I. Name and address of the person responsible
The person responsible within the meaning of the General Data Protection Regulation GDPR and other national data protection laws of the member states, as well as other data protection provisions is:
MYT Business Unit GmbH
Phone: +49 (0)7822 8946-0
II. Name and address of the Data Protection Officer
Dr. Claudia Noortwijck
Phone: +49 (751) 36 05 - 300
III. General information on data processing
1. Scope of processing of personal data
We collect and use personal data of our users only to the extent necessary to process our contracts. After fulfilment of the contractual obligations, we process data only after consent has been given. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons or in which processing of the data is permitted by statutory provisions.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the person concerned for the processing of personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis. Art. 6 para. 1 lit. b GDPR serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.
IV. Provision of the homepage and creation of log files
1. Description and scope of data processing
Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
(1) Information about the browser type and the version used
(2) The user's operating system
(3) The User's Internet Service Provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the User's system accesses our Website
(7) Websites accessed by the User's system through our Website
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR.
4. Duration of storage
If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.
V. Contact via forms and e-mail
1. Description and scope of data processing
You can contact us via the forms and e-mail addresses provided on our website. In this case the personal data of the user transmitted with the dispatch of the form, and/or the E-Mail are stored. In the case of forms, the data entered by the user (input and selection fields), as well as the time of dispatch and IP address for protection against improper use and, in the case of an e-mail, the data entered in the e-mail as well as all other data transmitted by the user's e-mail program. The data will not be passed on to third parties in this context. The data are used exclusively for the processing of the visitor's inquiry.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending a form or an e-mail is Art. 6 para. 1 lit. f GDPR. If the purpose of the contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3 Purpose of data processing
In the event of contact being established by form or e-mail, the processing of personal data serves solely to process the establishment of contact. This is also the necessary legitimate interest in the processing of the data.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data sent by form or e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.
5. Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us via form or e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.
VI. Rights of the data subject
If personal data is processed by you, you are the data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us. In the event of such processing, you may request the following information from the data controller:
(1) the purposes for which the personal data will be processed
(2) the categories of personal data processed
(3) the recipients or categories of recipients to whom the personal information about you has been or will be disclosed
(4) the planned duration of storage of the personal data relating to you or, if this is not possible, criteria for determining the duration of storage
(5) the existence of a right to rectify or erase personal data concerning you, a right to limit the processing by the controller or a right to object to such processing
(6) the existence of a right of appeal to a supervisory authority
(7) all available information on the source of the data, if the personal data are not collected from the data subject
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
2 Right to rectification
You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.
3. The right to limit the processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows the data controller to verify the accuracy of the personal data
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data - apart from their storage - may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.
If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to cancellation
a. Cancellation obligation
You can demand from the person responsible that the personal data concerning you be deleted immediately. The person responsible is obliged to delete this data immediately if one of the following reasons applies:
1. Personal data relating to you shall no longer be necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Article 8(1) GDPR.
b. Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 (1) GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist insofar as processing is necessary:
(1) to exercise the right to freedom of expression and information
(2) to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR
(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in Section a) presumably makes the attainment of the objectives of such processing impossible or seriously impairs them, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients by the data controller.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate these data to another data controller without being hindered by the controller to whom the personal data were provided, provided that:
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. e or f GDPR.
The person responsible will no longer process the personal data relating to you unless he can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you are processed for the purpose of direct marketing, you have the right at any time to object to the processing of the personal data concerning you for the purpose of such advertising.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the possibility to exercise your right to object in relation to the use of Information Society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.
9 Automated decision in individual cases
You have the right not to be subject to a decision based solely on automated processing that gives you legal effect or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is authorised by legislation of the Union or of the Member States to which the person responsible is subject and contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to state his own position and to challenge the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the GDPR.
The supervisory authority to which the complaint was submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.