Privacy policy

1) Introduction and contact details of the controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data in this context is all data with which you can be personally identified.

1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is AKH Fashion GmbH, Anton-Kux-Str.2, 41460 Neuss, Germany, tel.: +49 2131-4089760, e-mail: mail@akh-fashion.com. The controller responsible for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

1.3 The controller has appointed a data protection officer, who can be reached as follows: “Webdesign Awan, Kamran Awan, Wekeln 2, 47877 Willich, 0157-34896114, info@webdesign-awan.de”

2) Data collection when visiting our website

2.1 If you use our website merely for information purposes, i.e. if you do not register or otherwise transmit information to us, we only collect such data as your browser transmits to the site server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

• The website visited
• Date and time at the moment of access
• Amount of data sent in bytes
• Source/reference from which you reached the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymised form)

The processing is carried out pursuant to 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 should concrete indications point to unlawful use.

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

3) Hosting & content delivery network

Shopify

For hosting our website and displaying 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 is also transmitted 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 site visitors' data and prohibits unauthorised disclosure to third parties.

In the case of data transfer to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

4) Cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your terminal device. Some of these cookies are automatically deleted again after you close your browser (so-called “session cookies”), while others remain on your terminal device for longer and enable page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.

Insofar as personal data is also processed by individual cookies used by us, the processing is carried out pursuant to Art. 6(1)(b) GDPR either for the performance of the contract, pursuant to Art. 6(1)(a) GDPR in the case of consent granted, or pursuant to Art. 6(1)(f) GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.

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

Please note that the functionality of our website may be restricted if cookies are not accepted.

5) Contacting us

5.1 Our own live chat system

This website uses a live chat system which serves to answer live enquiries.

The processing of personal data transmitted via the chat is carried out either pursuant to Art. 6(1)(b) GDPR, because it is necessary for the initiation or performance of a contract, or pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in the effective support of our site visitors.
The data thus transmitted by you will be deleted, subject to statutory retention periods to the contrary, once the matter concerned has been conclusively clarified.

In addition, for the purpose of creating pseudonymised usage profiles, further information may be collected and evaluated with the aid of cookies, which, however, does not serve your personal identification and is not combined with other data sets. Insofar as this information has a personal reference, the processing is carried out pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in the statistical analysis of user behaviour for optimisation purposes.

The setting of cookies can be prevented by corresponding browser settings. In this case, however, the functionality of our website may be restricted.
You may object to the collection and storage of data for the purpose of creating a pseudonymised usage profile at any time vis-à-vis us with effect for the future.

5.2 WhatsApp Business

You have the option of contacting us via the messaging service WhatsApp of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this we use the so-called “Business version” of WhatsApp.

If you contact us via WhatsApp on the occasion of a specific transaction (for example an order placed), we store and use the mobile phone number used by you on WhatsApp as well as – if provided – your first and last name pursuant to Art. 6(1)(b) GDPR in order to process and answer your request. On the basis of the same legal basis, we may, where applicable, ask you via WhatsApp to provide further data (order number, customer number, address or e-mail address) in order to be able to assign your enquiry to a specific transaction.

If you use our WhatsApp contact for general enquiries (e.g. regarding the range of services, availabilities or our website), we store and use the mobile phone number used by you on WhatsApp as well as – if provided – your first and last name pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in the efficient and timely provision of the desired information.

Your data will always be used only to answer your request via WhatsApp. It will not be passed on to third parties.

Please note that WhatsApp Business receives access to the address book of the mobile terminal device used by us for this purpose and automatically transmits telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. For the operation of our WhatsApp Business account, we use a mobile terminal device in whose address book exclusively the WhatsApp contact details of such users are stored who have also contacted us via WhatsApp.

This ensures that every person whose WhatsApp contact details are stored in our address book has already, upon first use of the app on his device, consented by accepting the WhatsApp terms of use to the transmission of his WhatsApp telephone number from the address books of his chat contacts pursuant to Art. 6(1)(a) GDPR. A transmission of data of such users who do not use WhatsApp and/or have not contacted us via WhatsApp is thus excluded.

For the purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your related rights and setting options for protecting your privacy, please refer to WhatsApp's data protection information: https://www.whatsapp.com/legal/?eea=1#privacy-policy

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

Within the scope of the above-mentioned processing operations, data transfers to servers of Meta Platforms Inc. in the USA may occur.

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

5.3 Within the scope of contacting us (e.g. via contact form or e-mail), personal data is processed – exclusively for the purpose of processing and answering your request and only to the extent necessary for this.

The legal basis for the processing of this data is our legitimate interest in answering your request pursuant to Art. 6(1)(f) GDPR. If your contact aims at concluding a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that no statutory retention obligations preclude this.

6) Data processing when opening a customer account

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

Deletion of your customer account is possible at any time and can be carried out by sending a message to the above-mentioned address of the controller. After deletion of your customer account, your data will be deleted, provided that all contracts concluded via it have been fully settled, no statutory retention periods preclude this and no legitimate interest in the further storage continues to exist on our part.

7) Use of customer data for direct advertising

7.1 Subscription to our e-mail newsletter

If you subscribe to our e-mail newsletter, we regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of further data is voluntary and is used in order to be able to address you personally. For sending the newsletter, we use the so-called double opt-in procedure, by means of which it is ensured that you only receive newsletters once you have expressly confirmed your consent to the receipt of the newsletter to us by activating a verification link sent to the specified e-mail address.

By activating the confirmation link, you grant us your consent for the use of your personal data pursuant to Art. 6(1)(a) GDPR. In doing so, we store the 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 a possible misuse of your e-mail address at a later point in time. The data collected by us upon registration for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the controller named at the outset. After unsubscribing, your e-mail address will be deleted immediately from our newsletter distribution list, insofar as you have not expressly consented to a further use of your data or we reserve the right to a use of data going beyond this, which is permitted by law and about which we inform you in this declaration.

7.2 Sending the e-mail newsletter to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers by e-mail for goods or services similar to those already purchased from our range. For this we do not have to obtain separate consent from you pursuant to Sec. 7(3) UWG. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising pursuant to Art. 6(1)(f) GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send any mail.

You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by sending a notification to the controller named at the beginning. For this you incur only transmission costs according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will be discontinued immediately.

7.3 Shopify Email

Our e-mail newsletters are sent via this provider: Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also transmitted to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provided upon newsletter registration to this provider pursuant to Art. 6(1)(f) GDPR so that it undertakes the sending of the newsletter on our behalf.

Subject to your express consent pursuant to Art. 6(1)(a) GDPR, the provider additionally carries out a statistical success evaluation of newsletter campaigns by means of web beacons or counting pixels in the sent e-mails, which can measure opening rates and specific interactions with the contents of the newsletter. In doing so, terminal device information (e.g. time of retrieval, IP address, browser type and operating system) is also collected and evaluated, but not combined with other data holdings.
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 site visitors and prohibits disclosure to third parties.

In the case of data transfer to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

7.4 Shopping cart reminders by e-mail

In the event that you abandon your purchase with us before completing the order, you have the option of being reminded once by e-mail of the content of your virtual shopping cart.

The only mandatory information for sending this reminder is your e-mail address. The provision of further data is voluntary and is used, where applicable, in order to be able to address you personally. For sending the mail, we use the so-called double opt-in procedure, by means of which it is ensured that you only receive a notification once you have expressly confirmed your consent in this regard to us by activating a verification link sent to the specified e-mail address.

By activating the confirmation link, you grant us your consent for the use of your personal data pursuant to Art. 6(1)(a) GDPR for sending a shopping cart reminder. In doing so, we store the 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 a possible misuse of your e-mail address at a later point in time. The data collected by us upon registration for our e-mail notification service is used strictly for the intended purpose.

You can unsubscribe from the shopping cart reminders at any time by sending a corresponding message to the controller named at the outset. After unsubscribing, your e-mail address will be deleted immediately from the distribution list set up for this purpose, insofar as you have not expressly consented to a further use of your data or we reserve the right to a use of data going beyond this, which is permitted by law and about which we inform you in this declaration.

8) Data processing for order handling

8.1 Insofar as necessary for the performance of the contract for delivery and payment purposes, the personal data collected by us is passed on pursuant to Art. 6(1)(b) GDPR to the commissioned transport company and the commissioned credit institution.

Insofar as we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data transmitted by you when placing the order in order to inform you personally within the scope of our statutory information obligations pursuant to Art. 6(1)(c) GDPR. Your contact data is in this respect used strictly for the intended purpose for notifications about updates owed by us and is processed by us for this purpose only to the extent necessary for the respective information.

For the handling of your order, we also cooperate with the following service provider(s), who support us wholly or partly in the performance of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

8.2 To fulfil our contractual obligations towards our customers, we cooperate with external shipping partners. We pass on your name as well as your delivery address and, insofar as necessary for the delivery, your telephone number, exclusively for purposes of the delivery of goods, pursuant to Art. 6(1)(b) GDPR to a shipping partner selected by us.

8.3 We reserve the right to pass on your data to the debt collection service provider Creditreform, insofar as our payment claim has not been settled despite a prior reminder. In this case, the claim will be collected directly by the debt collection service provider.

The passing on of your data serves the performance of the contract pursuant to Art. 6(1) sentence 1(b) GDPR as well as the safeguarding of our legitimate interests, prevailing within the scope of a balancing of interests, in an effective assertion or enforcement of our payment claim pursuant to Art. 6(1) sentence 1(f) GDPR.

8.4 Screening against sanctions lists

Within the scope of the initiation of business relationships and the processing of orders, we reserve the right to compare the personal data provided to us by you with such data from sanctions lists of the European Union and/or its individual member states and, on the basis of the results of this comparison, to decide on the establishment of the business relationship or on the execution of the order.

This data processing is carried out pursuant to Art. 6(1)(c) GDPR on the basis of our legal obligation to check and ensure that no business relationships are entered into with sanctioned natural or legal persons and thus to prevent the provision of resources to such persons.

9) Site functionalities

9.1 Facebook plugins

On our website, plugins of the social network of the following provider are used: 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 visiting our website, the plugins are initially deactivated, integrated into the page by means of a so-called “2-click” or “Shariff” solution.

This integration ensures that, when a page of our website which contains such plugins is accessed, no connection with the provider's servers is yet established.

Only when you activate the plugins and thereby grant your consent to the data transmission pursuant to Art. 6(1)(a) GDPR does your browser establish a direct connection to the provider's servers. In doing so, irrespective of a login to an existing user profile, information about the terminal device you use (including your IP address), your browser and your page history is, to a certain extent, transmitted to the provider and, where applicable, further processed there.

If you are logged in to an existing user profile on the provider's social network, information about interactions carried out via the plugins is additionally published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plugin again by clicking on it once more. The revocation has no influence, however, on the data that has already been transmitted to the provider.

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

We have concluded a data processing agreement with the provider that ensures the protection of our site visitors' data and prohibits unauthorised 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 level of data protection on the basis of an adequacy decision of the European Commission.

9.2 Instagram plugins

On our website, plugins of the social network of the following provider are used: 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 visiting our website, the plugins are initially deactivated, integrated into the page by means of a so-called “2-click” or “Shariff” solution.

This integration ensures that, when a page of our website which contains such plugins is accessed, no connection with the provider's servers is yet established.

Only when you activate the plugins and thereby grant your consent to the data transmission pursuant to Art. 6(1)(a) GDPR does your browser establish a direct connection to the provider's servers. In doing so, irrespective of a login to an existing user profile, information about the terminal device you use (including your IP address), your browser and your page history is, to a certain extent, transmitted to the provider and, where applicable, further processed there.

If you are logged in to an existing user profile on the provider's social network, information about interactions carried out via the plugins is additionally published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plugin again by clicking on it once more. The revocation has no influence, however, on the data that has already been transmitted to the provider.

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

We have concluded a data processing agreement with the provider that ensures the protection of our site visitors' data and prohibits unauthorised 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 level of data protection on the basis of an adequacy decision of the European Commission.

9.3 X plugins

On our website, plugins of the social network of the following provider are used: Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland

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

In order to increase the protection of your data when visiting our website, the plugins are initially deactivated, integrated into the page by means of a so-called “2-click” or “Shariff” solution.

This integration ensures that, when a page of our website which contains such plugins is accessed, no connection with the provider's servers is yet established.

Only when you activate the plugins and thereby grant your consent to the data transmission pursuant to Art. 6(1)(a) GDPR does your browser establish a direct connection to the provider's servers. In doing so, irrespective of a login to an existing user profile, information about the terminal device you use (including your IP address), your browser and your page history is, to a certain extent, transmitted to the provider and, where applicable, further processed there.

If you are logged in to an existing user profile on the provider's social network, information about interactions carried out via the plugins is additionally published there and displayed to your contacts.
You can revoke your consent at any time by deactivating the activated plugin again by clicking on it once more. The revocation has no influence, however, on the data that has already been transmitted to the provider.

Data may also be transmitted to: X Corp., USA

We have concluded a data processing agreement with the provider that ensures the protection of our site visitors' data and prohibits unauthorised disclosure to third parties.

For the transmission 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 level of data protection.

10) Tools and miscellaneous

Cookie consent tool

This website uses a so-called “cookie consent tool” for obtaining effective user consents for cookies requiring consent and cookie-based applications. The “cookie consent tool” is displayed to users when they access the page in the form of an interactive user interface on which consents for certain cookies and/or cookie-based applications can be granted by ticking a box. In doing so, through the use of the tool, all cookies/services requiring consent are only loaded if the respective user grants corresponding consents by ticking a box. In this way it is ensured that such cookies are only set on the respective terminal device of the user in the case of a consent granted.

The tool sets technically necessary cookies in order to store your cookie preferences. Personal user data is in principle not processed in this context.

If, in an individual case, personal data (such as the IP address) is nevertheless processed for the purpose of storing, assigning or logging cookie settings, this is carried out pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

A further legal basis for the processing is furthermore Art. 6(1)(c) GDPR. As controllers, we are subject to the legal obligation to make the use of technically non-necessary cookies dependent on the respective user consent.

Insofar as necessary, we have concluded a data processing agreement with the provider that ensures the protection of our site visitors' data and prohibits unauthorised disclosure to third parties.

Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

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 cited legal basis for the respective conditions of exercise:

• Right of access 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 notification pursuant to Art. 19 GDPR;
• Right to data portability pursuant to Art. 20 GDPR;
• Right to revoke consents granted pursuant to Art. 7(3) GDPR;
• Right to lodge a complaint pursuant to Art. 77 GDPR.

11.2 RIGHT TO OBJECT

IF, WITHIN THE SCOPE OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREVAILING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.

IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. A FURTHER PROCESSING REMAINS RESERVED, HOWEVER, IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US IN ORDER TO CONDUCT DIRECT ADVERTISING, 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 THE OBJECTION AS DESCRIBED ABOVE.

IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

12) Duration of storage of personal data

The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and – where applicable – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

In the case of the processing of personal data on the basis of an express consent pursuant to Art. 6(1)(a) GDPR, the data concerned is stored until you revoke your consent.

If statutory retention periods exist for data that is processed within the scope of legal transactions or transaction-like obligations on the basis of Art. 6(1)(b) GDPR, this data is routinely deleted after expiry of the retention periods, provided it is no longer required for the performance of the contract or the initiation of the contract and/or no legitimate interest in the further storage continues to exist on our part.

In the case of the processing of personal data on the basis of Art. 6(1)(f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

In the case of the processing of personal data for the purpose of direct advertising on the basis of Art. 6(1)(f) GDPR, this data is stored until you exercise your right to object pursuant to Art. 21(2) GDPR.

Unless otherwise stated in the other information of this declaration about specific processing situations, stored personal data is otherwise deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.