Privacy Policy

1) Introduction and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to identify you personally.

1.2 The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Clemens Dastig, MTB-Wear, Luckauer Straße, 29, 15936 Dahme/Mark, Germany, Tel.: 015142636394, Email: support@mtb-wear.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.

2) Data collection when visiting our website

2.1 If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the website server (so-called "server log files"). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

• Our visited website
• Date and time of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

Shopify

To host our website and display the page content, we use the system of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”)

Data will also be transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider's servers. We have concluded a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

When data is transferred to Canada, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

4) Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted when you close your browser (so-called "session cookies"), while others remain on your device for longer and enable you to save page settings (so-called "persistent cookies"). In the latter case, you can find out how long they are stored in the overview of your web browser's cookie settings.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 Para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 Para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies in certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contact us

5.1 Loox

For review reminders we use the services of the following provider: Loox Online Ltd., Rehov Har Sinai 2, 6581602 Tel Aviv-Yafo, Israel

Solely on the basis of your express consent in accordance with Art. 6 (1) (a) GDPR, we will transmit your email address and, if applicable, other customer data to the provider so that they can contact you by email with a review reminder.

You can revoke your consent to us or the provider at any time with future effect.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

When data is transferred to the provider's location, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

5.2 When you contact us (e.g. via contact form or e-mail), personal data will be processed exclusively for the purpose of processing and answering your request and only to the extent necessary for this purpose.

The legal basis for processing this data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at a contract, an additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention periods to the contrary.

6) Data processing when opening a customer account

In accordance with Art. 6 (1) (b) GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. You can find out which data is required to open an account from the input mask of the corresponding form on our website.

You can delete your customer account at any time by sending a message to the above-mentioned address of the person responsible. After your customer account has been deleted, your data will be deleted provided that all contracts concluded through it have been fully processed, there are no statutory retention periods to the contrary and we have no legitimate interest in continuing to store the data.

7) Use of customer data for direct marketing

7.1 Registration for our email newsletter

If you sign up for our email newsletter, we will regularly send you information about our offers. The only mandatory information required to send the newsletter is your email address. Providing additional data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure to send the newsletter, which ensures that you only receive the newsletter once you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the email address provided.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 Paragraph 1 Letter a of GDPR. We store your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your email address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a message to the person responsible mentioned above. After unsubscribing, your email address will be immediately deleted from our newsletter mailing list unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you in this declaration.

7.2 Klaviyo

Our e-mail newsletter is sent via this provider: Klaviyo, 225 Franklin St, Boston, MA 02110, USA

Based on our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provided when registering for the newsletter to this provider in accordance with Art. 6 (1) (f) GDPR so that they can send the newsletter on our behalf.

Subject to your express consent in accordance with Art. 6 Paragraph 1 Letter a of GDPR, the provider also carries out a statistical evaluation of the success of newsletter campaigns using web beacons or tracking pixels in the emails sent, which can measure opening rates and specific interactions with the content of the newsletter. In doing so, end device information (e.g. time of access, IP address, browser type and operating system) is also collected and evaluated, but not merged with other data sets.

You can revoke your consent to newsletter tracking at any time with effect for the future.

We have concluded a data processing agreement with the provider that protects the data of our website visitors and prohibits the transfer to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

8) Data processing for order processing

8.1 To the extent necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Paragraph 1 Letter b of GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable communication channels (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Paragraph 1 Letter c GDPR. Your contact details will be used strictly for the purpose of notifying you about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.

To process your order, we also work with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

8.2 Printful

We use the following provider for order processing: Printful, Inc. 11025 Westlake Drive, Charlotte, NC28273, USA

Name, address and any other personal data will be passed on to the provider in accordance with Art. 6 Paragraph 1 Letter b of GDPR solely for the purpose of processing the online order. Your data will only be passed on if this is actually necessary to process the order.

For the transfer of data to the USA, the provider relies on standard contractual clauses of the European Commission, which are intended to ensure compliance with the European data protection level.

8.3 Transfer of personal data to shipping service providers

- DHL

We use the following provider as our transport service provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Art. 6 (1) (a) GDPR before delivery of the goods for the purpose of coordinating a delivery date or to notify the provider of the delivery, provided that you have given your express consent to this during the ordering process. Otherwise, we will only pass on the name of the recipient and the delivery address to the provider for the purpose of delivery in accordance with Art. 6 (1) (b) GDPR. The information will only be passed on if this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or delivery notification is not possible.

The consent can be revoked at any time with future effect to the person responsible named above or to the provider.

8.4 Use of payment service providers (payment services)

- Klarna

One or more online payment methods from the following provider are available on this website: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method where the provider makes an advance payment (e.g. purchase on account, installment plan or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining the solvency of our customers, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

In addition to provider-internal criteria in accordance with Art. 6 (1) (f) GDPR, identity and credit information from the following credit agencies may also be included in the decision-making process when reviewing the application:

https://cdn.klarna.com /1.0 /shared /content /legal /terms /0 /de_de /credit_rating_agencies

The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual payment processing.
- Masterpayment

One or more online payment methods from the following provider are available on this website: Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method where the provider makes an advance payment (e.g. purchase on account, installment plan or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, email address, telephone number, if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining the solvency of our customers, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

In addition to provider-internal criteria in accordance with Art. 6 (1) (f) GDPR, identity and credit information from the following credit agencies may also be included in the decision-making process when reviewing the application:

• CCreditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, Germany Tel.: +49 (0)2131-109-501, Fax: -557
• CRIF GmbH, Friesenweg 4, Haus 12, 22763 Hamburg, Germany Tel.: +49 (0)40-89803-0, Fax: -419
• SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden, Germany Tel.: +49 (0)611-9278-0, Fax: -109

The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual payment processing.

When data is transferred to the provider's location, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.
- Paypal

One or more online payment methods from the following provider are available on this website: PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg

If you select a payment method from the provider that requires you to pay in advance, the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 Paragraph 1 Letter b of GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method for which we pay in advance, you will also be asked to provide certain personal information (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, and if applicable, data on an alternative payment method) during the ordering process.

In order to protect our legitimate interest in determining your ability to pay in such cases, we will forward this data to the provider for the purpose of a credit check in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The provider will check on the basis of the personal data you provide and other data (such as shopping cart, invoice amount, order history, payment experience) whether the payment option you have selected can be granted with regard to payment and/or default risks.

The credit report may contain probability values ​​(so-called score values). If score values ​​are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, among other things, but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be entitled to process your personal data if this is necessary for the contractual payment processing.
- Shopify Payments

One or more online payment methods from the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.
- IMMEDIATELY

One or more online payment methods from the following provider are available on this website: SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany

If you select a payment method from the provider that requires you to pay in advance (such as credit card payment), the payment details you provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 (1) (b) GDPR. In this case, your data will be passed on exclusively for the purpose of processing the payment with the provider and only to the extent that it is necessary for this purpose.

9) Retargeting/remarketing and conversion tracking

Meta Pixel

Within our online offering we use the "Meta Pixel" service of the following provider: Meta Platforms Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland ("Meta")

If a user clicks on an ad we have placed on Facebook and/or Instagram, a parameter is added to the URL of our linked page using "Meta Pixel". This URL parameter is then entered into the user's browser after forwarding via a cookie that our linked page itself sets.

This enables Meta to determine the visitors to our online offering as a target group for the display of advertisements (so-called "ads"). Accordingly, we use the service to only display the Facebook and/or Instagram ads placed by us to users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined based on the websites visited) which we transmit to Meta (so-called "custom audiences").

On the other hand, the “meta pixel” can be used to track whether users were redirected to our website after clicking on an advertisement and which actions they performed there (so-called “conversion tracking”).

The data collected is anonymous to us and does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Meta so that a connection to the respective user profile is possible and Meta can use the data for its own advertising purposes.

All processing described above, in particular the setting of cookies for reading information on the device used, will only be carried out if you have given us your express consent in accordance with Art. 6 Paragraph 1 Letter a of GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" provided on the website.

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

The information generated by Meta is usually transferred to a Meta server and stored there; in this context, it may also be transferred to Meta Platforms Inc. servers in the USA.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

10) Page functionalities

Instagram plugins

Our website uses plugins from the social network of the following provider: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland

These plugins enable direct interactions with content on the social network.

In order to increase the protection of your data when you visit our website, the plugins are initially deactivated and integrated into the site using a so-called “2-click” or “Shariff” solution.

This integration ensures that when you access a page on our website that contains such plugins, no connection is established with the provider's servers.

Only when you activate the plug-ins and thereby give your consent to the data transfer in accordance with Art. 6 Paragraph 1 Letter a of GDPR will your browser establish a direct connection to the provider's servers. In this case, regardless of whether you log in to an existing user profile, a certain amount of information about the device you are using (including your IP address), your browser and your page history will be transmitted to the provider and may be further processed there.

If you are logged into an existing user profile on the provider's social network, information about interactions carried out via the plug-ins will also be published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plugin by clicking on it again. However, the revocation has no influence on the data that has already been transferred to the provider.

Data may also be transferred to: Meta Platforms Inc., USA

We have concluded a data processing agreement with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level on the basis of an adequacy decision of the European Commission.

11) Rights of the data subject

11.1 The applicable data protection law grants you the following data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis stated for the respective conditions for exercising them:

• Right to information pursuant to Art. 15 GDPR;
• Right to rectification pursuant to Art. 16 GDPR;
• Right to erasure pursuant to Art. 17 GDPR;
• Right to restriction of processing pursuant to Art. 18 GDPR;
• Right to information pursuant to Art. 19 GDPR;
• Right to data portability according to Art. 20 GDPR;
• Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
• Right to complain according to Art. 77 GDPR.

11.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

12) Duration of storage of personal data

The duration for which personal data is stored is determined based on the respective legal basis, the purpose of processing and – if applicable – also on the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of an express consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.

When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (2) GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

Created with the help of the IT law firm Hamburg