Privacy Policy GayGearStore

Privacy Policy for GayGearStore

Protecting your privacy is important to us. This privacy policy describes the collection and processing of personal data by GAYGEARSTORE, to the extent not covered by other privacy policies or arising from circumstances or provided for by applicable law. The term "personal data" includes all information about an identified or identifiable person.

This privacy policy describes in Section A. the processing of personal data by GAYGEARSTORE in general. Section B. contains specific provisions for certain applications (e.g., online shop, newsletter, and banner advertising).

If you provide GAYGEARSTORE with personal data of other individuals, such as data about the recipient of a gift, please disclose the recipient's personal data to GAYGEARSTORE only if you are authorized to do so under applicable data protection laws and if the other person agrees that you provide GAYGEARSTORE with their personal data for the purposes of data collection and processing as described in this privacy policy.

  1. General
  1. Responsible entity

For each website (including online shops and mini-sites for special offers), presence on social media, multimedia portals, chatbots, and each app of GAYGEARSTORE (hereinafter referred to as "WEBSITE"), www.gaygearstore.com / GAYGEARSTORE Theros Retail SL, Calle Consell de Cent 271, Principal, 08011 Barcelona Spain (hereinafter referred to as "GAYGEARSTORE") shall be the responsible entity with regard to the collection of personal data in accordance with the Swiss Data Protection Act.

  1. Processing of personal data

GAYGEARSTORE collects and processes personal data of:

Users of their WEBSITES who are registered with GAYGEARSTORE; Individuals who purchase and use products and services from GAYGEARSTORE; Potential or actual interested parties in products and services from GAYGEARSTORE; Recipients of newsletters from GAYGEARSTORE; Participants in research campaigns or surveys conducted by GAYGEARSTORE; Participants in events or other organized events by GAYGEARSTORE; Individuals who use customer loyalty programs of GAYGEARSTORE; (hereinafter collectively referred to as "CUSTOMERS").

The personal data of CUSTOMERS is typically collected directly by GAYGEARSTORE in the context of using the WEBSITE, attending GAYGEARSTORE events, or through direct communication via email or telephone, as well as in other ways. However, personal data can also be collected indirectly, for example, when GAYGEARSTORE requests third parties, such as GAYGEARSTORE's PARTNERS (as defined below, including wholesalers, retailers, suppliers, and other business partners such as customer service representatives), to act as processors, even if the customer making the purchase does not match the person benefiting from the purchase or if the purchase is shipped to another person (e.g., as a gift), based on a recommendation from a third party (e.g., recommendation by the customer's family or friends) or by obtaining additional information from third-party data sources (e.g., social media).

GAYGEARSTORE processes, in particular, the following categories of personal data:

  • Personal data and contact information such as first and last name, maiden name, address, place of residence, phone number, email address, age, date of birth, gender, marital status, relatives, emergency contact, images, etc.;
  • Data related to orders and purchases, including but not limited to payment information, credit card details, and other payment information, billing and delivery address, ordered and purchased products and services, information related to inquiries, complaints, and disputes regarding products and services or related contracts, such as warranty claims, customer service, repairs, customer support and services, returns, etc.;
  • Data related to product and service marketing, including but not limited to information such as newsletter opt-ins and opt-outs, received documents, invitations, and participation in events and special promotions, personal preferences and interests, customer segmentation information, etc.;
  • Data about the use of the WEBSITE, including but not limited to IP address and other identification features (e.g., username on social media sites, MAC address of smartphones or computers, cookies), date and time of WEBSITE visits, visited pages and content, referring websites, etc.;
  • Data related to communication, such as preferred communication methods, correspondence and communication with GAYGEARSTORE (including records of communication), etc.;
  • Data collected from registered users, such as access codes (including passwords), preferred language, date and duration of the user account, customer's or potential third party's payment information, information about the recipient of a gift, number of WEBSITE visits, purchase history, products acquired, etc. (all WEBSITE accounts, activities, and events for which the CUSTOMER must register with their personal data and enter into a contract with GAYGEARSTORE are considered as accounts within the scope of this policy); collectively referred to as CUSTOMER DATA.

In addition, GAYGEARSTORE collects:

  • Data from users of the WEBSITE who do not register with GAYGEARSTORE (VISITORS) but may provide personal data, such as through social media (VISITOR DATA). The provisions of this notice regarding data collected by a CUSTOMER in connection with the use of the WEBSITE also apply to VISITOR DATA, even though identifying a VISITOR is generally not possible for GAYGEARSTORE;
  • Information about employees and contacts of partners, retailers, suppliers, and other business partners of GAYGEARSTORE (hereinafter referred to as PARTNERS, whose data is referred to as PARTNER DATA), such as contact details, information about their function, information about previous contact with these individuals, data related to marketing activities (e.g., receipt of newsletters), information about business transactions, inquiries, offers, terms and conditions, and contracts, information about professional or other interests of individuals.

The CUSTOMER is obliged to provide GAYGEARSTORE with the data necessary or legally required for the establishment and execution of the contractual relationship and the fulfillment of the associated contractual obligations. Without this data, GAYGEARSTORE is generally unable to conclude or fulfill the contract with the respective customer. This also applies mutatis mutandis to business relationships with wholesalers, retailers, suppliers, and business partners of GAYGEARSTORE; these relationships generally cannot be concluded or processed without information about their employees and other contacts. Since every access to the WEBSITE is logged, connection data (such as IP address) is always logged; this happens automatically during use and cannot be disabled for individual VISITORS or CUSTOMERS.

  1. Processing purpose and legal basis

3.1. Purpose of Processing

GAYGEARSTORE may process CUSTOMER DATA, in accordance with applicable law, for the following purposes, including but not limited to:

In relation to the services offered, contract execution (including purchase agreements), participation in events, maintenance and development of customer relationships, communication, customer service and support, promotions, advertising and marketing (including newsletters and sending promotional materials); Management of users of the WEBSITE and other activities in which CUSTOMERS participate, operation and development of the WEBSITE (including providing functions that require identifiers or other personal data) and other IT systems, identity verification; Protection of CUSTOMERS, employees, and other individuals, as well as protection of data, secrets, and assets of GAYGEARSTORE, security of GAYGEARSTORE's systems and premises; Compliance with legal and regulatory requirements and internal regulations of GAYGEARSTORE, enforcement and assertion of rights and claims, defense against legal claims, legal disputes, lawsuits, combating abusive behavior, initiation of investigations and proceedings, and response to requests from authorities; Sale or acquisition of business units, companies, or parts of companies, as well as other corporate transactions; and For other purposes to the extent that a legal obligation requires processing and this was apparent from the circumstances or was indicated at the time of collection. (together referred to as the PURPOSE OF DATA PROCESSING).

3.2. Legal Basis for Processing

GAYGEARSTORE uses CUSTOMER DATA for the PURPOSE OF DATA PROCESSING based on the following legal bases:

Fulfillment of contracts; Compliance with legal obligations of GAYGEARSTORE; Consent of the customer (only to the extent that the processing is based on a specific request and can be revoked at any time, namely the receipt of newsletters for which the customer has registered); Legitimate interests pursued by GAYGEARSTORE, including but not limited to: o Purchase and delivery of products and services, including in connection with individuals who are not direct contracting parties (such as recipients of gifts); o Conducting advertising and marketing activities; o Efficient and effective customer support, contact maintenance, and other communication with CUSTOMERS outside of contract processing; o Understanding customer behavior, activities, concerns, and needs, market studies; o Efficient and effective improvement of existing products and services and development of new products and services; o Efficient and effective protection of customers, employees, and other individuals, as well as protection of data, secrets, and assets of GAYGEARSTORE, security of GAYGEARSTORE's systems and premises; o Maintenance and secure, efficient, and effective organization of business operations, including secure, efficient, and effective operation and successful development of the WEBSITE and other IT systems; o Reasonable corporate management and development; o Successful sale and acquisition of business units, companies, or parts of companies and other corporate transactions; o Compliance with legal and regulatory requirements and internal rules of GAYGEARSTORE; o Concerns regarding the prevention of fraud, criminal activities, and offenses, as well as investigations related to such offenses and other misconduct, processing of claims and lawsuits against GAYGEARSTORE, cooperation in legal proceedings and with authorities, and pursuit, exercise, and defense of legal claims.

In accordance with applicable data protection laws, GAYGEARSTORE may process VISITOR DATA, in particular, for the purpose of maintaining and developing the WEBSITE (including providing functions that require identifiers or other personal data), statistical analysis of the use of the WEBSITE, combating abusive behavior, purposes of judicial investigations or proceedings, and responding to requests from authorities. VISITOR DATA is processed according to the principles established for CUSTOMER DATA.

GAYGEARSTORE may process PARTNER DATA, in particular, for the purpose of concluding and executing contracts and other business relationships with PARTNERS, promotions, advertising and marketing, communication, invitation to events and participation in promotions for PARTNERS, organization of joint activities, compliance with legal and regulatory requirements and internal rules of GAYGEARSTORE, enforcement and assertion of rights and claims, defense against legal claims, legal disputes, complaints, combating abuse.

  1. Data Transfer and Disclosure

In accordance with applicable data protection laws, GAYGEARSTORE may disclose CUSTOMER, VISITOR, and PARTNER DATA to the following categories of THIRD PARTIES, who process PERSONAL DATA on behalf of GAYGEARSTORE or for their own purposes:

Service providers (both within GAYGEARSTORE and external), including data processors; Wholesalers, distributors, retailers, suppliers, and other business partners; Customers of GAYGEARSTORE; Local, national, and foreign authorities; Media; The public, including visitors to GAYGEARSTORE's websites and social media; Industry organizations, associations, organizations, and other bodies; Competitors; Acquirers or potential acquirers of business units, companies, or other parts of GAYGEARSTORE; Other parties in potential or actual legal proceedings; (collectively referred to as THIRD PARTIES).

 

GAYGEARSTORE may disclose CUSTOMER, VISITOR, and PARTNER DATA within GAYGEARSTORE as well as to THIRD PARTIES, in any country worldwide, especially in all countries where GAYGEARSTORE is represented by subsidiaries, affiliates, or other branches and representatives, as well as in countries where GAYGEARSTORE's service providers process their data. If data is transferred to countries that do not provide adequate protection, GAYGEARSTORE ensures appropriate safeguards for the disclosed data.

  1. Retention of Data

GAYGEARSTORE generally does not store personal data longer than necessary for the PURPOSES for which it is processed. However, GAYGEARSTORE is entitled to process personal data for a longer period of time, subject to the following rules and obligations: GAYGEARSTORE retains personal data as long as (i) required (by contract, law, or other provisions) or (ii) GAYGEARSTORE has an interest in doing so (namely an interest for evidentiary purposes in case of claims, documentation of compliance with certain legal or other requirements, an interest in non-personal analysis). Different rules apply, in particular, regarding the anonymization or pseudonymization of personal data under applicable law.

For contract-related CUSTOMER and PARTNER DATA (including business records and communications), GAYGEARSTORE generally retains personal data for the duration of the contractual relationship and ten years after the termination of the contractual relationship, unless (i) a shorter or longer statutory retention obligation exists in individual cases, (ii) retention is necessary for evidentiary purposes or for another valid reason under applicable law, or (iii) deletion of the data is required earlier (e.g., because the data is no longer needed or GAYGEARSTORE must delete the respective data).

For operational data that contains CUSTOMER, VISITOR, or PARTNER DATA (e.g., logs, records), GAYGEARSTORE typically retains personal data for a period of 3 to 12 months.

  1. Cookies, analytics tools, social plug-ins and re-targeting

6.1. Cookies

GAYGEARSTORE uses tracking technologies, specifically "cookies," on its website.

These cookies are employed by GAYGEARSTORE to gain insights into how users interact with the website, allowing for an improved user experience during website visits.

GAYGEARSTORE utilizes session cookies, which are automatically deleted when the user closes the website. These cookies enable the server to maintain a stable connection with the user, such as preserving the contents of a shopping cart while the user navigates the website. Additionally, GAYGEARSTORE utilizes persistent cookies, which are deleted after a predetermined period set by the website.

Persistent cookies are used by GAYGEARSTORE to remember user preferences on the website. They remain on the user's desktop or internet-enabled device even after the browser is closed or the device is restarted. GAYGEARSTORE employs these cookies to analyze user behavior and identify patterns of website visits, aiming to enhance website functionality for all users.

It's important to note that cookies do not cause any harm and do not contain viruses. If a user does not wish to have cookies set, the browser settings can be adjusted to require user consent for cookie creation or to reject cookies altogether.

However, please be aware that rejecting cookies on the website may result in certain functions being restricted or unavailable.

GAYGEARSTORE is authorized to install a tracking code in newsletters and other marketing emails. This code allows GAYGEARSTORE to determine whether the recipient has opened the email or downloaded any images contained within. However, recipients have the option to block this application within their email program. By receiving newsletters or other marketing emails, the recipient implicitly consents to the use of this technology.

If GAYGEARSTORE places third-party advertising on the website, such as banners, or intends to display its own ads on third-party websites, specialized companies that focus on ad targeting may use cookies. GAYGEARSTORE does not share any personally identifiable information with these companies. Instead, these companies merely set persistent cookies on the users of the website to recognize them. This practice is solely for the benefit of GAYGEARSTORE, enabling targeted advertising for these individuals on third-party websites. For example, ads may be displayed related to products for which these individuals have shown interest in the online shop. GAYGEARSTORE also does not disclose any personally identifiable information to the operators of external websites.

6.2. Analytics tools

6.2.1. Facebook Pixel

On its website, GAYGEARSTORE utilizes the Facebook Pixel from the social network Facebook, located at 1601 South California Avenue, Palo Alto, CA 94304, USA. When the website is visited, the Facebook Pixel establishes a direct connection between the user's browser and the Facebook server. As a result, Facebook receives information that the user has visited the website using their IP address. This enables Facebook to associate the website visit with the user's Facebook account. The obtained information can be used for displaying Facebook ads or for tracking functionalities. It is important to note that GAYGEARSTORE does not have knowledge of the content of the transmitted data or its usage by Facebook. For further information, please refer to Facebook's privacy policy at https://www.facebook.com/about/privacy.

6.2.2. Google Analytics

The website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics utilizes "cookies," which are text files stored on the user's device, to analyze the usage of the website. The information generated by the cookies about the user's interaction with the website is usually transmitted to and stored on a Google server in the United States. However, if IP anonymization is enabled on this website, the user's IP address will be truncated by Google within member states of the European Union or other contracting parties to the Agreement on the European Economic Area before being transmitted. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. On behalf of the website operator, Google will use this information to evaluate the user's usage of the website, compile reports on website activities, and provide other services related to website usage and internet usage to the website operator. The IP address transmitted by the user's browser as part of Google Analytics will not be associated with any other data held by Google. The user can prevent the storage of cookies by adjusting their browser settings; however, it is important to note that in doing so, some functions of the website may not be fully accessible. Additionally, the user can prevent Google from collecting and processing data generated by the cookie and related to their use of the website (including their IP address) by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more detailed information on terms of use and privacy, please refer to http://www.google.com/analytics/terms/de.html and http://www.google.com/intl/de/analytics/privacyoverview.html.

6.3. Social Plugins

The website uses social plugins, such as those from Facebook, Twitter, or Google+. These plugins are identified by the logo of the respective provider and may include features like "Like" buttons or Twitter and Google+ buttons.

When a customer or visitor accesses a website that contains such a plugin, their browser establishes a direct connection to the servers of the respective provider. The content of the plugin is transmitted from the provider's site directly to the customer's or visitor's browser and integrated into the website. By incorporating the plugins, the provider receives information that the customer or visitor has accessed the website. If the customer or visitor is logged in to their account with the provider at the same time, the provider can associate the visit with their profile. If the customer or visitor interacts with the plugins, such as by clicking the "Like" button or leaving a comment, the corresponding information is directly transmitted from their browser to the provider and stored there.

If the customer or visitor does not want the provider to collect data about them through our website, they must log out of their account with the provider before visiting the website. Even when logged out, the providers collect anonymized data through the social plugins and set a cookie on the customer's or visitor's device. This data can be associated with the corresponding profile if the customer or visitor logs in to the provider at a later time.

If a login is offered through a social login service, such as Facebook Connect, data is exchanged between the provider and the website. For example, with Facebook Connect, this can include data from the customer's or visitor's public Facebook profile. By using such login services, the customer or visitor agrees to the transfer of data.

The purpose and scope of data collection, as well as the further processing of data by the provider and the related rights and privacy settings, can be found in the privacy policies of the respective providers:

If the customer or visitor does not want the providers to collect data through these cookies, they can choose the "block third-party cookies" function in their browser settings. This will prevent the browser from sending cookies to the server for embedded content from other providers. However, please note that with this setting, some functions of the website may no longer work properly.

6.4. Re-Targeting

To make the online experience more engaging for the customer or visitor, GAYGEARSTORE utilizes re-targeting technologies. This allows GAYGEARSTORE to display interesting content related to products and offers on the websites of GAYGEARSTORE's partners, which the customer or visitor has previously viewed on GAYGEARSTORE's website. The displayed content is based on cookies set by GAYGEARSTORE and the customer's or visitor's previous browsing behavior on the website. At no time are personally identifiable data transmitted or user profiles merged for the display of this content. The content is broadcasted completely anonymously.

  1. Commissioned service providers and third parties

In order to ensure a convenient shopping experience, GAYGEARSTORE collaborates with service providers (or authorized third parties) for logistics, payment, and customer service. As part of these services, GAYGEARSTORE shares data with the following companies for the specified purposes:

  1. Post AG Schweiz: The purpose is to verify accurate address information, deliver, and send your order.
  2. Paymill Inc.: The purpose is for payment processing and creditworthiness checks.
  3. Infoscore GmbH: The purpose is for the collection of outstanding payments.

Please note that the data shared with these companies is done so to facilitate the necessary processes and services related to your purchase, and they are expected to handle the data in accordance with applicable privacy laws and regulations.

  1. Credit assessment and scoring

If we make advance payments, such as for a purchase on account, we may, in order to protect our legitimate interests, obtain credit information based on mathematical-statistical procedures from a credit reporting agency [optional: name of the credit reporting agency]. For this purpose, we transmit the personal data required for a credit check to a credit reporting agency [optional: name of the credit reporting agency] and use the information received about the statistical probability of payment default to make a balanced decision regarding the establishment, execution, or termination of the contractual relationship.

  1. Information, correction and deletion of data and contact person for data protection

Affected individuals have the right to request information from GAYGEARSTORE at any time regarding the data stored about them, the recipients or categories of recipients to whom their data is disclosed, as well as the purpose of storage. They can contact the following entities for this purpose:

GayGearStore

Theros Retail SL
Calle Consell de Cent 271, Principal
08011 Barcelona
Spain
datenschutz@gaygearstore.com

Furthermore, affected individuals can contact GAYGEARSTORE at any time using the contact information provided above to update, correct, complete, or delete the data stored about them. They also have the right to file a complaint with the relevant data protection supervisory authority. Rights of the Affected Individuals: You have the right to free information about the data stored about you and, if applicable, the right to correction, restriction of processing, data portability, or deletion of this data. If you have any questions regarding the collection, processing, or use of your personal data, or if you require information, correction, blocking, or deletion of data, or wish to revoke your consent or object to a specific use of data, please contact us directly using the contact information provided in our imprint. You also have the right to file a complaint with the relevant data protection supervisory authority.

  1. Changes to the privacy policy

GAYGEARSTORE is authorized to modify this privacy policy at any time and without prior notice. The latest version according to the website shall apply.

If the privacy policy is part of an agreement with customers and partners, GAYGEARSTORE may inform them about updates or changes via email or any other appropriate means. The changes shall be deemed accepted if no objection is raised within 30 days of notification. In the event of an objection, GAYGEARSTORE reserves the right to terminate the contract exceptionally and with immediate effect.

  1. Special provisions

The following provisions supplement the provisions of the general section for specific activities of GAYGEARSTORE. In the event of a conflict, the following provisions take precedence over the provisions of the general section.

  1. Online-Shops

If the customer chooses to make a payment using PayPal or a credit card, GAYGEARSTORE will transmit the customer's personal data to the payment acquiring service provider via a secure interface connection and request a creditworthiness and identity check. At no time are direct personal data such as credit scores or addresses exchanged; instead, only the presence of relevant information and its validity are verified. For example, GAYGEARSTORE does not learn the specific value of a credit score but only whether creditworthiness exists and a payment method can be securely accepted.

  1. Partner and Händler

CUSTOMER DATA, PARTNER DATA, and VISITOR DATA may be collected indirectly through partners in addition to being collected directly by GAYGEARSTORE. In such cases, GAYGEARSTORE's partners process personal data on behalf of GAYGEARSTORE and are bound by specific processing agreements that govern the terms of their obligations in a manner that ensures the protection of the rights of customers, partners, and visitors, as well as the processing and security of their personal data in accordance with applicable data protection laws.

  1. Newsletter and banner advertising

If the customer consents, GAYGEARSTORE may send newsletters or other commercial communications related to products and services. Based on the provided data, GAYGEARSTORE can personalize the information sent to the customer, aiming to provide them with relevant and interesting content. For this purpose, GAYGEARSTORE analyzes the data, taking into account stored information such as age, gender, interests, preferences, and other information derived from the linkage of additional data provided or collected by the customer. Customers can unsubscribe from receiving newsletters or other commercial communications at any time through their account on the respective website or by using the unsubscribe link provided in each email.

During the visit to the website, personalized advertising may be displayed. Each banner advertisement shown to the customer contains products offered on the website that the customer has previously viewed. This advertising is generated by GAYGEARSTORE using cookies (see above section A. 6.1).

  1. Games, contests and other promotional activities

The data is collected for the following purposes related to contests, competitions, and other promotional activities:

  1. Conducting the competition or giveaway.
  2. Contacting the winners.
  3. Publishing the contact details of the winners.
  4. Promoting the winners on social media.
  5. Advertising and marketing activities.