1. The scope and purpose of this Privacy Policy
This “Privacy Policy“ explains how Branded E-Commerce Holding GmbH (“Branded”, “we”, “us”, “our”), collects, uses, shares and otherwise processes your Personal Data in connection with our website https://www.joinbranded.com (the “Website”) in accordance with applicable data privacy laws and the General Data Protection Regulation (EU Regulation 679/2016, “GDPR”). It further describes your choices regarding the ways in which your information is collected, used and shared.
We may provide supplemental privacy policies on specific occasions, when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your Personal Data. Those supplemental notices should be read together with this Privacy Policy.
Branded is a limited liability company under German law. We are the controller of your Personal Data, which means that we decide on the means and purpose of the processing of your Personal Data. We can be reached as set out under “Contact Us” below: https://joinbranded.wpengine.com/contact-us/.
The term “Personal Data” as used in this Privacy Policy means any information relating to you such as your name, contact details, bank account details etc. Personal Data does not include data from which you can no longer be identified such as anonymized aggregate data.
2. Personal Data collected and processed, Purpose of AND LEGAL BASIS fOR THE PROCESSING
2.1 If you visit our website
When you visit our Website your browser will contact our web server to retrieve the sites you wish to visit. In this context we automatically receive and store certain types of Personal Data, such as your IP address or records of the pages you visited before (so-called log files or session records). We use these Personal Data for enabling access and the display of our Website as well as to ensure the security of our Website, in particular to prevent unauthorized interference with it, and to enable us to exercise our legal rights and obligations in regard to such unauthorized interference.
This information temporarily stored in a log file is generally automatically deleted after 180 days. They may be stored for a longer period if necessary for the above-mentioned purposes, including for the exercise of our legal rights.
The legal basis for this data processing is our legitimate interest pursuant to Art. 6(1)(f) GDPR to operate an internet website for general information and communication purposes, to optimize our website and to protect it from attacks pursuant to Art. 6(1)(f) GDPR.
When you use our Website we may track and store certain Personal Data such as IP address or mobile device identifier, date and time of access, name and URL of the retrieved file or type of browser used. We may combine or link this data with data relating to you from other sources in order to analyze how you visit and use the Website so we are able improve the use of the Website and our services or provide you with personalized content.
The legal basis for this data processing is your freely given consent pursuant to Art. 6(1)(a) GDPR. You will find more detailed information on this in our Cookie Preference Centerand our Cookie Policy, which you can find here:
https://joinbranded.wpengine.com/cookie-preference-center/
https://joinbranded.wpengine.com/cookie-policy/
2.2 If you contact us via our contact forms
When contacting us via our “Contact Us” contact form provided on our Website your name, e-mail address and phone number is always collected. Additional Personal Data is only collected if you provide it. We are processing this Personal Data in order to be able to understand and process your request.
The legal basis for this data processing is your freely given consent pursuant to Art. 6(1)(a) GDPR.
When contacting us via our “Evaluate Your Business” contact form on our Website your name and email address as well as certain data related to your Amazon business are always collected. Additional Personal Data is only collected if you provide it. We are processing this Personal Data in order to be able to understand and process your request.
The legal basis for this data processing is your freely given consent pursuant to Art. 6(1)(a) GDPR or, as the case may be, steps prior to entering into a contract with us pursuant to Art. 6(1)(b) GDPR.
2.3 If you contact us via email
When contacting us via the e-mail address info@joinbranded.com, your e-mail address is always collected in order to be able to answer your request. Additional Personal Data such as name, address, telephone number, etc. is only collected if you provide it. We are processing this Personal Data in order to be able to understand and process your request.
The legal basis for this data processing is your freely given consent pursuant to Art. 6(1)(a) GDPR.
2.4 Newsletter
When subscribing to our newsletter we always collect your e-mail address and your name. We may collect additional Personal Data, if you choose to provide us with such data. We are processing this Personal Data in order to be able to send you our newsletter and provide you with information about us and our services.
3. Change of purpose, anonymization
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
4. With whom we share your personal data
We may share your Personal Data as follows:
- We may share your Personal Data with our service providers, business partners and vendors on which we rely on, for example, to assist us in providing the services to you or operating our Website. These parties use your information as is necessary or appropriate for the performance of the services they provide to us, or as otherwise contractually permitted.
- We may share your Personal with our affiliates for internal management and administrative purposes where necessary for the performance or conclusion of our contractual obligations to you or for your benefit.
- We may share your Personal Data in whole or in part to a third party (such as an acquiring entity and its advisers) in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock as is necessary based on our legitimate interest.
- We may disclose your Personal Data to third parties, if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
We will only share your Personal Data with third parties based on one of the following legal bases, i.e. if:
- you have given your express consent pursuant to Art. 6(1)(a) GDPR;
- the transfer of Personal Data pursuant to Art. 6(1)(b) GDPR is necessary for the performance of an agreement or, at your request, to initiate a contractual relationship with you;
- there is a legal obligation to share pursuant to Art. 6(1)(c) GDPR;
- the transfer of Personal Data pursuant to Art. 6(1)(f) GDPR is necessary for the assessment, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not sharing your data; or
- we have a legitimate interest pursuant to Art. 6(1)(f) GDPR (e.g. for administrative purposes) to transfer your Personal Data to our affiliates and there is no reason to assume that you have an overriding legitimate interest in your Personal Data not being transferred.
For the purposes described above we may have to transfer your Personal Data from the European Economic Area (“EEA”) to countries outside of the EEA and in a jurisdiction not being subject to an adequacy decision of the European Commission. We will always ensure that we have a legal basis for such data transfer, such as a relevant safeguard method (e.g. standard contractual clauses, including necessary assessments and supplementary measures), your consent, or another basis that otherwise allows the transfer, so that your Personal Data is treated in a manner that is consistent with, and respects the European laws and other applicable laws and regulations on data protection. If you require further information about international data transfers, please send an email to info@joinbranded.com.
5. Your rights in relation to your information
You have rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:
- request access to your Personal Data (commonly known as a “data subject access request”) and request certain information in relation to its processing pursuant to Art. 15 GDPR;
- request rectification of your Personal Data pursuant to Art. 16 GDPR;
- request the erasure of your Personal Data pursuant to Art. 17 GDPR;
- request the restriction of processing of your Personal Data pursuant to Art. 18 GDPR;
- object to the processing of your Personal Data pursuant to Art. 21 GDPR.
You also have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to have us transmit those Personal Data to another controller, if you have provided these Personal Data to us, if the processing is based on consent pursuant to Art. 6 (1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to point Art. 6(1)(b) GDPR and the processing is carried out by us by automated means, subject, however, to legal restrictions which may apply.
If you want to exercise one of these rights, please contact us as set out below under “Contact Us” .
You also have the right to make a complaint at any time with the competent data protection supervisory authority of your place of residence or stay or with any other competent data protection supervisory authority of an EEA Member State.
6. Right to withdraw consent
In case you have provided your consent to the collection, processing and transfer of your Personal Data, you have the right to fully or partly withdraw your consent. To withdraw your consent, please contact us as set out below under “Contact Us”. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented, unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
7. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access Personal Data (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.
It is in your sole discretion to provide Personal Data to us. If you do not provide us with all or some of the Personal Data we request, we may not be able to accept an engagement from you, to provide all or some of our services, to enter into a contract with you or to send you the requested (marketing) information.
8. How long will we retain your information
We will only retain your Personal Data for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
Upon expiry of the applicable retention period we will securely destroy your Personal Data in accordance with applicable laws and regulations.
9. Fees
You will in general not have to pay a fee to exercise any of your individual rights mentioned in this Privacy Policy. However, we may charge a reasonable fee if your request to exercise your individual rights is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
10. No automated decision making
We do not apply automated decision-making techniques.
11. Safety of your data
We have put in place appropriate technical and organizational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction, or unauthorized access by third parties. However, we cannot guarantee absolute security of your Personal Data.
12. Links to third party websites
Our Website may contain links to third party site or symbols of social media providers (e.g. Facebook, LinkedIn), we only use these for passive linking to the pages of the respective provider. Any data processing is determined solely by these third parties and social media providers.
13. Changes to this privacy policy
We reserve the right to update this Privacy Policy at any time, and we will make an updated copy of such Privacy Policy available on our Website.
14. How to contact us
If you have any concerns about this Privacy Policy or wish any further information, please do not hesitate to contact us via e-mail at info@joinbranded.com or by writing to Branded E-Commerce Holding GmbH, Schinkelplatz 5, 10117 Berlin, Germany.
Last Updated: November 26, 2020
