lit. b GDPR:
- Apple Pay (Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland)
- Google Pay (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland)
- iDeal (Currence Holding BV, Beethovenstraat 300 Amsterdam, Netherlands)
- Bancontact (Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium)
- BLIK (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland)
- EPS (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2 1200 Vienna, Austria)
- MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France)
- Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)
Further data protection information can be found in PayPal's privacy policy: https://www.paypal.com
- Shopify Payments
One or more online payment methods from the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
If you select a payment method from the provider where you pay in advance (e.g., credit card payment), your payment data communicated during the order process (including name, address, bank and payment card information, currency, and transaction number) as well as information about the content of your order will be passed on to them in accordance with Art. 6 (1) lit. b GDPR. The transfer of your data in this case is exclusively for the purpose of payment processing with the provider and only to the extent necessary for this.
9) Tools and Other
- sevDesk
For accounting purposes, we use the service of the cloud-based accounting software from the following provider: sevDesk GmbH, Hauptstraße 115, 77652 Offenburg, Germany
The provider processes incoming and outgoing invoices and, if applicable, also our company's bank transactions to automatically record invoices, match them to transactions, and generate financial accounting from them in a semi-automated process.
If personal data is processed in this context, the processing takes place on the basis of our legitimate interest in efficient organization and documentation of our business processes in accordance with Art. 6 (1) lit. f GDPR.
10) Rights of the Data Subject
10.1 The applicable data protection law grants you, as the data subject, the following data subject rights (rights of access and intervention) against us as the controller regarding the processing of your personal data, whereby the respective prerequisites for exercise refer to the legal basis cited:
- Right to information according to Art. 15 GDPR;
- Right to rectification according to Art. 16 GDPR;
- Right to erasure according to Art. 17 GDPR;
- Right to restriction of processing according to Art. 18 GDPR;
- Right to notification according to Art. 19 GDPR;
- Right to data portability according to Art. 20 GDPR;
- Right to withdraw consent given according to Art. 7 (3) GDPR;
- Right to lodge a complaint according to Art. 77 GDPR.
10.2 RIGHT TO OBJECT
IF, IN THE CONTEXT OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE THE PROCESSING OF THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
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 applicable – additionally by the respective statutory retention period (e.g., commercial and tax law retention periods).
When processing personal data on the basis of explicit consent in accordance with Art. 6 (1) lit. a GDPR, the data concerned will be stored until you revoke your consent.
If statutory retention periods exist for data processed within the framework of legal transactions or similar obligations on the basis of Art. 6 (1) lit. b GDPR, this data will be routinely deleted after the retention periods expire, provided it is no longer necessary for contract fulfillment or initiation and/or we no longer have a legitimate interest in continued storage.
When processing personal data on the basis of Art. 6 (1) lit. f GDPR, this data will be stored until you exercise your right to object according to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) lit. f GDPR, this data will be stored until you exercise your right to object according to Art. 21 (2) GDPR.
Unless otherwise stated in other information in this declaration about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
