Data Protection Statement

At Marc O’Polo your satisfaction is always our top priority, and protecting your privacy is an important part of our job. We therefore collect, process and use your personal data only in accordance with the principles described below and in compliance with the applicable data protection laws.

The controller pursuant to Article 4(7) of the EU General Data Protection Regulation (GDPR) for the website https://www.marc-o-polo.com and the incorporated online shop (hereinafter referred to as the ‘website’) is Marc O’Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany, customerservice@marc-o-polo.com (hereinafter referred to as ‘Marc O’Polo’ or ‘we’).

You can contact our Data Protection Officer by e-mail (datenschutz@marc-o-polo.com) or at our postal address, stating ‘Data Protection Officer’.

If you are under the age of 16, please obtain permission from a parent or guardian before you provide personal data to Marc O’Polo.

Your personal data

Personal data is any information that relates to an identified or identifiable person. This includes, for example, your name, telephone number, postal address and e-mail address.

Collection, processing and use of personal data

Marc O’Polo collects, processes and uses your personal data only to the extent described below.

I. Your customer account

On the website, you have the option to set up a personal customer account for the online shop (hereinafter referred to as the ‘customer account’). You can save your personal information in your customer account for extra convenience when you make purchases in the online shop.
To open your personal customer account, Marc O’Polo needs the following compulsory information: your title, first name, surname, e-mail address and a password of your choice. You can also save your postal address, date of birth and telephone number to enable your orders to be processed. We will use your telephone number to arrange the delivery time with you if necessary. We need your date of birth to check that you are of legal age.

Once you have registered successfully, you will automatically receive a confirmation by e-mail. The e-mail address you provide is also used as the access name for your customer account.

You can update your details at any time in the personal information section of your customer account and add other optional information. For example, you can set your preferred payment method and type of shipping and manage your newsletter settings. You can also save an address book with different addresses that you wish to use for your orders, and you can track the status of your orders and the history for completed orders.

If you are part of the customer loyalty programme operated by Marc O’Polo International GmbH, once you have registered for the customer loyalty programme, we will check on behalf of Marc O’Polo International GmbH whether there is a customer account with the same details as those you have provided in the application form (name, date of birth and e-mail address; or for registrations on paper: postal address instead of e-mail address) for the online shop that we operate. If there is a matching account, a record will be made in your customer account that you are a member of the customer loyalty programme. Any additional information (such as a telephone number or delivery address) that is saved in our customer account will also be added to your online profile for the customer loyalty programme.

II. Orders in the online shop

There are two options available for ordering from our online shop:

1. Orders with a customer account

If you have opened a customer account with us (see above, Section B.I), you will be prompted to log in to your customer account with your e-mail address and password during the order process. If you have saved your delivery and billing address in your customer account, these will be suggested for you to use for this order. If you have not saved these addresses, you will be asked to enter a billing address, which can then be saved in your customer account and used for future orders. You can change or supplement the saved or new details at any time during the order process.

2. Orders as a guest

You can of course also use the online shop without having an existing customer account. In this case, you can enter the information needed for us to process your order in the form entitled ‘Your Billing Address’ during the order process (title, first name, last name, postal address and e-mail address) and send these details directly to Marc O’Polo.

3. Information about returns

We use the contact information you provide for orders in our online shop (title, first name, surname, postal address and email address) as well as information about your orders and returns to determine if and with which payment methods we are able to offer you for future orders based on your returns rate. To calculate your returns rate, we determine the percentage of returns based on the order value you have generated by placing orders in our online shop. The decision as to whether and with which payment methods we are able to offer you for potential future orders is not exclusively automated. To calculate the returns rate, we store the respective values of your orders and returns (i.e. the order value and the total price of returned goods), any reasons specified for the returns as well as your contact information used for as long as we require this information to calculate the returns rate. We use a specialised IT service provider with headquarters in Germany to process the data specified above on our behalf. Legal grounds for this data processing are set out in Article 6, paragraph 1, sentence 1, point (f) GDPR. Our legitimate interest is the avoidance and reduction of costs resulting from processing returns.

III. Contact enquiries

You can contact us at any time using the contact form on the website or the contact details provided in Section G of this Data Protection Statement. You can, for example, ask us whether a specific item is available or ask us to tell you as soon as a specific item becomes available again. We will collect, process and use the information that you provide in the relevant contact enquiry only to process your enquiry.

IV. Electronic newsletter

The website gives you the option of subscribing to our electronic newsletter. We use the services of Experian Deutschland GmbH, Speditionstraße 1, 40221 Düsseldorf, Germany, and Emarsys eMarketing Systems AG, 80992 Munich, Germany, for this purpose. If you have given your consent, we will use your first name and last name and your e-mail address – which you have saved either in your customer account or when placing an order as a guest or when signing up for the newsletter separately – to send you the latest offers, personalised advertising from us about our products, and news from Marc O’Polo by e-mail. The newsletter provides information about new outfits and current product trends, tells you about our special events, promotions and competitions, and recommends products in line your interests, for example. When you have registered successfully for the newsletter, you will automatically receive an e-mail asking you to confirm your e-mail address. Once you have confirmed your e-mail address by clicking the link in the confirmation e-mail, you will receive your chosen ladies’ or men’s newsletter on a regular basis and we will save your e-mail address for the purpose of sending the newsletter. The legal basis for this is Article 6(1)1 point (a) of the GDPR. You can withdraw your newsletter consent and stop receiving the newsletter in future by using the contact details in Section G of this Data Protection Statement at any time. You can also unsubscribe from the newsletter at any time by clicking the unsubscribe link in the newsletter.

When you use our website, we analyse your behaviour as a user as described in X. and XI. As part of this, we record your activity on our website – for example which products and information you look at on our website – and we use this to conclude what your personal interests are. If you are also a customer of our online shop, we will link this data with your purchase history and your shopping basket activity. We use the data gained in this way to create a user profile so that we can tailor the newsletter and the product recommendations in the newsletter to your individual interests. We use looping blocks for our newsletter. We may use your purchase history [and your usage profile] to recommend products to you from categories that we think may particularly appeal to you. The legal basis for this processing of your data is Article 6(1)1 point (f) of the GDPR.

V. Product recommendations

If you purchase products from us as a customer of our online shop, we will send you recommendations for products from us that are similar to those that you have already purchased from us, have added to your shopping basket or that you have looked at on our website (referred to jointly as product recommendations) by e-mail. To formulate these product recommendations, we take into account the purchases you have made in the past and your shopping basket activity so that we can, in particular, provide you with product information that is similar to your past purchases and that we therefore think will be particularly interesting for you. We also take into account your behaviour as a user on our website, which we analyse as described in X. and XI. For instance, we record your activity on our website – for example which products and information you look at on our website – and we use this to conclude what your personal interests are. We link this data with your purchase history and shopping basket activity and create a user profile in order to tailor the product recommendations to your individual interests. If you do not wish to receive product recommendations, you can opt out of these at any time without incurring any costs other than the basic-rate costs for communication. You can opt out by using the contact details provided in Section G of this Data Protection Statement. You can also opt out of product recommendations by clicking the link in the relevant e-mail. We will inform you of this in our product recommendation e-mails. The legal basis for the processing of your data is Article 6(1)1 point (f) of the GDPR.

VI. Credit checks for purchases on account

If we provide a product or service in advance of payment (for example for purchases on account), we reserve the right to obtain credit information based on a mathematical-statistical analysis provided by infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, in order to protect our legitimate interests where necessary. In this case, the personal data (first name, last name, postal address, e-mail address) that you entered during the order process and your customer number will be sent to infoscore Consumer Data GmbH, who will provide us with the relevant credit information in relation to you. The credit information may include details of specific credit irregularities, such as information from registers of debtors or from court collection proceedings. It may also provide score values, which are calculated on the basis of a scientifically recognised mathematical-statistical process and are used to assess credit risk.

The legal basis for this transfer of information is Article 6(1) point (b) and Article 6(1) point (f) of the GDPR. Transfers based on these provisions may be only performed to protect the legitimate interests of our company or a third party where such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Detailed information on infoscore Consumer Data GmbH within the meaning of Article 14 of the European General Data Protection Regulation (EU GDPR), i.e. information on the business purpose, the purposes of data storage, the data recipients, the right to access information, the right to erasure or rectification, etc. can be found in the appendix or using the following link: https://finance.arvato.com

You can also access the information in relation to your credit rating at any time by contacting infoscore Consumer Data GmbH, Abteilung Datenschutz, Rheinstraße 99, 76532 Baden-Baden, Germany. www.arvato.com/finance

VII. Use of logistics providers and other service providers

We employ the company Arvato Distribution GmbH to perform various tasks for us, such as parcel delivery, sending letters or e-mails, maintenance of our customer lists, analysis of our databases, advertising activities, payment processing (credit cards, direct debits and purchases on account) and provision of customer service. This service provider has access to personal customer information, which is restricted to the data that it needs to complete its tasks. Arvato Distribution GmbH is contractually obliged not to use this data for other purposes. Arvato Distribution GmbH is also obliged to process your personal data only on our behalf and in accordance with our instructions and to handle the information in accordance with this Data Protection Statement and the relevant data protection laws.

We employ the company parcelLab GmbH to send transactional e-mails. These transactional e-mails are not sent to you until after shipping. This service provider only has access to the personal customer information that it needs to complete its tasks. The service provider is contractually obliged to use the data only for this purpose. It is also obliged to process your personal data only on our behalf and in accordance with our instructions and to handle the information in accordance with this Data Protection Statement and the relevant data protection laws.

VIII. Data security

We use the latest technology to protect your personal data: "Secure Socket Layer" (SSL) transfer uses 128-bit encryption. Information relating to orders, names, addresses, credit cards or bank accounts, etc. that is encrypted by SSL cannot be read by third parties. We also prevent access by unauthorised third parties to personal data by saving the data on a computer that is not connected to the Internet. For your part, it is important that you protect your password and your computer from unauthorised access, in particular if you share your computer with others. As an additional security measure, data is transferred using the HTTPS protocol.

IX. Customer reviews

Our website gives you the option to evaluate our products. You can submit an overall assessment for a certain product and give a star rating for the quality, fit and how well it washes. To do this, you need to provide your e-mail address and a user name of your choice. Once you have entered all the information required for the product review and clicked the submit button, your review will be sent to us by the service provider we have commissioned to manage the review portal, who will act on our behalf and in accordance with our instructions to check whether that particular product review can be published on our website. If this check is successful, your review will be published on our website with the user name you have provided. We will inform you by e-mail about the publication of your review.

X. Cookies

1. What are cookies?

When you visit the website, Marc O’Polo uses what are known as cookies. Cookies are small text files that are stored in your browser’s cache so that your browser can be recognised. We use cookies to improve the experience when you visit our website.

2. How we use cookies

Our website uses session cookies and persistent cookies. Session cookies automatically expire when you leave the website. Persistent cookies stay on your device for a longer time and enable us, for example, to save the contents of your shopping basket and to use the tools described below for web analysis and to target individual groups.
You can of course also use our website without cookies. You can restrict or deactivate the use of cookies in your browser settings at any time. However, this may limit the functions of our web pages and make them less user-friendly.

Cookie Name Description Laufzeit Kategorie
Cookie Switch: Recent Source Medium mop-cs-rsm Contains the last Source and Medium of the Visitor. Updated on all pageviews if Source and Medium changed. 30 days analytical
Cookie Switch : Last Contact mop-cs-lc Contains the last Source and Medium of the Visitor. Updated on all pageviews if Source and Medium changed. Additional rules may apply. 30 days functional
Cookie Switch: Contact Medium History mop-cs-cmh Historical list of all Medium Values of the Visitors Touchpoints. 30 days analytical
Cookie Switch: Last Contact Freeze mop-cs-lcf Set on entering the Checkout. Contains the last Source and Medium of the Visitor and will not change during the cookie lifetime. 30 minutes functional

3. Use of third-party cookies

We use cookies from third-party providers. Third-party cookies are code from external partners, such as Facebook, that we use on our site for marketing and retargeting purposes.

We work with the following partners:

Name of the third-party provider Purpose Cookie lifetime
Google Analytics Webanalytics/ Tracking 2 years
Google Tag Manager Pixel container Run time of the session*
Google Double Click Advertising/ Tracking 1 year
Adwords Conversion Advertising/ Tracking 30 days
Adwords Remarketing Advertising/ Remarketing Up to 540 days
Dynamic Yield Tracking/ Testing 1 year
Affilinet Advertising 30 days
Daisycon Advertising 30 days
neXeps Advertising/ Remarketing/ Pretargeting 1 year
Bing Ads Advertising/ Tracking Run time of the session*
Facebook Advertising/ Tracking/ Remarketing 28 days
Criteo Advertising/ Tracking/ Remarketing 30 days
Tracdelight Advertising 30 days
Tectumedia Advertising 30 days

*Starts when the browser is opened and ends when the browser is closed.

4. How can I stop cookies from being saved on my device?

You can configure the settings in your browser so that cookies will only be saved when you agree to this. If you want to only accept Marc O’Polo cookies and not the cookies from our service providers and partners, you can use the ‘Block cookies from third parties’ setting in your browser:

Google Chrome:

1. At the top right in the Chrome menu bar, click ‘Customize and control Google Chrome’ (icon: three dots).

2. Then select ‘Settings’.

3. Scroll down and click ‘Advanced’.

4. In ‘Privacy and security’, click ‘Content settings’.

5. In the ‘Cookies’ section, you can configure the following settings:

  • Clear cookies
  • Block third-party cookies
  • Clear cookies on exit from the browser

Internet Explorer:

1. In the menu bar, click ‘Tools’ and then select ‘Internet options’ (icon: gear).

2. Then click ‘Privacy’.

3. You can configure all the settings you want in relation to cookies here.

4. Select ‘OK’ to confirm the settings you have selected.

Firefox:

1. At the top right of the menu bar, select ‘Menu’ (icon: three lines).

2. Click ‘Options’ and then click on ‘Privacy’ on the left in the menu bar.

3. You can configure the settings you want in ‘Tracking’.


XI. Web analysis and targeting tools

1. Google Services

Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). Google Analytics uses cookies that enable your use of the website to be analysed. The information on your use of this website generated by the cookies is transmitted to and stored on a Google server. IP anonymisation has been activated on this website, which means that users’ IP addresses will first be abridged by Google within either a Member State of the European Union or any other signatory state to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA before being abridged there. Google will use this information on our behalf in order to analyse use of the website by its users, to compile reports on website activity and to furnish other services associated with the use of the website and the Internet for the website operator. The IP address transmitted from your browser during the Google Analytics process will not be combined with other data from Google. You can prevent cookies being stored on your computer by selecting the corresponding setting in your browser software. However, please note that if you do so, you may not be able to make full use of all the functions of this website. Users can also prevent Google from collecting and processing the data generated by the cookies concerning their use of the website (including their IP address), by downloading and installing the browser plug-in available from the following link. The current link (last updated May 2018) is: http://tools.google.com

This website uses Google Analytics reports on demographic characteristics, which use data from interest-based advertising from Google and visitor data from third-party providers (e.g. age, gender and interests). This data cannot be traced back to individual persons and can be deactivated at any time via the display settings.

Google Tag Manager

This website uses Google Tag Manager. Google Tag Manager is a service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). The Tag Manager tool itself (which implements tags) is a cookie-free domain and does no collect any personal data. The tool triggers other tags that may collect data. Google Tag Manager does not access this data. If deactivation has been selected at the domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager.

Double Click

DoubleClick by Google is a service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). DoubleClick by Google uses cookies to show you relevant advertising. Your browser is assigned an anonymous identification number (ID) in order to check which adverts were shown in your browser and which adverts were opened. The cookies do not contain any personal information. The use of DoubleClick cookies merely enables Google and its partner websites to provide advertising based on previous visits to our or other websites on the Internet. The information generated by the cookies is sent by Google to a server in the USA for analysis and stored there. Google observes the privacy provisions of the EU-US Privacy Shield framework and is registered with the Privacy Shield programme. Google will never combine your data with other data recorded by Google. Further information on the Google privacy guidelines is available via the following link (last updated May 2018): www.privacy.google.uk

Google Optimize

Our website also uses Google Optimize. Google Optimize is a service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’). Google Optimize analyses the use of different variants of our website and helps us to improve user-friendliness in line with our users’ behaviour on the website. The collected data is anonymous. Google Optimize is a tool integrated in Google Analytics. You can also prevent Google from collecting and processing the data generated by the cookies concerning your use of the website – in particular your IP address – by downloading and installing the browser plug-in available from the following link: www.tools.google.com

2. Dynamic Yield

Our website uses Dynamic Yield, a recommendation tool from Dynamic Yield Ltd. (Highlands House, Basingstoke Road, Spencers Wood, Reading, Berkshire, RG7 1NT, UK). The Dynamic Yield recommendation tool is used to optimise our website in order to make your visit to the site a personal experience through tailored recommendations and content. We use the page content you have accessed to recommend comparable or related products or other content that may be relevant for you.
Dynamic Yield collects pseudonymised information about your activities as a user on our site for this purpose. Cookies are used during this process and save only pseudonymised information under a randomly generated ID (pseudonym). Your IP address is always saved anonymously. It is therefore not possible to make a direct link to an individual.
You can prevent Dynamic Yield from collecting information by clicking the following link. This will place an opt-out cookie on your device, which will prevent data regarding your visit to this website from being collected in future: Dynamic Yield opt-out. Further information about the tracking technology used is also available here: Dynamic Yield Privacy Policy: www.dynamicyield.com

3. Retargeting

We use technologies from various retargeting providers on our website which enable us to appeal to internet users who have visited our website with targeted product recommendations in the form of advertising banners on websites in the relevant partner networks. This advertising material is displayed on the websites of third-party providers on the basis of cookies and analysis of your previous behaviour as a user. This analysis is performed under a pseudonym; usage profiles are not combined with your real name. The links below provide further information and the option of opting out to prevent the relevant retargeting providers from collecting your data:

Criteo: http://www.criteo.com
Google: https://privacy.google.uk
Facebook: https://www.facebook.com
NeXeps: www.nexeps.com

As we cooperate with various retargeting providers, we use a ‘cookie switch’ tracking mechanism on our website for billing purposes. This enables us to analyse the success of the providers’ advertising and track which specific provider is responsible for the relevant conversion on our website. To do this, we place a cookie on your browser that saves the following information in anonymous form for billing purposes only: visual contact and click on our advertising material, quantity, price and number of purchased products, accessed page type (home page, individual product view, shopping basket page, order confirmation page), country, new or existing customer, order value and payment type. This information is not shared with the relevant retargeting provider.

4. Pretargeting

In addition to retargeting, we also use pretargeting technologies that enable us to appeal to new users with appropriate product recommendations in the form of advertising banners. This advertising material is displayed on the websites of third-party providers on the basis of cookies and analysis of the existing behaviour of users on the site. We try to appeal to users that exhibit similar behaviour or similar characteristics, such as a liking for fashion or cooking, using known user profiles. This selection is performed under a pseudonym; usage profiles are not linked to your real name. The links below provide further information and the option of opting out to prevent the relevant pretargeting providers from collecting your data:

Google: https://privacy.google.uk
Facebook: www.facebook.com
NeXeps: www.nexeps.com

Legal basis for processing

Legitimate interest

This is governed in Article 6(1) point (f) of the GDPR. This states that we may process your data if this ‘is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by [your] interests or fundamental rights and freedoms which require protection of personal data’.

Consent

This is governed in Article 6(1) point (a) of the GDPR. We require your consent to process your personal data in the case of certain activities.

In accordance with Article 4 No. 11 of the GDPR, consent (via opt-in) is ‘any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her’.

This means that

  • your consent is voluntary.
  • You know what you are consenting to. We therefore assume that you possess sufficient information.
  • You are actively consenting.

Your personal data must be provided for contracts to be concluded. If you decide not to provide us with your personal data, we cannot process your order.

Your rights

In accordance with the rules of the GDPR, you can assert the following rights in relation to us:

  • Right of access
  • Right to rectification
  • Right to restriction of processing
  • Right to erasure (‘right to be forgotten’)
  • Right to data portability
  • Right to object

If the processing of your personal data relies on your consent, you have the right to withdraw your consent for future processing at any time. The lawfulness of the processing that was performed on the basis of this consent prior to its withdrawal remains unaffected.

You can contact us at any time to assert one of your rights as listed above:

E-Mail: customerservice@marc-o-polo.com
Telephone: 00 800 10221022 (freephone service number),
Mon – Fri, 8 a.m. to 8 p.m.
or fax: +49 (0) 231 96677889

Postal address:
Marc O’ Polo Online Shop
Kundenservice
Postfach 410104
44271 Dortmund
Germany

You also have the right to contact the data protection authority. The responsible supervisory body is the Bavarian Data Protection Authority.

Duration of storage

We store your personal data only for as long as it is required for the aforementioned purposes.

Your data is stored immediately after registration and is kept until you no longer wish it to be stored and inform us of this.

If you request our newsletter, your data is not stored until after registration and confirmation of the double opt-in e-mail. If you no longer wish your data to be stored, please inform us of this.
If you do not confirm the double opt-in e-mail, your data will not be stored and will only be held temporarily. If there is no opt-in confirmation within 30 days, we will delete your data.

Security measures

If we share data with our service providers in the context of the services described here, these service providers are also bound to the mandatory legal rules by contractual agreements with us on the subject of data protection.

We employ security measures that we continually optimise in line with technical and legal developments in order to provide your data with the best possible protection against accidental or deliberate manipulation, loss, destruction or access by unauthorised third parties.

Contacting us

If you have any questions or comments regarding these privacy and cookie guidelines, please contact us with the contact details provided in this statement.

The rapid progress of the Internet means that our data protection provisions may need to be modified from time to time. We will inform you of the changes in such cases.

E-Mail: customerservice@marc-o-polo.com
Telephone: 00 800 10221022 (freephone service number),
Mon – Fri, 8 a.m. to 8 p.m.
or fax: +49 (0) 231 96677889

Postal address:
Marc O’ Polo Online Shop
Kundenservice
Postfach 410104
44271 Dortmund
Germany

Date: 05/2018