Esprit Friends Privacy Statement
Short Overview
We take data privacy very seriously and this applies especially for the personal data of our Esprit Friends members (“”data””). Thus, we would like to inform you of how we process your data and of the rights and claims you are entitled according to the data protection laws.
Valid from 25 May 2018.
• Important contact information about us as the responsible authority: (see under no. 1)
• Categories of data:
We process primarily the following categories of your personal data: Esprit Friends registration information, purchase and loyalty points data, e-mail and advertising mail preferences, indicated product interests in the E-Shop and on the Esprit App, usage data of the E-Shop and Esprit App.
You provide us with some of this data (e.g. during registration or purchases) and other data is automatically collected (e.g. during visits to the E-Shop or the Esprit App or by clicking on the e-mail newsletter).
• Purpose of data processing
We process your data primarily to render the services related to the Esprit Friends Program, including customized product information based on your interests.
• Legal basis
Data processing is particularly necessary in order for us to comply with your Esprit Friends contract and to pursure our legitimate interests.
In the case that the law requires explicit authorization, e.g. for certain e-mail ads or for certain categories of cookies, we ask that you provide us with this authorization.
• Categories of data recipients
In addition to the responsible authorities, external service providers who support us in our service operations could potentially have access to your data. In some isolated cases, other third parties may receive your data, such as government agencies, external consultants or certain business partners.
Your data is currently not processed outside of the EU.
• Length of data retention
We typically process and store your data for the duration of our contractual relationship.
• Your data protection rights, spec. right to object
Under certain conditions, you can exercise your data protection rights towards us. We would like to point out your rights to object in particular:
In the case of certain circumstances that arise from your specific situation, you have the right to object the processing of your data if we justify the legality of it with a balance of interests or if the data processing concerns profiling or direct advertising. In this case, we will typically not continue processing your data.
• Voluntary option to provide data
There is no legal requirement to share your data with Esprit. However, you will be unable to participate in the Esprit Club if you choose not to provide us with your data. Submitting data ia therefore completely voluntary. If you choose not to share your data with us, you will not experience any legal disadvantages, but you will not be able to enjoy the benefits and services offered by the Esprit Club.
Detailed data protection information
1. Responsible authorities for data processing and contact information
Esprit Friends is a customer loyalty program for all Esprit deals and services, regardless of which Esprit company offers the deals and services. For this reason, several Esprit companies are responsible for data processing within the framework of the Esprit Friends Program according to Art. 26 GDPR (General Data Protection Regulation).
Esprit Europe GmbH
Esprit-Allee
40882 Ratingen
Tel.: 01 54 100 62
Fax: 01 54 100 63
E-mail: service@esprit.eu
The Esprit Europe GmbH (“company with limited liability”) is your contract partner for the Esprit Friends loyalty program and is responsible in particular for the administration, storage and analysis of your loyalty points, purchase data and product interests, and for the dispatchment of e-mail advertisements.
Esprit Retail B.V. & Co. KG
Esprit-Allee 1
40882 Ratingen
E-mail: service@esprit.eu
The Esprit Retail company manages the Esprit online shop and diverse retail shops: Here, the Esprit Retail company collects various personal data, e.g. during purchases or registration for Esprit Friends or the newsletter, as well as website usage data, and administers the redemption of loyalty points during a purchase. As the central administrator and operator of the Esprit Friends Program, the data is passed on to the Esprit Europe GmbH (“”company with limited liability””).
Esprit Global Image GmbH
Esprit-Allee 1
40882 Ratingen
E-mail: service@esprit.eu
Esprit Global Image operates the Esprit App and collects personal data via the app, e.g. when placing an order, during registration for Esprit Friends or the newsletter, and via app usage data, and administers the redemption of loyalty points when purchasing over the app. As the central administrator and operator of the Esprit Friends Program, the data is passed on to the Esprit Europe GmbH (“”company with limited liability””).
All three Esprit companies (hereinafter referred to as “Esprit”, “we”, “us” and “our”) are collectively responsible (“joint controllers”) for data processing according to Art. 26 GDPR (General Data Protection Regulation). The collective purpose of the Esprit companies for data processing in regards to the Esprit Friends Program and e-mail advertising is specified in detail in a joint controller contract between the Esprit companies. Upon request, we will gladly provide a summary of the basic conditions of this joint controller contract. Despite their joint responsibility for data processing, the three Esprit companies cannot act as legal representatives for one another.
Data protection officer
The data protection officer for all three Esprit companies can be contacted via the following:
2. Categories of data
In order to manage the Esprit Friends Program and for the purpose of e-mail advertising, we collect and process the following categories of personal data.
You provide us with some of this data (e.g. during registration or purchases) and other data is automatically collected (e.g. during visits to the E-Shop or the Esprit App or by clicking on the e-mail newsletter).
3. Purpose of data processing
We process your personal data according to the conditions of the General Data Protection Regulation, the Federal Data Protection Act (Bundesdatenschutzgesetz), and other applicable data protection regulations for the following purposes:
• To operate the Esprit Friends Program, especially
• To administer your loyalty points, which you earn with every Esprit purchase, and your membership level (Friends, Gold, Platinum)
• To evaluate your Esprit shopping behavior and E-Shop and Esprit App visits in a customer profile (in order to send you customized E-shop and Esprit App deals, invitations to special events and coupons) and your usage of cookies and similar technology to link with the customer profile
• To manage e-mail advertising and advertising mail
• To personalize and customize communication and product recommendations based on your shopping behavior and to function as a “”shopping consultant””
• To personalize the online shop and Esprit App based on your interests
• To redeem your loyalty points in the form of discounts with cash value during your next Esprit purchase
• To improve Esprit products and services
• To make business decisions according to company law
• To comply with legal specifications
• To enforce, exercise and defend legal claims
4. Legal basis
Data processing is permitted for the operation of the Esprit Friends Program because it is necessary for the contractual relationship concerning your participation in the Esprit Friends Program and because we have a predominantly legitimate interest. We justify our legitimate interests particularly as follows: With your involvement in the Esprit Friends Program, you have expressed interest in personalized information about the products and services offered by the Esprit companies. Additionally, we evaluate your shopping behavior and your product interests by utilizing objective information and without creating sensitive personality profiles. Furthermore, we do not execute any automated decisions with legal or similar consequences.
In the case that the law requires explicit authorization, e.g. for certain e-mail ads or for certain categories of cookies, we will solicit this authorization from you. If an authorization is not granted in a case where it is legally required, the data processing procedures will not be performed.
In addition, legal authorization standards, such as tax retention periods or the enforcement, execution and defense of legal claims, permit data processing.
5. Data recipients or categories of data recipients
5.1 Esprit: As the responsible authority, Esprit only has access to your data insofar that it is necessary to achieve their aims concerning the internal allocation of responsibilities. To that end, access to your data will be granted only to the departments and employees who truly require it.
5.2 Service providers: We collaborate with service providers who, as contract processors, have access to your data and process it for specific purposes outlined by us. These contract processors could be marketing service providers, website hosting providers, IT support providers or website analysis providers.
5.3 Other third parties: Under certain circumstances, we might pass your data on to government agencies, external consultants, business partners or courts.
5.4 International data transfer: Although all data recipients are currently located in the EU/EEC, you should be aware that recipients in the future could be located in a country outside of the EU/EEC which doesn’t offer the same level of data protection as in the EU. Particularly service providers could be located in the United States in the future. In this case, Esprit will either choose service providers which are certified according to the US-EU Privacy Shield Program (Art. 45 Par. 1 GDPR) or which agree to the EU standard contract clauses as approved by the EU Commission (Art. 46 Par. 2 (c) or (d) GDPR).
6. Length of data retention
We typically process and store your data for the duration of the contractual relationship, which also includes the initiation of the contract (pre-contractual legal relationship).
In addition, we are subject to various storage and documentation obligations resulting from, inter alia, the Code of Commercial Law (Handelsgesetzbuch) and the General Fiscal Law (Angabenordnung). The storage limit, or rather documentation limit, can be up to ten years after the end of the contractual relationship or the pre-contractual legal relationship.
Moreover, special legal specifications may require a longer retention period, such as the conservation of evidence within the framework of the legal statute of limitations. According to Section 195 et. seq. of the Civil Law Code (Bürgerliches Gesetzbuch), the standard limitation period is two years; however, limitation periods of up to 30 years are also possible.
If the data is no longer required to comply with contractual or legal obligations and rights, the data will be periodically deleted. This is the case unless (limited) further processiong of the data is necessary to comply with the aforementioned purposes based on the predominately legitimate interests of the employer.
7. Your data protection rights
Under certain conditions, you can exercise you data protection rights towards us:
• Right to revoke authorization: If you have granted your authorization regarding certain types of processing operations, you can revoke this authorization at any time with effect in the future. However, the retraction doesn’t affect the legality of the processing before the withdrawal of consent, or as long as the processing can be justified with another legal basis.
• Right of access: According to Art. 15 GDPR (with limitations according to Sec. 34 of the Federal Data Protection Act), you have the right to receive information about your data that we have saved.
• Right to rectification: According to Art. 16 GDPR, you have the right to obtain the rectification of inaccurate data that we have stored concerning you.
• Right of erasure: If you wish, we will delete your data according to Art. 17 GDPR as long as other legal regulations (e.g. legal retention periods or limitations according to Sec. 35 of the Federal Data Protection Act) or one of our legitimate interests (e.g. defenseof our rights and claims) do not conflict with it.
• Right to restriction of processing: Under consideration of the conditions of Art. 18 GDPR, you can request to limit the processing of your data.
• Right to object: Moreover, you can object to the processing of your data according to Art. 21 GDPR. You can exercise this right to object in the case of certain circumstances that arise from your specific situation and only for data processing whose legality is based on a balance of interests which concerns profiling or which fulfills the purpose of direct advertising. In this case, we will no longer process your data unless we are legally entitled to deny your objection. However, an objection to direct marketing, including profiling, is mandatory for us and we are no longer permitted to process your data for these purposes.
Insofar as you have granted your authorization for direct advertising and you no longer wish to receive tit, you must retract your authorization. • Right to data portability: According to Art. 20 GDPR, you also have the right to receive your data in a structured, machine-processable format or to submit it to a third party.
• Complaints to the data protection authority: Furthermore, you have the right to submit complaints to any responsible data protection authority (Art. 77 GDPR). However, we recommend that you first send your complaint to our data protection officer so that we can solve your problem quickly and in a customer-oriented fashion.
For a quick resolution to your problem, we ask you to send a written request about exercising your rights to the following address or directly to our data protection officer.
Esprit Europe GmbH
Esprit-Allee
40882 Ratingen
8. Scope of obligations to provide your information
There is no legal requirement to share your data with Esprit. However, you will be unable to participate in the Esprit Friends Program if you choose not to provide us with your data. Submitting data ia therefore completely voluntary. If you choose not to share your data with us, you will not experience any legal disadvantages, but you will not be able to enjoy the benefits and services offered by the Esprit Friends Program.
9. Other
This data protection information was updated on 25 May 2018. Esprit reserves the right to update this data privacy information periodically.