Privacy Notice

1.    This Privacy Policy

a)    Purpose of this privacy policy

cyber-Wear Heidelberg GmbH (‘we’, ‘us’, ‘our’) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we collect, process and look after  your personal data through your use of our website or Webshop (site) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. 

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide 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 data. This privacy notice supplements the other notices and is not intended to override them. 

This privacy policy covers the following:

1. This privacy policy
2. Important and who we are
3. The data we collect about you
4. How is your personal data collected
5. How we use your personal data 
6. Disclosures of your personal data
7. International transfers 
8. Data security
9. Data retention 
10. Your legal rights 
11. Third party websites
12. Glossary

b)    Changes to the privacy policy and your duty to inform us of changes

Please note that we may amend this policy from time to time and any changes will be posted on our site and, where appropriate, notified to you by e-mail.  Please continue to review this policy whenever accessing our site.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2.    Important information and who we are

We are responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us as set out below. 

Contact details 
cyber-Wear Heidelberg GmbH
Elsa-Brändström-Str. 4
68229 Mannheim
Germany
E-Mail: info@cwmail.org
International Hotline: +49 621 30 983-000

Contact details Protection Officer
Thomas Stegemann 
dacuro UG (haftungsbeschränkt)
Heidelberger Straße 70b
69190 Walldorf

E-Mail: dataprotection@mycybergroup.com

You have the right to make a complaint at any time to a supervisory authority, including the Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg, https://www.baden-wuerttemberg.datenschutz.de/ . We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please contact us in the first instance. 

3.    The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

a)    Types of personal data

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this site. Technical Data will not be linked to your personal data without your consent.
• Profile Data includes your username and password, purchases or orders made by you, your interests and preferences.
• Usage Data includes information about how you use our site, products and services. We only collect Usage Data within the framework of legal regulations and under pseudonyms. We will not link the pseudonymized user profiles with your personal data without your consent. You can object to the creation of pseudonymous user profiles at any time by changing your browser settings to "do not track". 
• Marketing and Communications Data includes your preferences in receiving marketing from us and certain third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data (which we will only do with your consent) so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

b)    If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods). In this case, we may have to cancel an order for product(s) you have with us but we will notify you if this is the case at the time. 

4.    How is your personal data collected?

We use different methods to collect data from and about you including through:

a)    Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• order our products;
• create an account on our site (if applicable);
• subscribe to our publications; 
• request marketing to be sent to you (by giving us your express consent via an opt in notice);
• require customer support;
• leave feedback or a review. 

b)    Automated technologies or interactions. As you interact with our site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies (please see paragraph 5(e) below). 

c)    Third parties. We may also receive personal data about you from various third parties as set out below:

• Technical Data from analytics providers such as Google based outside the EU (please paragraph 5(f) below); and
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

5.    How we use your personal data

a)    General

We will only use your personal data when the law allows us to. We will never sell your data, will keep your details secure, and will never share them with third parties for marketing purposes without your express consent.

We will handle and process your data in accordance with the German Data Protection Act (BDSG), the Telemedia Act (TMG), and with applicable European regulations, including the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR).

Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to us sending marketing communications to you via email or sharing your personal data with Aston Martin as detailed at section 5c) below or if otherwise provided for in this privacy policy. You have the right to withdraw such consent as detailed at section 5d) below.

b)    Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

c)    Marketing 

• We may use your Contact Data for us to contact you by email about products, including promotional and special offers, within the Aston Martin Lifestyle Collection but only where you have given us your express consent to do so by means of ticking the opt in box during the order process. 
• We may share your personal data with the Cybergroup International GmbH and all companies that belong in part or in total to the Cybergroup International in order that these parties may contact you by email to share news and to inform you about products, services, merchandise and accessories including promotions, but only where you have given us your express consent to do so by means of ticking the opt in box during the order process.
• We will also get your express opt in consent before we share your personal data with any other third party for marketing purposes. 

d)    Opting out

You can ask us or third parties to stop sending you marketing messages at any time by sending a request by post, email or telephone at the address, email address or telephone number as set out at the beginning of this privacy policy or, in relation to cyber-Wear Heidelberg GmbH marketing communications only, by following the unsubscribe link on our marketing communications sent to you. 

You can also object at any time to processing of Usage Data and profiling by changing your browser settings to "do not track".

e)    Cookies

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. For detailed information on the cookies we use, the purposes for which we use them and how to manage them please see our Cookie Policy

Cookies Policy

f)    Use of Google Analytics

This site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the site analyse how users use the site. The information generated by the cookie about your use of the site (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization*, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Note that the information collected is never identified individually or personally and is not linked to any other information we store about you on our site and Google will not associate your IP address with any other data held by Google. *Please note that on our site, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).

You can stop the use of cookies including Google Analytics by selecting the appropriate settings on your browser. 

You can also stop the use of Google Analytics by clicking on the following link https://tools.google.com/dlpage/gaoptout. An opt out cookie will be set on your computer or device which prevents the future collection of your data when visiting our site.

Further information concerning the terms and conditions of use for Google Analytics and Google data privacy can be found at http://www.google.com/analytics/terms/gb.html and https://www.google.de/intl/en_uk/policies/.

g)    Change of purpose 

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 and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

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.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6.    Disclosures of your personal data

a)    Our service providers, suppliers and sub-contractors

In order to take, process and supply orders placed by you and to provide you with customer support, we may need to share your personal data with some of our service partners, suppliers and sub-contractors including those who provide us with IT and logistics services and those responsible for the supply of products ordered via our site. We will only allow such parties to handle your personal data when we have confirmed that they apply appropriate data protection and security controls and we have in place with them contractual obligations relating to data protection and security which include a requirement that they may only use your data to provide services to us and to you, and for no other purposes.

b)    Corporate transactions

In the event that cyber-Wear Heidelberg sells any of its business or assets which relates to the operation of this site, we will need to disclose your personal data to the prospective buyer of such business or assets.  We will inform you of such transaction in advance, so that you can decide whether you are happy with such transfer or whether you would like to cancel your account with us.

If cyber-Wear Heidelberg or substantially all of its assets are acquired by a third party, personal data held by it about its customers will be part of the transferred business.

c)    Other third parties

Apart from the above parties, we will not disclose your personal data to any third party without your express consent, except to governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so in order: to comply with our legal obligations; to exercise and/enforce our legal rights; for the prevention, detection, investigation of crime or prosecution of offenders; and for the protection of our employees and customers, but in each case in compliance with the relevant laws. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7.    International transfers

The data that we collect from you will only be transferred to, and stored at, a destination within the European Union (EU). It will be processed by staff operating within the EU who work for us, a member of our group, or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. 

8.    Data security

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Your order, your personal data and payment details are protected by technical security systems and additional authorization procedures, both during data transfer and when your data is filed and stored on our secure servers. 

For data transfer we use SSL (Secure Socket Layer) technology in conjunction with 256-bit encryption. This method provides maximum security and is therefore also used by banks for data protection and online banking. You recognize that data is being transferred in encrypted form by the display of a key or closed padlock icon in the lower status bar of your browser. 

The connection is encrypted by means of high-grade encryption (AES-256 256 bit); the key exchange takes place using RSA 1024 bit. 

You should keep your password secure and confidential and not disclose it to third parties. You should always log out from your personal account after you have used it, and you should use SSL encryption for order processing whenever we offer it.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

9.    How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and as long as required by mandatory retention periods stipulated by applicable law. By law, including under the Commercial Code and Tax Law, we have to keep certain information about our customers (including Contact, Identity, Financial and Transaction Data) for six to ten years depending on the relevant contractual documentation. The retention period begins at the end of the calendar year in which the last entry in the trading book was made, the commercial letter or other documentation was received or sent, or the relevant document was produced. After the respective purpose has ceased to exist or the retention periods have expired, the data will be deleted in accordance with the statutory provisions.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. 

10.    Your legal rights

a)    What are these?

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for profiling and direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your personal data, in accordance with Art. 6 GDPR. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact methods and details set out the beginning of this privacy policy. 

You have the right to make a complaint at any time to a supervisory authority, including the Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg, https://www.baden-wuerttemberg.datenschutz.de/ . We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please contact us in the first instance.

b)    No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

c)    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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

d)    Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you within one month of receipt of your request together with the reasons why we require more time and will keep you updated. 

11.    Links to third party websites

Our site may, from time to time, contain links to and from the websites of third parties.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

12.    Glossary

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.