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Privacy Statement

MARQUE NOIRE
Data protection statement

As at: 05/2018

This Data Protection Declaration gives you an overview of how MARQUE NOIRE processes your data. It applies to all websites and other benefits and services offered by MARQUE NOIRE.
Which services and offers this Data Protection Declaration applies to: MARQUE NOIRE processes your data in a similar way for most of our services. This Data Protection Declaration therefore applies to all benefits and services which we offer our European customers and the rest of the world. This is true regardless of whether we do this via a website, in transactions, on the phone, at events or via social networks or other channels. For ease of comprehension, we use the term “services” to summarise this “normal case”.

There are, however, also exceptional services where we process your data differently or for particular purposes. This may be due to the nature of a service or country-specific requirements. When we are referring to these cases (that is “deviations from the normal case”), we call them “service-specific” or “country-specific”.

 

Which data does MARQUE NOIRE process?

MARQUE NOIRE offers you a wide range of services, which you can also use in a wide range of ways. Depending on whether you contact us online, by phone or otherwise and on which services you use, various data from different sources may come into play. Much of the data we process is provided by you yourself when you use our services or contact us, for example when you register and provide your name or email address or address. We do, however, also receive technical device and access data which is automatically collected when you interact with our services. This may, for example, be information on which device you are using. We collect further data using our own data analyses (e.g. within the framework of market research studies and customer evaluations). We may also receive data on you from third parties, for example for credit rating agencies and payment service providers.

When we talk about “your data”, we are referring to personal data. This includes all information which allows us to identify you straight away or by combining it with other information. Examples: Your name, your telephone number, your customer number, order numbers or your email address. All information which cannot be used to identify you (even by combining it with other data) is classified as non-personal data. Non-personal data is also referred to as anonymous data. If we combine your personal data with anonymous data, all the data in this record counts as personal data. If we delete the personal data from a piece of information or a record on your person, the remaining data in this record no longer counts as personal data. This procedure is referred to as anonymisation. The following generally applies: If we request that you share particular personal information with us, you may of course refuse to do this. You can decide which information you share with us. We may, however, be unable to provide you with the desired services (at least not optimally). For example, you cannot have a package delivered without giving a delivery address. If particular information is required in connection with a service (mandatory information), we will inform you by marking it accordingly.

 

Contact details

If you contact us, we collect your data. Depending on how you contact us (e.g. by phone or by email), your contact details may include your name, postal addresses, telephone numbers, fax numbers, email addresses, detail on your social network profiles (for example we receive your Facebook ID if you contact us via Facebook), user names and similar contact details.

 

Shopping information

If you order something from MARQUE NOIRE or shop on site, we collect your shopping data. Depending on the type of purchase and processing status, shopping data may include the following information:

  • Order number
  • Details on the purchased items (name, size, colour, price etc.)
  • Payment method information
  • Delivery and billing addresses
  • Messages and communication relating to purchases (e.g. notice of revocation, complaints and messages to customer service)
  • Delivery and payment status, e.g. “in process” or “completed”
  • Information on service providers involved in executing the contract (for order purchasing perhaps shipment numbers of parcel services)

 

Payment details

We offer you the common payment methods in online retail – especially advance payment, credit card and PayPal. We collect the payment details shared by you in order to execute the payment. We receive further payment details from external payment service providers and credit agencies which we work with in executing payments and carrying out credit checks. We only forward information to our payment service providers which is necessary for processing payment.

Payment details include:

  • Preferred payment method
  • Billing addresses
  • IBAN and BIC or account number and sort code
  • Credit card details

The payment details also include other information directly connected to payment processing and credit checking. This applies, for example, to information which external payment service providers use for identification such as your PayPal ID (if you are paying with PayPal).

 

Interests information

We also receive demographic information and statistics on our users from our external advertising partners (such as age, gender, region), as well as device and access data and interests. We take care that our advertising partners only provide MARQUE NOIRE with aggregate, encrypted and anonymous data, so that we cannot assign the data to any particular person, especially any particular user. This information may help us to understand our users better, perhaps within the framework of customer structure analyses and user segmentation.

 

You can find further information on the processing of your data for advertising purposes below.

 

Messages, conversation content

If you communicate with us or other users regarding products (e.g. product evaluations) and other topics by phone, post, social media, contact forms or any other medium, we collect the content of your messages.

We may forward your messages to the office responsible for your concerns, perhaps to partner companies or manufacturers. If your messages are forwarded to another company you of course have the option to tell us that the data should only be used by MARQUE NOIRE. If so, we will not forward your information to the responsible office, or will only do so without your personal information, provided that your concerns can be processed in this way.

If you transmit messages to us for other users via functions provided for this purpose (e.g. product evaluations), we may publish these within the scope of our services.

MARQUE NOIRE also uses social network services such as Facebook, Instagram and Twitter to communicate with customers and users. We use these popular platforms to offer you further contact and information options beyond our in-house communication channels. Please bear in mind, however, that we do not have any influence on the terms of use for social networks and the services they offer, and only limited influence on their data processing. We therefore ask you to carefully check which personal data you share with us via social networks. We cannot influence the behaviour of social media operators, other users or third parties who may work with the operators of the social networks or also use these services.

 

Social network data

Social media functions may be integrated into MARQUE NOIRE`s services. These may include messenger services and so-called social plug-ins or social logins, such as “login with Facebook”. If you activate or use these functions and are a member of the relevant social network, we may receive data from their respective operators which allows us to identify you. We usually receive the following data from social networks:

  • your public profile information (e.g. name, profile picture)
  • Information on the type of device you are using
  • the account ID of your profile with the relevant network (e.g. Facebook ID)

We will also not receive any data from the social network providers which could be used to identify or contact you unless you provide your consent.

In connection with advertising via social networks we generally only receive general demographic and interest-related information to make our adverts more efficient, e.g. that a particular advert was clicked on by a man from Berlin between the ages of 25 and 34 and interested in shopping and clothes. This information and these estimates come from the operator of the social network.

You can find more detailed information in the relevant providers’ terms of use and privacy policies.

Please also take into account the notice on the processing of social network data in connection with social network functions under “Info on websites”.

MARQUE NOIRE currently uses Facebook’s Messenger service and social plug-ins/logins from the following social networks:

  • Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). You can find the link to Facebook’s Data Protection Declaration here: Facebook’s privacy policy.
  • Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”). You can find the link to Twitter’s privacy policy here: Twitter’s privacy policy.
  • Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA (“Pinterest”). You can find the link to Pinterest’s privacy policy here: Pinterest’s privacy policy.

 

Site data

We also collect location data derived from your device’s IP address (down to the city level). An anonymised IP address shortened to three characters is used for this purpose. Therefore, this cannot be used to identify your internet connection or device.

What are IP addresses?

Each device connected to the internet must be assigned a multiple-character, unambiguous number (example: 193.99.144.85). This is referred to as an IP address.

The first three characters of an IP address are usually assigned to a particular region or a particular internet provider. The approximate location of the internet connection can therefore be derived from the IP address.

This procedure (so-called geolocalisation) is used by us and many other online shops, for example to identify fraud and suspicious orders (e.g. it may be suspicious in particular situations if an order from your customer account uses an IP address from a country where you have never previously made any orders).

 

Device and access data

When using online and mobile services, it is inevitable that technical data will arise and be processed, in order to provide the functions and content offered and to display them on your device. We refer to this data collectively as “device and access data”. Device and access data arises each time you use an online and mobile service. It doesn’t matter who the provider is. Device and access data arise, for example, when you use:

  • Websites
  • Apps
  • Email newsletters (i.e. when your newsletter interaction is captured)
  • Location-based services

On the one hand, MARQUE NOIRE collects device and access data from online and mobile services offered by MARQUE NOIRE itself. On the other, MARQUE NOIRE may receive device and access data from online and mobile services provided by other companies, insofar as they are MARQUE NOIRE advertising partners or participate in the same online advertising networks.

 

Device and access data includes the following categories:

  • General device information, such as information on the device type, operating system version, configuration settings (e.g. language settings, system authorisations), information on internet connection (e.g. name of the mobile data network, connection speed) and on the app used (e.g. name and version of the app).
  • Identification data (IDs), such as session IDs, cookie IDs, unambiguous device ID numbers (e.g. Google advertising ID, Apple Ad ID), third party account IDs (if you use social plug-ins or social logins or pay by PayPal) and other common internet technologies, to facilitate recognition of your web browser, your device or a particular app installation.

Access data automatically transmitted by apps and web browsers whenever you access web servers and databases (within the framework of so-called HTTP requests). This is standardised information on the required content (such as the name and file type of a retrieved file) as well as further information on server access (such as amount of data transferred and error codes), on your device (e.g. device type, operating system, software versions, device identifications, IP address, the site previously visited and the time of access).

 

What does MARQUE NOIRE use my data for?

MARQUE NOIRE processes your data in accordance with all applicable data protection laws. Of course, we observe the principles of data protection law for the processing of personal data. We therefore generally only process your data for the purposes explained to you in this Data Protection Declaration or shared when we collect the data. These are mainly purchase processing and the provision, personalisation and development as well as security of our services. We also use your data within the framework of the strict German and European data protection law, but also for other purposes such as product development, scientific research and market research, for the optimisation of business processes, the needs-based design of our services and personalised advertising.

In this section, we also inform you of the legal basis on which we process data for the individual purposes. Depending on the legal basis for our processing of your data, you may have additional data protection rights alongside your permanent rights such as the right to information. For example, in individual cases you have the right to object to the processing of your data.

 

Purchase processing and provision of online, local and personalised services

We process your data in the necessary scope to fulfil contracts and to provide and execute further services requested by you, as described in this Data Protection Declaration. The purposes of the necessary data processing therefore depend on the purpose of the contract agreed with you (including our General Terms and Conditions and any service-specific terms and conditions or terms of use) or services requested by you. The most important purposes are:

  • The provision, personalisation and needs-based design of our services such as the MARQUE NOIRE shop (including their respective websites, apps and cross-device and cross-platform functions).
  • The provision of local services.
  • The execution of purchase agreements and customer service including dispatch and payment processing, claim management as well as the processing of returns, complaints and warranty claims.
  • The provision of messages, reports, newsletters and other direct communication, insofar as these are an integral component of our contractual services or the services requested by you.
  • The guarantee of the general security, operability and stability of our service including defence from attacks.
  • Non-promotional communication with you on technical, security-related and contractually relevant subjects (e.g. fraud warnings, account blocking or contractual changes).
  • The issuing, redemption, delivery of MARQUE NOIRE vouchers.
  • The execution of campaigns and competitions.

 

Legal basis:

Insofar as the purpose relates to the execution of a contract agreed with you or the provision of a service requested by you, the legal basis is Article 6 (1) b GDPR. Otherwise, the legal basis is Article 6 (1) f GDPR, whereby we may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests.

 

Research, machine learning and artificial intelligence

We process the data collected on our customers for scientific research in the areas relevant to MARQUE NOIRE. This includes in particular the research areas of machine learning, artificial intelligence, natural language processing and deep learning. Research at MARQUE NOIRE concentrates on solutions to real, everyday online shopping problems and is meant to serve the improvement and development of the existing services range. In this way, for example, we can develop apps which can suggest products targeted to your interests and needs and recognise styles and assign products which correspond to your actual interests.

In doing this, of course, we observe recognised scientific data protection standards. This also means that we only process your data in summarised, anonymised or pseudonymised form for research purposes, for example by replacing all identifiable data such as your name with other values.

Research at MARQUE NOIRE includes the following purposes:

  • The development of machine learning procedures allowing estimates, prognoses and analysis of the needs and interests of our users.
  • The development of technical solutions for real customer problems which our specialist departments and fashion manufacturers encounter in day-to-day business (e.g. difficulties in finding suitable products, reducing the probability of bad buys, sizing).
  • The development of technical solutions for optimizing business and logistics processes.
  • The development of technical solutions facilitating the improvement and development of shopping personalization and fraud prevention.
  • The registration of patents and publication of specialist articles.

 

Legal basis:

The legal basis for the processing of your data within the framework of the research purposes described above is Article 6 (1) f GDPR, whereby our legitimate interests are in the above purposes.

 

Fraud prevention

In order to combat the risk of data security breaches, data pertaining to users of our services is encrypted in transmission. This applies to all orders. For this we use the coding system SSL (Secure Socket Layer). Encryption prevents third parties from viewing the data. To provide additional protection from external attacks, we rely on special security technologies which constantly check our systems and identify and report anomalies. We also use technical and organisational measures to secure our systems against loss, destruction, unauthorised access or distribution of customer data by unauthorised persons. In this manner we wish to keep the risk of unauthorised access as low as possible, because protecting your data is our top priority. However, we – like other companies – cannot guarantee absolute protection.

We also use technical and manual procedures for fraud prevention in order to protect us and our users from misuse of data, especially by fraudulent orders. To this end, MARQUE NOIRE GmbH, summarises and evaluates your device and access data (including IP address, identifiers, user behaviour), shopping data and payment details (including address and other creditworthiness data from external credit agencies) as well as the change history of your profile information (e.g. when your delivery address was last changed) under a pseudonym when executing an order. The record is also compared with your previous usage and order habits. We also compare it to general records from all MARQUE NOIRE orders involving confirmed or suspected fraudulent actions. This comparison allows us to identify fraud patterns and to prevent fraud and identity theft by comparing patterns.

 

If our security system suspects attempted fraud or an increased risk of fraud, the relevant procedure will be forwarded to the MARQUE NOIRE fraud team for manual investigation. Appropriate preventative measures will be taken in view of the risk of fraud.

 

Legal basis:

If your data is processed to prevent fraud at your expense, the legal basis is Article 6 (1) b GDPR. This processing of your data otherwise occurs on the basis of Article 6 (1) f GDPR, based on our legitimate interest and that of other users in the identification and prevention of fraud and clarification of criminal offences.

 

Advertising and market research, data analysis

We use your data, also within the framework of data analysis, for advertising and market research, in particular for the following purposes:

  • Classification into various target and user groups within the framework of market research (user segmentation).
  • Findings on various target groups and their respective usage habits and shopping interests.
  • The production of findings on demography, interests, our users’ shopping and usage habits as well as the marketing on these findings within the framework of advertising services provided to third parties.
  • The early identification of trends in the areas of fashion and online shopping.
  • The execution of advertising to existing customers.
  • The execution of direct marketing, e.g. in the form of newsletters.
  • The planning, execution and success monitoring of advertising corresponding to the interests of the target groups being addressed (personalised advertising).
  • Findings as to how our services are used (usage analysis).
  • The marketing of the above findings within the framework of advertising services for advertising customers.

 

Depending on the purpose, we use the data we have stored for data analysis. For example, we use summarised (aggregated), statistical, depersonalised (anonymised) profile information or data which can only be assigned to persons via further intermediate steps (pseudonymised profile information) as well as shopping and device and access data in order to understand and analyse purchasing processes using data analysis. This gives us anonymous or pseudonymised findings on our users’ general usage behaviour.

We process your data on the basis of balancing of interests to protect our legitimate interests or those of third parties. MARQUE NOIRE’s legitimate interest or that of third parties in data processing derives from the relevant purposes and is, unless otherwise indicated, of a competitive and economic nature.

 

Legal basis:

If data processing for the above purposes occurs with your consent, the legal basis is Article 6 (1) a GDPR (consent). This data processing data otherwise occurs on the basis of Article 6 (1) f GDPR, whereby the legitimate interests are for the above purposes.

 

Product and technology development

We use your data for product and technology development including the development and improvement of personalised services. In doing this we use aggregated, pseudonymised or anonymised data and machine learning algorithms, perhaps from our research, which facilitate estimates, prognoses and analysis in the interests of our users. In this way, for example, we can develop apps which can suggest products targeted to your interests and needs and recognise styles and assign products which correspond to your actual interests. Data is processed in relation to product and technology development particularly for the following purposes:

  • The development and improvement of personalised services and technologies for data analysis, advertising and personalised online shopping.
  • The development of technologies and concepts to improve IT security, prevent fraud and improve data protection e.g. by pseudonymisation, encryption and anonymisation technologies.
  • The development and testing of software solutions for the optimisation of necessary business and logistics processes.

 

Legal basis:

The legal basis for the processing of your data for product and technology development purposes is Article 6 (1) f GDPR, whereby our legitimate interests are in the above purposes.

 

Business management and business optimization

We transmit and process your data where necessary for administrative and logistical processes and to optimise business processes at MARQUE NOIRE in order to design these in a more efficient and legally secure way and to fulfil our contractual and legal obligations (e.g. retention obligations under commercial and tax law). Many systems and technologies are shared at MARQUE NOIRE. This allows us to offer a more economical, secure, unified and personalised service.

Data processing for business management and business optimisation also includes, for example, the following purposes:

  • The execution and improvement of customer service.
  • The prevention and clarification of criminal offences.
  • Guaranteeing the security and operability of our IT systems.

Legal basis:

The legal basis for the processing of your data for business management and optimisation is Article 6 (1) f GDPR, whereby our legitimate interests are in the above purposes. Where we process your data on the basis of legal specifications, e.g. retention obligations and money laundering tests under tax law, the legal basis is Article 6 (1) c GDPR.

 

On the basis of your consent

If you have given us your consent for the processing of personal data, your consent is the primary basis of our data processing. Which of your data we process on the basis of your consent depends on the purpose of your consent. Typical purposes include:

  • Subscription to a newsletter.
  • Participation in surveys and market research studies.
  • The processing of particularly sensitive data, containing e.g. your political opinions, religious or ideological convictions or state of health.
  • The transmission of your data to third parties or to a country outside the European Union.

 

Notices of withdrawal

You can withdraw consent at any time with effect for the future, e.g. by e-mail or letter.

If the relevant service supports this function, you can adjust and withdraw consent to receive newsletters and other notifications in the preference centre. You can find the link to the preference centre in each newsletter. Each newsletter also contains a corresponding unsubscribe link.

 

Other purposes

If data protection law allows it, we can use your data for new purposes such as carrying out data analyses and developing our services and content without your consent. It is a prerequisite for this that these new purposes which the data is to be used for were not fixed or foreseeable when the relevant data was collected and the new purposes are compatible with the purposes for which the relevant data was originally collected. For example, new developments in the legal or technical sphere and new business models and services may lead to new processing purposes.

 

Info on websites

We use your data to provide access to the MARQUE NOIRE websites. Along with the device and access data collected whenever you use these services, the type of data processed as well as the processing purposes depend especially on how you use the functions and services provided via our services. We also use the data collected when you use our services to find out how our online offering is used. We use this information and other information in the course of shopping personalisation to improve our services and for personalised advertising.

 

Providers

You can find the responsible service provider in the imprint of the relevant website.

 

Which data is collected?

We generally collect all the data which you directly share with us via our services.

 

Device and access data

Whenever you access our services and databases, we collect device and access data and record it in so-called server log files. The IP address it contains is anonymised shortly after the end of the relevant session, as soon as storage is no longer required to maintain the functionality of the relevant website.

 

If it is available and activated on your device, we also collect a device-specific ID number (e.g. a so-called “promo ID” if you are using an Android device or an “ad ID” if you are using an Apple device). This device ID is issued by the manufacturer of your operating system and can be read by websites and apps and used to present content on the basis of your usage habits. If you do not want this, you can deactivate it at any time in your device’s browser settings or system settings.

 

Social Plug-ins

Our services may contain social plug-ins (“plug-ins”) from various social networks. These plug-ins allow you, for example, to share content or recommend products. The plug-ins are deactivated as standard and therefore do not send any data. You can activate the plug-ins by clicking on the corresponding button (e.g. “activate social media”. The plug-ins can also be deactivated again with a click. If the plug-ins are activated, your web browser sets up a direct connection to the web servers of the relevant social network. The content of the plug-ins is then transferred by the social network directly to your web browser and integrated by the latter into our website. Integrating the plug-ins allows the social network to receive the information that you have called up the relevant page of our internet offering and can collect your device and access data. If you are logged into the social network, the latter may also assign the visit to your account with the relevant social network. If you interact with the plug-ins, for example by clicking the Facebook “like” button or making a comment, the corresponding information will be transmitted by your browser directly to the social network and stored there. The purpose and scope of the data collection, and the further processing and use of the data by the particular social networks and your rights and configuration options concerning this to protect your privacy, can be found in the privacy notices of the respective social networks and websites. You can find the links to these below. Even if you are not registered with the social networks, websites with active plug-ins may send data to the networks. An active plug-in will place a cookie with an ID each time you call up the website. Because your web browser sends this cookie without being asked every time you connect to a server, the social network could in principle create a profile of which websites the user belonging to the ID had called up. And it would also be quite possible to assign this ID to a person, for example if they later registered with the social network.

 

Facebook social plug-ins

We use plug-ins by the social network facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), on several websites. You can find the link to Facebook’s Data Protection Declaration here: Facebook’s privacy policy.

Twitter social plug-ins

We use plug-ins by the social network Twitter, operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”), on several websites. You can find the link to Twitter’s privacy policy here: Twitter’s privacy policy.

Pinterest social plug-ins

We use plug-ins by the social network Pinterest, operated by Pinterest Inc., 651 Brannan Street, San Francisco, CA 94103, USA (“Pinterest”), on several websites. You can find the link to Pinterest’s privacy policy here: Pinterest’s privacy policy.

 

Shopping personalisation

Our services use the device and access data from the usage analysis, which are collected when you use our service, for shopping personalisation. Depending on the type of service, this may include common tracking technologies using tracking pixels and identification cookies or similar Ids (so-called tagging). In addition, our advertising partners may collect your device and access data in this way, in order to provide us with information on your interests and demographic data (such as age, gender, region) during your use of our services. This allows us to present you with advertising and/or particular offerings and services which correspond to your interests. Our goal when doing this is to make our offering as attractive to you as possible and to present you with advertising corresponding to your interest areas. Of course, you can continue to use all content and functions. This on-site optimisation does, however, allow us to first show you content and functions which are more relevant for you. On-site optimisation is carried out automatically by our systems, which recognise that users have repeatedly called up products and content from particular categories.

 

Info on website cookies

Our websites use cookies. Accepting cookies is not a prerequisite for using our websites. We would, however, like to point out that our websites can only function on a limited basis if you do not accept cookies. You can set your browser up in such a way that cookies are only saved if you agree to this.

 

What are cookies?

Cookies are small text files which are saved by your web browser and which save particular settings and data for exchange with our web server.

A distinction is generally made between two different types of cookies, so-called session cookies, which are deleted as soon as you close your browser, and temporary/permanent cookies which are stored for a longer period. Storing this data helps us to design our websites and services for you accordingly and makes them easier for you to use, for example by saving particular entries so that you do not have to repeat them constantly.

The cookies used by our website may come from MARQUE NOIRE or advertising partners. If you only wish to accept the MARQUE NOIRE cookies, but not our advertising partners’ cookies, you can choose the corresponding setting in your browser (e.g. “block third-party cookies). The help function in your web browser’s menu bar generally shows you have to reject new cookies, and to turn off cookies which have already been received. We recommend that you completely log out after you finish using our website on shared computers which are set to accept cookies and Flash cookies.

Our services use three categories of cookies:

  • Necessary cookies: These cookies are required for optimal navigation and operation of the website. For example, these cookies are used to implement the basket function, such that the goods in your basket stay saved while you continue with the purchase. The necessary cookies also serve to save particular inputs and settings which you have made so that you don’t have to constantly repeat them, and to adapt MARQUE NOIRE content to your individual interests. Only limited use of the website is possible without necessary cookies.
  • Statistical cookies: These cookies collect device and access data to analyse the use of our website, such as which areas of the website are used how (so-called surfing behaviour), how fast content is loaded and whether errors occur. These cookies only contain anonymous or pseudonymous information and are only used to improve our website and to find out what our users are interested in, and to measure how effective our advertising is. Statistical cookies can be blocked without adversely affecting the navigation and operation of the website.

Marketing cookies (“tracking cookies”): These cookies contain identifiers and collect device and access data, in order to adapt personalised advertising on MARQUE NOIRE websites to your individual interests. Our advertising partners who operate online advertising networks also collect device and access data on our websites. This allows us to display personalised advertising on other websites and in other providers’ apps which fits your interests (so-called retargeting). Marketing cookies can be blocked without adversely affecting the navigation and operation of the website. Shopping personalisation may, however, not be possible.

 

Online advertising/retargeting

Our websites contain cookies and similar tracking technologies from advertising partners which operate an online advertising network. This also allows our advertising partners to collect your device and access data and to present you with personalised advertising on other websites and in other providers’ apps targeted to your interests (e.g. advertising based on which products you have previously viewed in the MARQUE NOIRE shop).

 

Usage analysis

We use common tracking technologies to evaluate device and access data. This allows us to find out how our offering is being used by our users in general. We do this using identification cookies and similar identifiers. This allows us to find out, for example, which content and topics are particularly popular, when our services are used the most, from which regions (down to the city level) our services are used and which browsers and devices our users generally use.

We may also carry out so-called A/B tests in the course of usage analysis. A/B tests are a special kind of usage analysis. A/B testing (also known as split testing) is an approach to comparing two versions of a website or app in order to find out which version performs better, is more popular or lets users find their desired content quicker. Producing a version A and version B and testing both versions provides data which makes it easier and faster to make changes to services and content.

 

Newsletter

We offer you various newsletter services. When you register for a newsletter service you will receive information on the topics dealt with by the individual newsletters. There are also service-specific newsletters, which are integral components of a particular service. When you use our newsletters we also connect device and access data.

 

How do I register?

When sending out our notifiable newsletters, we use the so-called double opt-in procedure, i.e. we will only send you the newsletter if you have given explicit prior consent to us activating the newsletter. If a double opt-in is required in your country, you must also have confirmed that the email address you have shared with us belongs to you. For this purpose we will send you a notification email and ask you to confirm by clicking on one of the links in this email that you are the owner of the email address you have shared with us. We may waive this measure if you have already confirmed to us in this way for another purpose that you are the owner of this email address.

 

Unsubscribing

If you no longer wish to receive emails from us, you can withdraw your consent at any time without incurring any costs other than the transmission costs according to basic tariffs. A notification in text form (e.g. email, letter) to MARQUE NOIRE for the relevant newsletter is sufficient for this. Of course, you will also find an unsubscribe link in every newsletter.

 

 

Which data is collected?

If you subscribe to a newsletter, we automatically save your IP address and the time of your subscription and confirmation. This way we can prove that you actually subscribed and identify any unauthorised use of your email address.

We collect device and access data which arise when you interact with a newsletter. For this evaluation, the newsletters contain links to image files stored on our web servers. When you open a newsletter, your email programme loads these image files from our web server. We collect the device and access data which then arises in pseudonymised form under a randomly generated ID number (newsletter ID), which we will not use to identify you without your consent. This way we can understand whether and when you have opened which issues of a newsletter. The links contained in the newsletters likewise contain their newsletter ID so that we can determine which content you are interested in. We use the data collected here to create a user profile for your newsletter ID in order to personalise newsletter content according to your interests and usage habits and to statistically analyse how our users use the newsletter service. We connect this data to data which we collect within the framework of usage analysis.

You can object to newsletter analysis at any time by deactivating the corresponding newsletter service. Of course, you will also find an unsubscribe link in every issue of our newsletter.

Alternatively, you can deactivate the display of images in your email programme. In this case, however, the newsletter will not be displayed to you in full.

 

Vouchers

We use the data submitted when ordering MARQUE NOIRE vouchers to check and process the order and to issue and redeem the voucher. This also includes the recording and processing of the data connected to use of the voucher, especially for fraud prevention.

We also stored the following data for this purpose:

  • Date of issue
  • Voucher value
  • Voucher code
  • Personalisation data (if you provide this)
  • Name of voucher holder (for personal vouchers)
  • Time of voucher redemption
  • Name of the redeeming party

 

How does MARQUE NOIRE use my data for advertising?

We and our advertising partners use your data for personalised advertising presented to you in MARQUE NOIRE’s services and on other providers’ websites and apps. We and our advertising partners use the prevailing market technologies for this purpose. This allows us to advertise in a more targeted way in order to display as many adverts and offers to you which are actually relevant to you. This allows us to better meet our users’ needs as regards personalisation and discovering new products and to interest you in our service in the long run by providing a more personalised shopping experience.

 

Advertising formats and channels

The advertising formats used by MARQUE NOIRE and MARQUE NOIRE’s advertising partners include presentations in the MARQUE NOIRE shop (within the framework of on-site), adverts on social networks (e.g. Facebook ads, Instagram ads, YouTube video ads) and advertising spaces mediated via the online advertising networks used by MARQUE NOIRE such as DoubleClick by Google.

MARQUE NOIRE does not sell any personal data. Our advertising customers only receive anonymous, aggregated reports with information on the effectiveness and reach of the advertising services we provide. These reports are based on MARQUE NOURE`s own surveys, and sometimes also take into account summarised reports which we receive from our advertising partners and social networks. These show, for example, how our advertising services have affected sales to various groups of customers.

 

Information which we use to create target groups

In creating target groups we use our own findings from data analysis on our users’ usage and purchasing behaviour and customers as well as our market research on user segmentation which we apply to the user data collected by MARQUE NOIRE. In doing this we especially consider aggregated, pseudonymised or anonymised shopping data, search histories, interests data and demographic profile data as well as device and access data.

Our advertising partners also have the option to provide us with their own data for user segmentation, which was collected by the advertising partners themselves. The advertising partners must undertake only to provide MARQUE NOIRE with aggregated, encrypted or anonymous data, so that we cannot assign the data to any particular person, especially any particular user of the MARQUE NOIRE shop. Some target groups are created on the basis of the users’ surfing behaviour. This is the case if advertising is only intended to be presented to users who have recently visited a particular website or searched for particular content.

 

How do we use this information in online advertising on the MARQUE NOIRE shop and in other MARQUE NOIRE services

We use the above information within the framework of on-site optimisation in order to present you with more relevant information and content when you search for products, call up your feed or visit a product area. On-site and in-app optimisation is based on cookies and similar identification technologies for the pseudonymous collection of device and access data. This data is not used to identify you personally, but rather to evaluate your usage pseudonymously. Your data is never permanently combined with other personal data we have stored on your person. This technology allows us to present you with products and/or particular offerings and services with content based on your device and access data (for example advertising geared to the fact that you have only viewed outerwear in the last few days).

 

On social networks

If we advertise via advertising formats offered by social networks (e.g. YouTube, Facebook, Instagram), we have the option of forwarding encrypted information on MARQUE NOIRE users (e.g. device and access data such as advertising and cookie IDs, email addresses) which we believe belong to an advertising customer’s target group or show particular features (e.g. age group, region, interests).

The relevant social network will then – either on our behalf as an order processor or with the consent of the relevant user – decrypt the transmitted data and display the advertising booked by us to the user as part of his existing usage relationship with the relevant social network (if he is a member of the relevant social network).

If you have consented to the forwarding of your data to social networks, you can withdraw your consent at any time.

You may also have the option of deactivating the use of your data for personalised advertising by the social networks you use by directly contacting the relevant providers. For further information, directly contact:

Facebook (Facebook, Instagram):

Google (Google advertising network, YouTube, Google search):

 

On advertising spaces mediated via online advertising networks (retargeting)

Advertising partners which run an online advertising network may use cookies and similar technologies to pseudonymously collect your usage behaviour using device and access data on the MARQUE NOIRE shop and in other providers’ apps. These advertising partners use the data collected in order to identify the probability of you belonging to the target group we are addressing, and take this into account when choosing the adverts on the advertising spaces mediated via their online advertising network. This standard internet technology is referred to as retargeting. Retargeting allows us to run advertising which is as relevant to you as possible and to measure the efficiency and reach of the advertising materials, but also to check our advertising partners’ bills for campaigns we are running.

You can get further information on the operators of the respective advertising spaces and the online advertising networks charged with mediating them.

You can deactivate the processing of your data for retargeting at any time:

  • In other services, please do this by deactivating usage analysis.
  • You can deactivate retargeting by participating online advertising networks for our websites on the deactivation page of the European Interactive Digital Advertising Alliance (EDAA): Deactivate further advertising.

Please bear in mind that the data used for retargeting is also needed for other purposes (including the provision of our services). The collection of the data used for this is therefore not prevented by deactivation. The advertising presented to you will then not, however, be personalised.

 

Who is my data forwarded to?

MARQUE NOIRE only forwards your data if this is allowed by German or European law. We work particularly closely with certain service providers, for example in the area of technical service providers (e.g. running computer centres) or with logistics companies (e.g. postal companies such as DHL and Hermes). These service providers may generally only process your data on our behalf under special conditions. Where we use them to process orders, the service providers only receive access to your data in the scope and for the time period required for provision of the relevant service.

 

Company (MARQUE NOIRE)

Many systems and technologies are shared at MARQUE NOIRE. This allows us to offer you a more economical, secure, unified and personalised service. Therefore, departments at MARQUE NOIRE which require access to your data to fulfil our contractual and legal obligations, or to fulfil their respective functions within MARQUE NOIRE, receive this access.

 

Shipping companies

We work with external shipping companies (e.g. Hermes and DHL) to deliver orders. These shipping companies receive the following data to execute the relevant order:

  • Your name
  • Your delivery address
  • your post number if applicable (if you wish to have the order delivered to a DHL packing station)

your email address if applicable (if the shipping company wishes to inform you of the provisional delivery date by email)

 

Technical service providers

We work with technical service providers in order to be able to provide our services. These service providers include, for example Amazon Web Services, Inc. If they process your data outside the European Union, this may mean that your data is transmitted to a country with a lower data protection standard than the European Union.

 

Credit agencies

Cooperation with external credit agencies for fraud prevention, payment method selection and credit checks is country-specific, in order to take account of country-specific features and requirements.

 

Social media networks

As part of advertising campaigns we forward data to social network providers within the scope of data protection law.

 

Authorities and other third parties

If we are obliged by an official or court decision or it is for prosecution purposes, we will if necessary forward your data to prosecution authorities or other third parties.

Which data protection rights do I have?

You have the following legal data protection rights under the relevant legal conditions: Right to information (Article 15 GDPR), right to deletion (Article 17 GDPR), right to correction (Article 16 GDPR), right to restriction of processing (Article 18 GDPR), right to data portability (Article 20 GDPR), right to lodge a complaint with a supervisory authority (Article 77 GDPR), right to withdraw consent (Article 7 (3) GDPR) as well as the right to object to particular data processing measures (Article 21 GDPR).

Important information:

  • In order to ensure that your data is not disclosed to third parties in the course of requests for information, please attach sufficient proof of identity to your request by email or post.
  • You can change most of your information yourself in your customer account. For other cases please contact customer service.
  • The responsibilities of the data protection authorities depend on the seat of the competent authorities. You may, however, contact the data protection authority, which will then forward your complaint to the responsible authority. The authority responsible for MARQUE NOIRE is the Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219 b, 10969 Berlin, Germany.
  • If you have given consent for the processing of your data, you may withdraw it at any time. Withdrawal has no effect on the admissibility of the processing of your data which took place before the withdrawal.
  • You may object to the processing of your data for advertising purposes, including direct marketing (including in the form of data analysis) at any time without giving reasons.
  • If we are processing your data on the basis of balancing of interests according to Article 6 (1) f GDPR (e.g. the reporting of creditworthiness to an external credit agency), you may object to the processing. When asserting your objection, we ask you to give the reasons why you do not wish us to continue processing your data. In the event of a justified objection, we will check the state of affairs and either stop or adjust the processing, or inform you of the urgent reasons worthy of protection why we are entitled to continue the processing.

 

When will my data be deleted?

We will store your personal data as long as is necessary for the purposes named in this Data Protection Declaration, especially for the fulfilment of our contractual and legal obligations. We may also store your personal data for other purposes if or as long as the law allows us store it for particular purposes, including for defence against legal claims.

If it is not possible or necessary to completely delete your data for legal reasons, the relevant data will be blocked for further processing.

 

 

What does blocking mean?

If data is blocked, restriction of access rights and other technical and organisational measures are used to ensure that only a few employees can access the relevant data. These employees may also only use the blocked data for the above purposes (e.g. for submission to the tax office in the event of a tax audit).

Blocking will occur, for example, in the following cases:

  • Your order and payment details and perhaps other details are generally subject to various legal retention obligations, such as those in the Handelsgesetzbuch (HGB – Commercial Code) and the Abgabenordnung (AO – Tax Code). The law obliges us to retain this data for tax audits and financial audits for up to ten years. Only then can we finally delete the relevant data.
  • Even if your data is not subject to any legal retention obligation, we may refrain in the cases allowed by the law from immediate deletion and instead carry out initial blocking. This applies especially in cases where we may need the relevant data for further contractual processing or prosecution or legal defence (e.g. in the event of complaints). The decisive criterion for the duration of the blocking is then the legal limitation periods. After the relevant limitation periods expire, the relevant data will finally be deleted.

Deletion may be waived in the cases allowed by law if the data is anonymous or pseudonymous and deletion would rule out or seriously hinder processing for scientific research or statistical purposes.

 

How does MARQUE NOIRE protect my data?

We transmit your personal data securely using encryption. This applies to your order. We do this using the coding system SSL (Secure Socket Layer). We also use technical and organisational measures to secure our website and other systems against loss, destruction, access, change or dissemination by unauthorised persons.

 

Changes to this Data Protection Declaration and points of contact

Further development of our websites and the implementation of new technologies to improve our service for you may require changes to this privacy policy. We therefore recommend that you re-read this Data Protection Declaration from time to time.

If you have any questions regarding data protection at MARQUE NOIRE GmbH, please contact our data protection officer. The easiest way to contact him is atinfo@marquenoire.com.

Contact details for MARQUE NOIRE’s data protection officer:
Data protection
MARQUE NOIRE GmbH
Schlüterstraße 80
10625 Berlin
E-Mail: info@marquenoire.com

 


 

MARQUE NOIRE GmbH
Schlüterstraße 80
10625 Berlin

Managing Directors: Leon Weinrich & Marc Gregor

MARQUE NOIRE GmbH
Commercial Register: Amtsgericht Charlottenburg | HRB 175329

VAT. ID: DE305691131

 

Phone: +49 (0)30 / 30648044
E-Mail: info@marquenoire.com

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