PRIVACY POLICY

Last modified: August 18, 2022

 

INTRODUCTION

 

ACCEPTANCE OF THE PRIVACY POLICY

These „Privacy Policy“ are entered into by and between You and BRAX Store GmbH & Co. KG (referred to as “BRAX,” “Company,” “we,” or “us”). 

Please read the Privacy Policy carefully before you using this Website.  By using using this website or by clicking to accept or agree to Privacy Policy when this option is made available to you, you accept and agree to be bound and abide by these Privacy Policy, the Terms of Use, and our Terms and Conditions For Online Sale of Goods and Services, incorporated herein by reference.  If you do not want to agree to these Privacy Policy, Terms of Use, or the Terms and Conditions For Online Sale of Goods and Services, you must not access or use the Website.

This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

Arbitration notice: Please read the binding arbitration and class action waiver provisions in the dispute resolution and binding arbitration section in the terms of use. Those provisions affect how disputes are resolved. The arbitration and dispute resolution section, with limited exceptions, requires you to submit disputes and claims you have against brax to binding and final arbitration on an individual basis. Please read those provisions carefully as they affect your legal rights.

 

GENERAL

BRAX (BRAX Store GmbH & Co. KG, Wittekindstraße 16-18, 32051 Herford, Germany) is the operator of the website and responsible for processing the personal data of users of the site. You will find our contact details in the Legal Notice of the website. Our points of contact for questions and concerns regarding the processing of your personal data are provided in this Privacy Policy.

We take your privacy and the protection of your personal data very seriously. We will record, store and use your personal data exclusively in compliance with the content of this Privacy Policy and the applicable provisions of legislation governing data protection, including the provisions of the European General Data Protection Regulation (GDPR) and national law.

Our Privacy Policy is intended to inform you of the extent to which your personal data will be processed in connection with the use of our website and the purposes of such processing.

 

PERSONAL DATA

Personal data means any information relating to an identified or identifiable natural person. That includes all information on your identity such as, for example, your name, your e-mail address or your postal address. Information that cannot be used to establish your identity (such as, for example, statistics, e.g., on the number of users of the website) is not considered personal.

You may also use our website without disclosing your identity or providing your personal data. We will then record only general information on your visits. However, your personal data will be collected for some of the services offered. We will then process your data exclusively to permit the use of this website, in particular to provide the desired information. When entering personal data, only data that are identified as mandatory must be provided. It may also be possible to provide additional information, in which case such information will be provided voluntarily. We will indicate whether information to be submitted is mandatory or voluntary. You will find more specific information in the relevant sections of this Privacy Policy.

No automated decisions will be made in connection with the use of our website on the basis of your personal data.

 

PROCESSING OF PERSONAL INFORMATION

Technical and organizational measures will be taken to protect your data against loss, destruction, access, modification or dissemination by unauthorized third parties. Only very few, authorized individuals will be able to access your data. These individuals will be responsible for providing the technical, commercial or editorial support required by the servers. Despite systematic controls, it is, however, not possible to guarantee protection against all risks.

Your personal data will be sent over the public internet in encrypted form. We use secure socket layer (SSL) encryption to transmit data.

 

TRANSFER OF PERSONAL DATA TO THIRD PARTIES

We will use your personal information exclusively to perform the services you request. In the event we use external providers to provide services on our behalf, their access to your data will be limited exclusively to the extent required to perform such services. We will take technical and organizational measures to ensure compliance with regulations governing data protection and require that our external providers agree to do so as well.

We will also not make your personal data available to third parties without your express consent, in particular not for advertising purposes. We will make your personal data available to third parties only if you have given your consent or if we are authorized or required to do so by law and/or administrative or judicial order. This may involve in particular disclosure for the purposes of criminal prosecution, avoidance of danger or enforcement of proprietary rights.

 

DELETION AND DURATION OF STORAGE OF DATA

We will regularly delete or block your personal data when the purpose for the storage of such data no longer applies. Data may, however, also be stored if necessary to comply with regulatory requirements, for example, as regards our legal duties of retention and documentation. In such cases, we will delete or block your personal data as soon as the relevant requirement no longer applies.

 

USE OF OUR WEBSITE

 

INFORMATION ON YOUR COMPUTER

Whenever you visit our website, we will record your registration as well as other information, including the IP address of your computer, the request from your browser and the date and time of the request. We will also record the status and volume of data transmitted in connection with your request. We will further record the product and version information of the browser used and your computer’s operating system. Plus we will record the IP address from which our website is accessed. The IP address of your computer will be stored only while you are using our website and then be deleted or anonymized by shortening it. The remaining data will be stored for a limited time.

We use these data to operate our website, in particular to detect and eliminate errors and make adjustments or improvements.

 

Use of (third-party) technologies (especially tracking) and cookies

As on many websites, we use (third-party) technologies (in particular, tracking), including cookies, on our website. Cookies are small text files that your browser stores on your hard drive. When you visit our website again, we and our service providers can retrieve the stored cookie information. We and our service providers use browser and flash cookies and other common technologies, including small graphics known as pixel tags, counting pixels, web beacons or clear GIFs, in connection with the provision of our website to track our users’ use of our website. We refer to such other technologies and cookies generally as “cookies.”

Cookies enable us to recognize your computer and make any preferred settings available immediately. Cookies help us improve our website and offer you better service tailored to your interests.

The cookies we use are what are referred to as “session cookies”, which means they are automatically deleted at the end of the browser session. In isolated cases, we may also use cookies that will be stored on your computer longer so that your settings and preferences can also be taken into account the next time you visit our website.

Most browsers are set to accept cookies automatically. However, you can block cookies or set your browser to notify you whenever a cookie is placed. It is also possible to manually delete cookies that have already been set by using the settings of your browser. Please keep in mind that you may not be able to use some or all of the features of our website if you block all cookies or clear necessary cookies.

We also use the (third-party) technologies (in particular, tracking) listed below. In each case, detailed information on the technology used, such as the purpose of processing, what data is processed, the storage period and the service providers used are listed with the respective third-party service, where you can also withdraw your consent for each individual service at any time. If you prohibit the use of technologies, some features may not work properly.

 

 

REGISTRATION / BRAXCLUB

 

 

You can register to use our website as a member of the BRAXCLUB. All you have to do is provide the information requested during the registration process, for example, your name, address and e-mail address, and accept the GENERAL TERMS & CONDITIONS FOR BRAXCLUB MEMBERSHIP (downloadable at www.braxclub.com). We will also record the date and time of registration as well as the IP address. In the course of the registration process, we will ask you for consent to use your data. That will give you the benefit of not having to enter your data every time you visit our website or place an order.

The information that must be entered in the mandatory fields in the course of the registration process is required to fulfill the conditions of or enter into a contractual agreement with us in respect of specific services. You are, however, under no obligation to register and may also place orders as a guest. In that case, you must enter all data required to process the transaction every time you place an order.

When you register, we will create a customer account for you. We will store the data for your customer account as long as you remain an active customer. If no activity is recorded for a period of three years, the account will be put on inactive status. You can require that we close your customer account at any time.

 

PROCESSING OF ORDERS

 

 

We will ensure that the personal information you provide in connection with any order (your name and place of residence, date of birth, size and gender and e-mail address as well as your banking particulars) is used only by our Company and its associated undertakings or partner companies contracted to process orders.

 

STORAGE AND TRANSFER OF ORDER DATA

We partner with various providers for the purposes of fulfilling orders. These partner companies handle payment processing and shipment, and we take measures to ensure that our partners also comply with the provisions of legislation governing data protection. For example, we will make your address data (name and address) available to the respective delivery service providers that deliver the products you order.

We will retain such data as long as required to fill your order. We also store such data to be able to fulfill our post-contractual obligations and comply with the provisions of commercial and tax law governing mandatory retention periods. The retention period will as a rule be 10 years from the end of the respective calendar year.

 

PAYMENT PROCESSING FOR ORDERS, PAYPAL, ONLINE BANK TRANSFERS

Depending upon the payment method you choose, payments for orders may also be processed by involving a service provider.

If payment is made by credit card, the necessary data such as your name, address and information on the purchase will be forwarded to the respective credit card association – the payment service provider Concardis GmbH, Butzweiler Stern Haus 1, Butzweilerhof-Allee 2 – 4, D-50829 Cologne, in the case of MasterCard or VISA.

A link is provided to direct you to the website of Paypal to permit payment via PayPal. This will involve processing your personal data. Such data will include your name, address, e-mail address and possibly your telephone number as well as banking or credit card particulars. Please consult the Terms & Conditions, User Agreement and Privacy Statement of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, online at www.paypal.com.

To make payment via “Sofortüberweisung”, a link will direct you to the website of Sofort GmbH, a subsidiary of Klarna bank AB (publ), Sveavägen 46111 34 Stockholm, Sweden. This will involve processing your personal data. Such data will include your name, address, e-mail address and possibly your telephone number as well as banking or credit card particulars. In this case, please consult the General Terms & Conditions, Terms of Use and Privacy Policy of Klarna, which can accessed at https://www.klarna.com.

We will retain such data as long as required to fill your order. In addition, we will store such data to be able to fulfill any post-contractual obligations we might have and comply with the provisions of commercial and tax law governing mandatory retention periods. The retention period will as a rule be 10 years from the end of the respective calendar year.

 

CREDIT SCORES

Depending upon the method of payment you choose, it may be necessary to check your credit score. In that case, we will request your consent to use the services of an external service provider to check your credit score, which will involve making available your data (name, address, date of birth, amount of order) for such purposes.

We will transmit your data to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, to have your credit score checked, to assess the risk of default using mathematical models and address data and to validate your address (verification of deliverability).

Detailed information on ICD, i.e., information on the business of the company, on the purposes of storage of the data, on the recipients of the data, on the right to information, on the right to erasure or rectification, etc., may at https://finance.arvato.com/icdinfoblatt.

 

SWEEPSTAKES AND CONTESTS

Information requested in connection with sweepstakes or contests will be processed for the purposes of holding and managing the respective sweepstakes or contest. Data of participants will not be merged with other information. Winning participants will be contacted by using the data they have provided. In addition, we also reserve the right to disclose the names of winners in abbreviated form or – with the consent of the winners – their full names on our websites as well as through other media (Facebook). We will delete the data of all participants at the end of the sweepstakes or contest. Participants will have the right to object to the use of the information provided at any time by notifying the responsible party. In that case, the data will be deleted and participation in the sweepstakes or contest will then no longer be possible.

Participation in sweepstakes or contests will not depend upon consent to marketing measures. If consent is granted in connection with participation in a sweepstakes or contest, we will retain the data of participants for use in accordance with such consent. Consent to marketing measures may be withdrawn with immediate effect at any time; Withdrawal of consent will, however, have no effect on the chances of winning.

 

APPLICATION PORTAL

 

 

Our Application Portal enables you to apply for a position with us and submit all necessary supporting information and documentation online. The use of our Application Portal is voluntary. You can also submit your application by e-mail or by postal mail.

When we receive your application through the Application Portal, the information and documentation will be electronically forwarded to the appropriate personnel. If you apply for a posted position, your information and documentation will be automatically deleted three months after the end of the hiring process unless legitimate interests dictate otherwise. In the case of an application that is not submitted in response to a posting (unsolicited application), the application will be retained as long as there is a possibility that the application may be of interest to us. You may also require that your application be deleted at any time prior to the end of the planned period of retention. In the case of a successful candidacy, data received for the purposes of management of the employment relationship will be stored in compliance with legal requirements.

 

COMMUNICATION WITH US

 

 

You can contact us in various ways, including by using the contact form on our website. In addition, we would like to send you our newsletter by e-mail on a regular basis to keep you informed.

 

CONTACT FORM

If you use the contact form on our website, we will record the personal data that you provide on the form, including in particular your name and e-mail address. In addition, we will record the IP address as well as the date and the time of the request. We will process data submitted via the contact form exclusively for the purposes of responding to your enquiry or request.

It is up to you to decide what information you would like to share with us through the contact form.

After we have processed your request or concern, the corresponding data will initially be retained in case any follow-up questions arise. You can request that the data be deleted at any time. Your data will otherwise be deleted when the matter has been completely resolved. Legal record-keeping requirements will remain unaffected.

 

NEWSLETTERS

If you subscribe to our newsletter, we will use your e-mail address for advertising purposes until such time as you unsubscribe. You will receive regular information by e-mail on current topics as well as e-mails on special occasions such as, for example, promotions. These e-mails may be personalized or customized on the basis of your user profile.

Unless you have given us your consent in writing, we will use what is referred to as a double opt-in for subscriptions to our newsletter, i.e., we will not start to send you our newsletter by e-mail until you have expressly confirmed that we should activate your subscription. We will then send you an e-mail message asking you click a link in the e-mail to confirm that you would like to receive our newsletter.

The legal situation is such that it is also possible that you may receive our newsletter without having given your express consent because you ordered goods or services from us, which therefore means we received your e-mail address and you did not object to receiving information by e-mail. In that case, our legitimate interest in direct marketing constitutes the legal basis pursuant to Art. 6(1)(f) GDPR.

By displaying the newsletter and opening the various links provided in the newsletter, you enable us to collect and analyze information that will be transmitted automatically. This will involve setting a persistent cookie when a link from the newsletter is opened for the first time. If this cookie is cleared in the meantime or you use another browser, the cookie will be set again. This cookie will enable us to recognize you and analyze your behavior on our website. The data that we collect will be used to create personal user profiles. This is how we attempt to improve the services we make available to you on an ongoing basis and provide you with information on suitable products and promotions that are even more likely to interest you.

Every link in the newsletter contains a random but unique identifier. We, or the external service provider we partner with, will record and store these identifiers when you open the corresponding links through your computer to obtain additional information from our website. The numbers in the links will not be associated with your name or other personally identifiable information without your express consent.

The only way to object to the collection and analysis of the use of links described above is to unsubscribe from the newsletter (Please click the "Unsubscribed" link at the end of the respective newsletter).

In the event you would prefer not to receive any further newsletters from us, you can withdraw your consent with immediate effect at any time or object to further receipt of the newsletter without incurring any expense other than the cost of communication at the basic rates. Simply use the unsubscribe link found in every newsletter or inform us ([email protected]) or our Data Protection Officer accordingly.

 

SOCIAL MEDIA

You will find links on our website to social media, including Facebook, Google+ and Instagram, Xing, a career-oriented social networking site, kununu, an employer-rating platform, and Twitter, the social networking service. The links are identified by the logos of their respective providers.

These social media sites, which are not governed by this Privacy Policy, can be accessed by clicking the links provided below. Details on the provisions that apply can be found in the respective privacy policies of the various providers. They are available at:

Facebook: http://www.facebook.com/policy.php

Instagram: https://help.instagram.com/155833707900388

Xing: https://www.xing.com/privacy

kununu: https://www.kununu.com/de/info/datenschutz

Twitter: https://twitter.com/privacy

Youtube: https://policies.google.com/privacy

Pinterest: https://policy.pinterest.com/de/privacy-policy

Whatsapp: https://www.whatsapp.com/privacy

No personal information is shared with any of these various providers before the respective links are opened. By accessing the linked site, you at the same time also provide the basis for the data processing by the respective provider.

 

YOUR RIGHTS AND CONTACT

 

 

For us, it is very important to make the processing of your personal data as transparent as possible and at the same time inform you of your rights. If you would like further information or exercise your rights, please feel free to contact us at any time so that we can address your concerns.

 

RIGHTS OF DATA SUBJECTS

You have extensive rights as regards the processing of your personal data. First of all, you have a right to detailed information and may if necessary have your personal data corrected and/or deleted or blocked. You can also have the processing of your personal data restricted or object to having your data processed. Finally, you also have a right to data portability in respect of personal data you have provided.

To exercise any of your rights and/or receive further information on this subject, please contact our Customer Service. Alternatively, you can also contact our Data Protection Officer.

 

WITHDRAWAL OF CONSENT AND RIGHT TO OBJECT

You can withdraw your consent with immediate effect at any time. Withdrawal of consent will not affect the lawfulness of processing based on your consent prior to withdrawal. Our Customer Service and our Data Protection Officer are the points of contact for such purposes.

You can object to having your personal data processed if such processing is based not on your consent, but on some other legal ground. In the case of any such objection, the situation will be reviewed and processing will be terminated accordingly. You will be informed of the results of our review and receive – if your data nevertheless continue to be processed – further information explaining why the data processing is permissible.

 

DATA PROTECTION OFFICER AND CONTACT

We have appointed a Data Protection Officer who supports our parent company and its subsidiaries. You can also contact our Data Protection Officer directly. Please feel free to contact our Data Protection Officer and his team if you have any questions or concerns regarding the processing of personal data:

Wolfgang Mews 
Leineweber GmbH & Co. KG
Wittekindstrasse 16 - 18
D-32051 Herford


You can also contact our Data Protection Officers personally by e-mail at [email protected].

 

COMPLAINTS

Please feel free to contact our Data Protection Officer if you are of the opinion that we are not processing your personal data in compliance with this Privacy Policy or the applicable provisions of legislation governing data protection. Our Data Protection Officer will then look into your concern and inform you of the results of our investigation.

 

FURTHER INFORMATION AND CHANGES

 

LINKS TO OTHER WEBSITES

Our websites may contain links to other websites. These links are as a rule identified as such. We cannot influence the extent to which such linked websites are in compliance with applicable data protection regulations. We therefore recommend that you also consult the respective privacy policies of such other websites.

 

CHANGES IN THIS DATA PROTECTION POLICY

The status of this Privacy Policy is indicated by the date (below). We reserve the right to change this Privacy Policy with immediate effect at any time. Such changes will occur in particular in the case of technical changes in our websites or changes in legislation governing data protection. The most recent version of our Privacy Policy can always be accessed directly through our website. We recommend that you regularly check this page to ensure that you are familiar with the most recent version of our Privacy Policy.