Terms of Use

Updated: September 25th, 2020

TERMS OF USE (CANADA)

PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“THE SITE” OR “THIS SITE”). THIS SITE IS PROVIDED TO THE USER (“YOU”) BY ZWILLING J.A. HENCKELS LLC OR ONE OR MORE OF ITS GLOBAL AFFILIATES OR THE BUSINESS IDENTIFIED UNDER THE COPYRIGHT NOTICE ON THE BOTTOM OF THE HOME PAGE OF THIS SITE (“COMPANY”, “US” OR “WE”). The terms “Company”, “we”, “us”, “our” and “ours” when used in these Terms of Use mean ZWILLING J.A. Henckels LLC, and its parents, subsidiaries, divisions, branches, or affiliates.

Acceptance of Terms of Use. By using this Site, or accessing any information on this Site, you agree to these Terms of Use (the “Terms of Use”). If you do not agree to the following Terms of Use, do not use the Site or download any materials from the Site. This Site is a business and commercial site, and as such, it is not intended for children or minors. These Terms of Use constitute the entire and only agreement between us and you regarding your use of this Site and form a legally binding agreement. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of these Terms of Use, are specifically disclaimed and superseded by these Terms of Use. These Terms of Use may be amended at any time by us without notice to you. These Terms of Use will be updated periodically and you should review these Terms of Use prior to using this Site, and again from time to time when you return to this Site. All updates and changes to these Terms of Use will be effective immediately. Your continued use of this Site means that you accept and agree to such changes. If you cannot access these Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request or via other means that will permit you to review these Terms of Use. ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS..

Copyright and Ownership. The content, functionality, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site.

Trademarks. All Company names, logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, or trade names displayed, cited or otherwise indicated on this Site are trademarks or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third party marks is strictly prohibited. The copying, redistribution, use or publication by you of any of our marks is strictly prohibited.

User Contributions. 

We reserve the right, and you authorize us, to use all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) or incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Site to access, view, store or reproduce the material for that user’s personal use. You grant us the right to edit, copy, display, publish and distribute any materials made available on the Site by you.

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We have the right to (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or (v) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The following content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Limited Right to Use the Site.

You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization. Any such authorization granted does not include any transfer of title. If we provide social media features with certain content, you take such actions as are enabled by such features.

Your activities on the Site shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, spiders, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Site; (v) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (vi) use any process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (vii) use any device, software or routine that interferes with the proper working of the Site; (viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (ix) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (x) otherwise attempt to interfere with the proper working of the Site; (xi) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (xii) seek to obtain sensitive or personally identifiable information from other users of the Site; or (xiii) modify or alter any part of this Site, including, without limitation by (A) providing a link directly or indirectly to any other site from this Site, or (B) modifying or altering any material on this Site. In addition, posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Without limitation, your use of the Site shall not be for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. Additionally, you shall not (a) use this Site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (b) use this Site to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (c) use this Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Without our express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site.

We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.

Accessing the Website and Account Security. 

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information, which may be as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account, if any, is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Linking to the Site. Except as provided in this Section, all links from your website to the Site must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your website to the Site which: (a) have the limited purpose of promoting our goods and services; (b) only link to the homepage of the Site and not to “deeper” pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place the Site in a frame within your website when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion. Persons or entities providing access to this Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning us or our affiliates. Any approval or consent given by us as described above is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Any person or entity providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so shall not result in liability to us.

Editing, Deleting and Modification. We have the right, in our sole discretion, but not any obligation, to refuse, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion.

Indemnity and Other Obligations. You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms of Use or your access or use of the Site or any of the information, materials, products, or services available through this Site.

No Warranty and Disclaimer of Liability.All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Site is for information purposes only.

THE INFORMATION AND MATERIALS PROVIDED FROM, AT OR THROUGH THIS SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND NONE OF US, OUR AFFILIATES AND OUR SERVICE PROVIDERS AND AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (1) THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) WARRANTIES AND CONDITIONS RELATING TO TITLE AND NON-INFRINGEMENT, (3) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, IN THE OPERATION OF THIS SITE OR ANY PART OF IT, (4) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION, (5) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE, AND (6) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED, AND ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE DISCLAIMED. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. NONE OF US, OUR AFFILIATES, AND OUR SERVICE PROVIDERS AND AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED AT THIS SITE. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

NONE OF US, OUR AFFILIATES, OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE INCLUDING THAT: (1) RESULTS FROM YOUR USE OF OR INABILITY TO USE OR THE LACK OF AVAILABILITY OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (2) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US, OUR AFFILIATES, AND SERVICE PROVIDERS AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED $100 U.S. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.

YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.

Limitations on Information. Reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise).

Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it. Neither we nor our affiliates shall be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy.

Links to Third Party Websites. The Site may contain links or advertisements to other websites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy opinions expressed, privacy policies, products or services provided through such websites, or made available through these resources or appearing in such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these sites. Inclusion of any linked website on the Site does not imply approval, acceptance, or endorsement of the linked website or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties or conditions of any kind, expressed, implied, or otherwise about any websites which you may access through the Site, the content thereof, or the products or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Copyrights and Copyright Agents. In operating the Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) Description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Information and Press Releases. The Site contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitation. Neither you nor the Company will be able to sue in court in connection with a dispute involving the Site (a “Site Dispute”). To the maximum extent permitted by law, all Site Disputes must be resolved through individual (non-class) arbitration. You and the Company intend for this to be an agreement for arbitration that can be enforced under the Arbitration Act, Ontario. You and the Company waive any rights to maintain other available resolution processes for Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and we waive any right to a jury trial for Site Disputes. Instead of suing in court, we each agree to settle Site Disputes only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would. Any Site Dispute shall be determined by arbitration in Toronto, Ontario before one arbitrator. The arbitration shall be administered pursuant to the Arbitration Act. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason the parties cannot agree on the arbitral tribunal, process or arbitrator, either party may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms of Use is taking place or originating. To the extent a party commences any action with includes both Site Disputes and non-Site Disputes, consideration of the non-Site Disputes shall be stayed until the Site Disputes are fully arbitrated. Then, any non-Site Disputes will be considered by any court of competent jurisdiction. You agree that you will not file a class action against us and its affiliated companies, or participate in a class action against us and its affiliated companies, in any Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against us and its affiliated companies, in any Site Dispute. Any cause of action by you with respect to the Site (or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these Terms of Use. This paragraph will not be applicable to residents of the Province of Quebec.

These Terms of Use and the agreement created by your acceptance of them through your use of the Site shall be treated as though executed and performed in Ontario, and shall be governed by and construed in accordance with the laws of Province of Ontario, without regard to conflict of law principles. Access to, or use of, this Site or information, materials, products or services on this Site may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to this Site outside of the jurisdiction of the business set forth under the copyright notice at the bottom of the home page of this Site and you are responsible for compliance with all applicable laws of the country from which you are accessing this Site. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of these Terms of Use be held invalid or unenforceable, the remaining portions of these Terms of Use shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use or your use of the Site and neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound.

Contacting Us. If you have any questions regarding these Terms of Use or any other matter, please click on the Contact Us link on this Site. We hope that you enjoy your visit to this Site and find it informative. Thank you.

 

 

 

 

 

 

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Privacy Notice

PRIVACY POLICY

INTRODUCTION

This Privacy Policy informs you about the type, scope and purpose of the processing of personal information of individuals (hereinafter referred to as “personal information”) in the context of the provision of our range of services and on our websites, mobile applications, functions and contents connected with them as well as external online representations, e.g. Social Media Profiles (hereinafter collectively referred to as “Services”):

  • In the second section you will find general information about the use, disclosure, processing and retention of your personal information.
  • The third section contains information on the individual processing operations. This section is divided into further areas, such as our key services, reach measurement or marketing.
  • The fourth and final section contains a glossary with explanations and descriptions of the terms used in this Privacy Policy. This means that if you do not know the terms used (e.g. “personal information” or “cookie”), please refer to the last section. All terms used (e.g. “user”) are to be understood as gender-neutral.

TABLE OF CONTENTS

Section I – Controller and Overview of Data Processing

Controller

Contact Data Protection Officer

Type of processed personal information

Categories of individuals and users

Purpose of Processing

Section II – Our obligations to you

Disclosure and Access

Cookies and Right to Object in Direct Marketing

Erasure of personal information and archiving obligations

Changes and Updates to this Privacy Policy

Security of Data Processing

Disclosure and Transmission of Data

Section III - Processing operations

The Key Area of Data Processing

Processing of Orders in the Online Shop

Customer Account

Credit Assessment

Answering Inquiries and Customer Service

Business and market research

External online profiles

Online Presences in Social Media

Webserver and Security

Server Logs

Our own Global Single Sign-On procedure

Embedded content and functions

Google Services and Content

Facebook Features and Content

Instagram Features and Content

Pinterest Features and content

Marketing

Newsletter Mailing and Performance Measurement

Communication via Mail, E-Mail, Fax or Telephone

Sweepstakes and Competitions

Loyalty and Bonus Program

Web Analytics, online marketing and technology partners

Google Tag Manager

Google Analytics

Google AdWords

Google Display Network

Facebook Pixel and Facebook Customer Audience Pixel

Channel Advisor

Aabaco

Yotpo

Braintree

Amazon Web Services (AWS)

Vimeo

Section IV  Definitions

 

Section I – Controller and Overview of Data Processing

Controller

ZWILLING J.A. HENCKELS Canada Ltd.
435 Cochrane Drive, Markham, Ontario, L3R 9R5
Tel: 1-905-475-2555
customerservice@zwilling.ca

Contact Data Protection Officer:

email: customerservice@zwilling.ca

Type of processed personal information:

  • Individual names, addresses.
  • Contact details (e.g., e-mail, phone numbers).
  • Content data (e.g., text input, photographs, videos).
  • Contract data (e.g., subject matter of the contract, duration).
  • Payment data (e.g., bank details, payment history).
  • Usage data (e.g., interests, websites visited, purchasing behaviour, access times, log Data).
  • Metadata-based personal information (e.g., device IDs, IP addresses).
  • Job candidate data (e.g., names, contact details, qualifications, job application documents).

Categories of individuals and users

  • Customers / prospective customers / business partners.
  • Visitors and users of the online service.

Collectively, such individuals are referred to in this Privacy Policy as “users”.

Purpose of Processing

  • Provision of our services, its contents and functions.
  • Provision of contractual services, customer care and support.
  • Response to contact requests and communication with users.
  • Marketing, advertising, analysis of consumer behaviour, usage behaviour and market research.
  • Security measures.

Section II – Our obligations to you

Disclosure and Access

You may request from us confirmation as to whether personal information concerning you is being processed, and, where that is the case, access to your personal information, the right to correct any personal information, and to be provided a copy of the personal information in accordance with applicable law.

In accordance with applicable law, you have the right to request that relevant personal information be erased without undue delay or, alternatively, to withdraw certain consents relating to your personal information.

You may also contact applicable Canadian or provincial privacy commissioners’ offices with any complaints regarding the collection, use, disclosure and retention of your personal information by us.

Cookies and Right to Object in Direct Marketing

We use Temporary Cookies and Permanent Cookies, i.e. small files that are stored on the user’s devices (for the explanation of the term and function, see the last section of this Privacy Policy). In part, cookies serve security purposes or are required for the operation of our online services (e.g., for the appearance of the website) or to save the user’s decision when confirming a cookie banner. In addition, we or our technology partners use cookies to measure the reach and for marketing purposes, about which the users will be informed in the scope of the Privacy Policy.

If users do not want cookies to be stored on their computer, they are advised to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online services.

http://www.youronlinechoices.com/.

Erasure of personal information and archiving obligations

Unless expressly stated in this Privacy Policy, the personal information stored by us will be erased as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it. If the personal information is not erased because its is necessary for other and legally permissible purposes, their processing is restricted. This means that the personal information is excluded and not processed for other purposes. This applies, for example, to personal information that must be retained for commercial or taxation reasons.

Changes and Updates to this Privacy Policy

We ask you to keep yourself regularly informed about the contents of our Privacy Policy. We will adapt the Privacy Policy as soon as any changes in personal information processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Security of Data Processing

We shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account industry practices, the costs of implementation and the nature, scope, context and purposes of processing. Such measures include in particular ensuring the confidentiality, integrity and availability of personal information by controlling physical access to the personal information, as well as the access, input, transfer, integrity and pseudonymity. Furthermore, we consider the protection of personal information during the development or selection of hardware, software and procedures.

Security measures include in particular the encrypted transmission of personal information between your browser and our server.

Employees are bound to confidentiality with regard to personal information protection, are instructed, monitored, and informed of possible liability consequences.

Disclosure and Transmission of Data

If we disclose personal information to other persons and companies (processors or third parties) within the scope of our processing, transfer the personal information to them or otherwise grant them access to the personal information, this will only be carried out under the terms of a binding contract, to provide services to us.

We may disclose, transfer or otherwise grant access to personal information to other companies in our Group of Companies (Undertakings), for administrative [and marketing] purposes, and for other purposes disclosed to you prior to such disclosure.

Our service providers and companies in our Group of Companies may be located in countries outside of Canada, and your personal information will be subject to the applicable laws of such other countries, and may be subject to disclosure without notice to you under the laws of those other countries.

As discussed in greater detail further in this Privacy Policy, we work with trusted third parties to manage our advertising on other websites. These third parties use Cookies and Web beacons to recognize your computer each time participating websites display one of our ads, which helps us select and display targeted ads that may be of interest to you. On some pages of our site, we may allow third party advertising partners to set web tracking tools to collect anonymous, non-personally identifiable information regarding your activities on those pages, such as your IP address, pages visited, time of day, and similar information. We may also share such information we have collected with third party advertising partners, who may use this information (and similar information collected from other websites) for the purposes of delivering future targeted advertisements to you when you visit other (non-Zwilling) sites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioural advertising”. You may opt out of such advertising at: youradchoices.ca and/or by visiting the DoubleClick opt-out page at: adssettings.google.com.

Section III - Processing operations

The following section provides an overview of our processing activities, which we have subdivided into other areas of operation. Please note that the areas of operation are for guidance only and that processing activities may overlap (e.g. the same personal information may be processed in several operations).

For reasons of clarity and comprehensibility, you will find the frequently repeated terms in Section IV of this Privacy Policy.

Processing of Orders in the Online Shop

We process the personal information of our customers in the context of the online services in our online shop to enable the customers to select and order the selected products and services, as well as their payment and delivery, or performance.

  • Data processed: name, address, email, and other contact information, contract and sales details, payment information, password (will be stored encrypted).
  • Individuals: customers, prospective customers, business partners.
  • Purpose of processing: Provision of contractual services in the context of operating our website, the online shop, invoicing, delivery, customer service.
  • Type, scope and mode of operation of the processing: Session cookies for shopping cart and login status. We use PayPal and potentially other providers from time to time for payment processing.
  • Necessity / interest in processing: The personal information is required to establish and fulfil the contractual relationship.
  • https://www.paypal.com/en/webapps/mpp/ua/privacy-full?locale.x=en_EN- as well as banks and financial institutions).
  • Retention of personal information: in accordance with applicable laws.

Customer Account

A customer account requires a registration, which can take place both online, and in local stores.

We offer our own Single Sign-On method for the customer account. This means that users who register in one of the online services of the companies belonging to the Zwilling Group* can also use the access personal information for other online services of companies belonging to the Zwilling Group.

  • Data processed: name, address, email, and other contact information, contract and sales details, payment information, password (will be stored encrypted), product information/product preference, usage information, referrer personal information.
  • Data subjects: customers, interested parties.
  • Purpose of processing: Creation and operation of a customer account to manage the contractual relationship.
  • Type, scope and mode of operation of the processing: registration process, cancellation possibility.
  • Special security measures: The public account information of users is not visible to external parties such as search engines or other users and cannot be searched by them. Users are responsible for the secure custody of their access credentials.
  • Necessity / interest in processing: The customer account is optional, requested personal information for its operation required. Mandatory fields are marked as such. In addition, each user decides for himself on disclosing additional information.

Credit Assessment

If we make advance deliveries (e.g. when purchasing on account), we reserve the right to obtain identity and creditworthiness information from specialized service providers (credit agencies) for the purpose of assessing credit risk on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests. We process the information received from credit agencies on the statistical probability of non-payment within the framework of an appropriate discretionary decision on the establishment, execution and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit assessment.

  • Data processed: Name, postal address, date of birth, details of the type of contract, bank details.
  • Data subjects: customers, interested parties.
  • Purpose of processing: Assessment of the probability of default of receivables.
  • Type, scope and mode of operation of the processing: We process the information received from credit agencies on the statistical probability of non-payment within the framework of an appropriate discretionary decision on the establishment, execution and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit assessment.
  • Necessity / interest in processing: Business interests.
  • https://www.schufa.de/de/ueber-uns/daten-scoring/.

Answering Inquiries and Customer Service

  • We process the information in the inquiries, which we receive via our contact form and other means, e.g. via e-mail, in order to answer the inquiries. For these purposes, the inquiries may be stored in our Customer Relationship Management (CRM) system or in similar procedures that serve us to manage inquiries. For customer relationship management purposes (CRM) we use so-called CRM software. With the help of the software we can answer the inquiries more effectively and faster.
  • Data processed: Name and contact information, contract information, payment information, usage information, metadata.
  • Data subjects: customers, prospective customers, business partners, website visitors.
  • Purpose of processing: Answering inquiries.
  • Type, scope and mode of operation of the processing: registration process, termination option.
  • Necessity / interest in processing: Necessary to answer queries, optimization, user-friendliness, business interests.
  • External disclosure and purpose: Operator of the CRM system, magento.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich.

https://www.magento.com/de/company/privacy/.

  • Special security measures: Data processing agreement.
  • Retention of personal information: We delete requests if they are no longer required. We review the requirement every two years; requests from customers who have a customer account are stored permanently and are linked to the customer account details for deletion.

Business and market research

In order to operate our business economically and to identify market trends, and customer and user requirements, we analyse the personal information available to us on business transactions, contracts, inquiries, etc., in order to ensure that we are able to offer our customers the best possible service. For this purpose, we combine the personal information of customers from registrations and orders with the behaviour-related personal information of customers.

In the context of the economic evaluation we bring together the personal information of the users independently of the used devices (e.g. if users use our on-line offer on a mobile or on a stationary device).

  • Data processed: Name and contact information, contract information, payment information, usage information and metadata, e.g. activity information from e-mails via our online channels, personal information on the page accessed, the page history, the device used, the approximate location and personal information for Pseudonymous identification of the user profile).
  • Data subjects: customers, prospective customers, business partners, visitors and users of the online offer.
  • Purpose of processing: business analysis, marketing, advertising, market research.
  • Type, scope and mode of operation of the processing: Profiling, Online Behavioural Advertising, first party cookies.
  • Necessity / interest in processing: Increased user-friendliness, optimization of the service, business efficiency.
  • External disclosure and purpose: Analysis and market research by magento.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich.

https://www.magento.com/de/company/privacy/.

  • Special security measures: Data processing agreement.
  • Retention of personal information: If a customer account was opened, with its termination, otherwise after two years from conclusion of contract. For the rest, macroeconomic analyses and general trend determinations are carried out anonymously wherever possible.
  • Retention of personal information: Two

External online profiles

In this area you will find information about our personal information processing in the context of operating external online activities, e.g. in social media.

Online Presences in Social Media

We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the privacy policy of their respective providers apply. Unless otherwise stated in our privacy policy, we will process the personal information of users who communicate with us within social networks and platforms, e.g. publish contributions on our online profiles or send us messages.

The links/buttons to social networks and platforms (hereinafter referred to as “social media”) used within our online services do not establish a personal information transmission between social networks and users until users click on the links/buttons and access the respective networks or their websites. This function corresponds to the function of a regular online link.

  • Social networks/platforms used by us: Facebook, Instagram, LinkedIn, Pinterest, Twitter, Xing, YouTube.
  • Data processed: Name and contact information, content provided, usage information, metadata.
  • Data subjects: Users of social media networks/ platforms (this can include customers and prospective customers).
  • Purpose of processing: Information and communication.
  • Type, scope and mode of operation of the processing: By providers of the respective platforms as a general rule: Permanent Cookies, Tracking, targeting, Remarketing, Online Behavioural Advertising.
  • Necessity / interest in processing: Expectations of users active on the platforms, business interests.
  • External disclosure and purpose: To the social networks/platforms.
  • Retention of personal information: The deletion policies of the respective networks/ platforms apply.

Webserver and Security

Our services are operated on web servers. In the following section we will inform you about their use and personal information processed during the operation of our servers.

Server Logs

The server on which this online service is hosted collects so-called log files each time the online service is accessed, in which user personal information is stored. The personal information is used for statistical analysis to maintain and optimize server operation and for security purposes, e.g. to detect potential unauthorized access attempts.

  • Data processed: Usage personal information and metadata (such as the name of the accessed website, file, date and time of access, amount of personal information transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited website), IP address and the requesting provider).
  • Data subjects: customers, prospective customers, visitors of the online service.
  • Purpose of processing: Optimization of server operation and security monitoring.
  • Necessity / interest in processing: Security, business interests.
  • Deletion of personal information: After 7 days from the time of the collection.

Our own Global Single Sign-On procedure

  • Data processed: Name and contact information, e-mail address, password (only processed on Facebook), user ID, user handle;
  • External disclosure and purpose: Companies within our Zwilling Group.
  • https://www.zwilling.com/de/de/pages/subsidiaries-personal information-processing.html

Embedded content and functions

In this section we inform you which contents, software or functions (briefly “contents”) of other providers we embed in the context of our website. The Embedding is done to make our online offer more interesting for our users or for legal reasons, e.g. to be able to present videos or social media contributions within our online offer at all. Embedding can also be used to improve the speed or security of online content, e.g. when software elements or fonts are obtained from other sources. The processed personal information includes in all cases the user’s usage and metadata and also the IP address necessarily transmitted to the provider for Embedding the content, the personal information subjects include the visitors to our website. The personal information subject categories include the users of our website, customers and interested parties. Further explanations can be found in the definitions of terms, in particular on the functions and security measures, at the end of this Privacy Policy. The personal information retention is determined by the personal information protection conditions of the providers of the Embedded content.

Google Services and Content

We use the following services and contents of the provider Google: YouTube - Videos; Google Maps - Maps; Google Fonts - Fonts; Google - Recaptcha.

  • Data processed: Usage personal information, metadata.
  • Type, scope and mode of operation of the processing: Permanent Cookies, third party cookies, Online Behavioural Advertising, Tracking.
  • Special security measures: Pseudonymization, opt-out.
  • https://adssettings.google.com/.
  • External disclosure and purpose: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
  • https://www.google.com/policies/privacy.
  • Retention of personal information: The personal information will be deleted in accordance with Google’s

Facebook Features and Content

Functions and contents of the Facebook service can be integrated within our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or our contributions.

  • Data processed: Usage personal information, metadata; if users are registered with the service, the above personal information can be linked to their profiles and to the personal information stored with the service (in particular name and contact information).
  • Type, scope and mode of operation of the processing: Social Plugins, Permanent Cookies, third party cookies, Online Behavioural Advertising, Tracking, Remarketing.
  • http://www.aboutads.info/choices(US).
  • External disclosure and purpose: Facebook Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA.
  • https://www.facebook.com/policy.php.
  • Retention of personal information: The personal information will be deleted in accordance with Facebook conditions.

Instagram Features and Content

Functions and contents of the Instagram service can be integrated within our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or our contributions.

  • Data processed: Usage personal information, metadata; if users are registered with the service, the above personal information can be linked to their profiles and to the personal information stored with the service (in particular name and contact information).
  • Type, scope and mode of operation of the processing: Social Plugins, Permanent Cookies, third party cookies, Online Behavioural Advertising, Tracking, Remarketing.
  • External disclosure and purpose: Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA.
  • https://www.google.com/policies/privacy. 
  • Retention of personal information: The personal information will be deleted in accordance with Instagram’s

Pinterest Features and content

Functions and contents of the Pinterest service can be integrated within our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or our contributions.

  • Data processed: Usage personal information, metadata; if users are registered with the service, the above personal information can be linked to their profiles and to the personal information stored with the service (in particular name and contact information).
  • Type, scope and mode of operation of the processing: Social Plugins, Permanent Cookies, third party cookies, online behavioural advertising, Tracking, Remarketing External disclosure and purpose: Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA.
  • https://about.pinterest.com/de/privacy-policy.
  • Retention of personal information: The personal information will be deleted in accordance with Pinterest’s policies.

Marketing

In this section you will find information on personal information processing carried out by us for the purpose of optimising our marketing and market research activities.

Newsletter Mailing and Performance Measurement

We will only send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “newsletters”) with the consent of the recipients or a legal right. Subscribers’ personal information is logged as we are required to provide documentation of registrations. We also keep track of whether newsletters have been opened and whether links have been clicked. This information is stored on a per-user basis for technical reasons, but is not used to monitor individual users, but rather, for example, to adapt content and services to users. Information that we should collect in addition to the e-mail address (e.g. name) is used to personally address the users or to adapt the contents of the newsletter to the users.

  • Contents of the newsletter: As indicated in the registration form, otherwise information about our services and our company.
  • Data processed: Inventory personal information (e-mail address), usage information (registration time, confirmation time double opt-in, IP address, opening of e-mail, time and place, time and click on a link in the newsletter).
  • Data subjects: E-mail and SMS recipients
  • Purpose of processing: newsletter dispatch, optimization, proof of consent.
  • Type, scope and mode of operation of the processing: Web beacon.
  • Necessity / interest in processing: Only the e-mail information is required for sending, the other information is voluntary and serves to personalize and optimize the content based on the interests of the user; the obligation to provide evidence of consent is the reason for logging; performance measurement is based on legitimate interests in the optimization of the content for users and based on business interests.
  • Opt-Out: A unsubscribe link is included in every newsletter.
  • Special security measures: Data processing agreement with service providers.
  • Retention of personal information: We may store the e-mail addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously-provided consent. An individual request for erasure is possible at any time, provided that at the same time the former existence of a consent is confirmed.

Communication via Mail, E-Mail, Fax or Telephone

Sending information material, contacting us by telephone.

  • Data processed: Name and contact information, contract information.
  • Data subjects: customers, prospective customers, communication partners.
  • Purpose of processing: Commercial communication.
  • Type, scope and mode of operation of the processing: Contact is only established with the consent of the contact partners or within the scope of legal permissions.
  • Necessity / interest in processing: Information and business interests.
  • Retention of personal information: With objection/ revocation or expiration of the legal basis of eligibility.

Sweepstakes and Competitions

In the course of sweepstakes and competitions (hereafter, “sweepstakes”) we process personal information of the participants for the execution of the sweepstakes. Further information on the processing of your personal information within the scope of specific sweepstakes as well as any consent to the publication of their names or contributions to the sweepstakes will be provided to the users within the conditions of participation of the respective sweepstakes.

  • content personal information (e.g. contributions to competitions).
  • Data subjects: Participants.
  • Purpose of processing: Conducting sweepstakes, prize notification, sending prizes, possibly presentation of winners.
  • External disclosure and purpose: Shipping companies for the purpose of sending the prizes, possibly partners and sponsors of prizes.
  • Retention of personal information: As soon as the personal information is not required for the competition (e.g. for inquiries regarding prizes); when winners or contributions to the competition are published, they remain permanently online; otherwise, in accordance with data retention requirements.

Loyalty and Bonus Program

We offer our customers the possibility to in the context of various programs, e.g. for purchases, for recruiting customers, newsletter subscribers or product evaluations.

  • Data processed: Name and contact information, usage information.
  • Data subjects: customers, prospective customers, third parties.
  • Purpose of processing: Rewarding customer loyalty, attracting customers.
  • External disclosure and purpose: No, only to the extent that customers disclose the personal information of third parties in the context of the recruitment of third parties.
  • Retention of personal information: As soon as the personal information is no longer required to carry out loyalty campaigns or recruit third parties; if bonus points are awarded, they are stored in the customer history and deleted with the customer account; otherwise archiving in accordance with data retention requirements.

Web Analytics, online marketing and technology partners

In this section we inform you which services of technology partners are used for Web Analytics and online marketing purposes. The processed personal information includes in all cases the usage information and metadata. Further explanations can be found in the definitions of terms, in particular on the functions and security measures, at the end of this Privacy Policy. The retention of the personal information is determined, unless otherwise stated, in accordance with the Privacy Policies of the technology partners.

Google Tag Manager

https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics

  • We use Google Analytics for purposes of range measurement and target group building.
  • Data processed: Usage personal information, metadata.
  • Type, scope and mode of operation of the processing: Permanent Cookies, third party cookies, Tracking, online behavioural advertising, Profiling, Custom Audiences, Remarketing.
  • Special security measures: Pseudonymization, IP Masking, data processing agreement, opt-out.
  • https://adssettings.google.com/ (setting for advertisements).
  • External disclosure: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
  • Privacy Policy: https://policies.google.com/privacy.
  • Retention of personal information: 26 months.

Google AdWords

We use Google AdWords to place ads on Google’s and Google partners’ websites and measure their performance.

  • Data processed: Usage personal information, metadata.
  • Type, scope and mode of operation of the processing: Permanent Cookies, third party cookies, Tracking, Conversion measurement, online behavioural advertising, Profiling, Cross-Device-Tracking.
  • Special security measures: Pseudonymization, IP Masking, data processing agreement, opt-out.
  • Opt-Out: https://adssettings.google.com/.
  • External disclosure: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
  • https://policies.google.com/privacy.
  • Retention of personal information: The personal information may be processed by Google for up to two years before it is anonymized or deleted.

Google Display Network

Google’s Double-Click technology enables us to target visitors to our website with targeted advertising as part of marketing campaigns for our products on our advertising partners’ websites.

  • Data processed: Usage personal information, metadata.
  • Type, scope, functioning of processing: Permanent Cookies, third party cookies, Tracking, Conversion measurement, interest-based marketing, Remarketing, cross-device Tracking, Profiling.
  • Special protective measures: Pseudonymization, IP Masking, data processing agreement, opt-out.
  • Opt-Out: https://adssettings.google.com/. 
  • External disclosure: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
  • Privacy Policy: https://www.google.com/policies/privacy.
  • Deletion of personal information: The personal information may be processed by Google for up to two years before it is anonymized or deleted.

Facebook Pixel and Facebook Customer Audience Pixel

We use the Facebook Pixel to form target groups and measure the success of the ads we place on Facebook and to build target groups for ads.

  • Data processed: Usage personal information, metadata; if users are registered with Facebook, the personal information is linked to their Facebook profiles and personal information belonging to them (in particular name and contact information).
  • Type, scope and mode of operation of the processing: Permanent cookies, third party cookies, Tracking, Conversion measurement, online behavioural advertising, Profiling, Cross-Device-Tracking, Custom Audiences from website, Custom Audiences from file.
  • Special security measures: Encrypted communication between Facebook and our website.
  • http://www.aboutads.info/choices(US).
  • External disclosure: Facebook Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA
  • https://www.facebook.com/policy.php.
  • Retention of personal information: The personal information will be deleted by Facebook and will be deleted if the customer’s personal information is deleted as part of the termination.

Channel Advisor

We use the ChannelAdvisor service to manage our online ecommerce business offers based on the presumed interests of users.

  • Data processed: Usage personal information, metadata, order management.
  • Type, scope and functioning of processing: Permanent Cookies, third party cookies, fingerprints, Tracking, Remarketing, interest-based marketing, Web beacons, Profiling.
  • Special protective measures: IP Masking, opt-out.
  • https://www.channeladvisor.com/privacy-policy/
  • External disclosure: ChannelAdvisor 3025 Carrington Mill Boulevard, Suite 500. Morrisville, NC 27560 +001 866-264-8594 +001 919-228-4700 +001 866-225-3085. Kurfürstendamm 170. 10707 Berlin. 115 Broad Street, 2nd Floor. 950 17th Street. Block 1, 33 Kingsway. Paseo de la Castellana, 95. Level 1, 2 Stawell
  • Privacy Policy: https://www.channeladvisor.com/privacy-policy/
  • Deletion of personal information: The personal information will be deleted in accordance with ChannelAdvisor policies.

Aabaco

We use the Aabaco Small busines service to manage our online ecommerce business offers based on the presumed interests of users.

  • Data processed: name and contact information (e-mail address), usage information (registration time, confirmation time double opt-in, IP address, time and click on a link in the newsletter, Usage personal information, metadata; if users are registered with the service, the above personal information can be linked to their profiles and to the personal information stored with the service (in particular name and contact information),Inventory personal information, contact personal information, contract information, payment information, order management.
  • Type, scope and functioning of processing: Permanent Cookies, third party cookies, fingerprints, Tracking, Remarketing, interest-based marketing, Web beacons, Profiling.
  • Special protective measures: IP Masking, opt-out.
  • https://smallbusiness.yahoo.com/privacy-notice
  • External disclosure: 1-844-62O-9684 Aabaco Small Business Contact Email For Customer Service 1-84462O9684 Aabaco Small Business support number Aabaco Small Business tech support number Aabaco Small Business customer support number Aabaco Small Business technical support Aabaco Small Business customer service number Aabaco Small Business customer service phone number Call For Support. Sunnyvale, California 94089 United States.
  • Privacy Policy: https://smallbusiness.yahoo.com/privacy-policy.
  • Deletion of personal information: The personal information will be deleted in accordance with Aabaco

Yotpo

Services for customer reviews, visual marketing, customer loyalty programs, and referrals.

  • Service provider: Yotpo, Inc., 33 W. 19th Street, New York, New York 10011, USA;
  • Website: https://www.yotpo.com; Privacy Policy: https://www.yotpo.com/privacy-policy/;.

Braintree

Braintree Payment Services is used to process online payments. Braintree is a payments platform that many of the largest online merchants use to accept payments in mobile apps and websites.

  • You may review Braintree’s privacy and security policy here https://www.braintreepayments.com/legal/braintree-privacy-policy

Amazon Web Services (AWS)

Web hosting and infrastructural services;

  • Service provider: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, USA;
  • Website: https://aws.amazon.com/; Privacy Policy: https://aws.amazon.com/en/privacy/;

Vimeo

Video platform; Service provider: Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA; Website: https://vimeo.com; Privacy Policy: https://vimeo.com/privacy; Opt-Out:

  • Vimeo may use Google Analytics and refer to the privacy policy (https://policies.google.com/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=en) or the settings of Google for personal information use for marketing purposes (https://adssettings.google.com/)

Section IV - Definitions

This section provides an overview of the terms used in this Privacy Policy. The following explanations, on the other hand, are intended primarily for understanding. The terms are sorted alphabetically.

A/B Tests - A/B Tests are designed to improve the usability and performance of online services. For example, users are shown different versions of a website or its elements, such as input forms, on which the placement of the content or labels of the navigation elements can differ. Subsequently, it is possible to determine which of these websites or elements are more suited to the needs of the users on the basis of the users’ behaviour, e.g. longer stays on the website or more frequent interaction with the elements of the website.

Affiliate Links - Affiliate links are links that are used to refer users to websites with product or other offers. The operators of the respective linking websites can receive a commission if users follow the affiliate links and then take advantage of the offers. For this it is necessary that the providers can track whether users who are interested in certain offers subsequently purchase them at the initiative of the affiliate links. Therefore, the functionality of affiliate links requires that they be supplemented by certain values that become part of the link or are otherwise stored, e.g. in a cookie. The values include in particular the initial website (referrer), the time, an online identification of the operator of the website on which the affiliate link was located, an online identification of the respective offer, an online identification of the user, as well as Tracking specific values such as, for example, advertising material ID, partner ID and categorisations.

After-Sales – After-Sales is a marketing procedure in which, for example, customers of an online shop are presented with advertising offers from other companies (which are usually based on the services or products purchased in the online shop). Furthermore, the functionality of after-sales corresponds to the functionality of affiliate links.

Aggregated Data - Aggregated personal information is pooled personal information that cannot be traced back to a person and is therefore not personal. For example, visit times on a website can be saved as median values.

Click Tracking - “Click Tracking” allows to track the movements of users within an entire website. Since the results of these tests are more accurate if the user interaction can be monitored over a certain period of time (e.g. if a user likes to return), cookies are usually stored on the user’s computers for these test purposes.

Conversion - “Conversion”, or “Conversion measurement” refers to a procedure with which the effectiveness of marketing measures can be determined. As a rule, a cookie is stored on the user’s devices within the websites on which the marketing activities take place and then retrieved again on the target website (e.g. this enables us to trace whether the ads we placed on other websites were effective).

Cookies - Cookies are small files that are stored on the user’s computer. Different personal information can be stored in the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to a website. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves a website and closes his browser. In such a cookie, for example, the content of a shopping basket in an online shop or a login status within a community can be stored. Cookies are referred to as “permanent” or “persistent” if they are stored even after the browser is closed. For example, the login status can be saved permanently. Likewise, the interests of users used for Web Analytics or marketing purposes (see e.g. “Remarketing”) may be stored in such a cookie. As a “third party cookie”, cookies are offered by providers other than the operator of the website (otherwise, if they are only the operator’s cookies, they are referred to as “first party cookies”).

Cross-Device-Tracking - Cookies and fingerprints are device-related. Cross-device Tracking is required to evaluate the interests of users using smartphones for advertising on desktop PCs. Logins in social networks such as Facebook, for example, can be used for this purpose. Alternatively, location personal information, IP addresses and user behaviour are used to achieve up to 98% more precise user restriction. Cookies and Web beacons are usually used for cross-device Tracking purposes.

Custom Audiences - Custom audiences are people who are targeted for advertising purposes, e.g. the display of advertisements. For example, based on a user’s interest in certain products or topics on the Internet, it may be concluded that the user is interested in advertisements for similar products or the online shop in which he has viewed the products. “Lookalike Audiences” are users whose profiles or interests presumably correspond to the users for whom the profiles were created. Cookies and Web beacons are usually used for the purpose of creating Custom Audiences and Lookalike Audiences. “Custom Audiences from Website” means that the target groups are formed on the basis of visitors of the own website. “Custom Audiences from File” means that, for example, a list of e-mail addresses is uploaded to the respective advertising network or platform to form the target group.

Data subject – “Data subject” refers to any individual person who can be identified, directly or indirectly through identifier information.

Demographic Data - Demographic personal information is general information about groups of people or persons, e.g. characteristics such as age, gender, place of residence and social characteristics such as occupation, marital status or income. Demographic personal information is collected within the scope of Web Analytics and in online marketing for the purposes of online behavioural marketing or for business analyses that are used, for example, to determine the target groups.

Embedding - Embedding involves integrating external content or software functions (see “Plug-ins”) into one’ s own website in such a way that they are displayed or executed on this website. No copy of the content is created because it is called from the original server (e.g. videos, images, posts on social networks, widgets with ratings). With Embedding, it is technically necessary for the provider of the content to obtain the IP address of the user in order to display the Embedded content in the user’s browser. Furthermore, the content provider may, for example, store cookies on the user’s devices.

Advanced matching - The “advanced matching” is a Facebook pixel option, which means that name and contact information such as phone numbers, email addresses or Facebook IDs of users are transmitted to Facebook in encrypted form to form target groups for Facebook ads and are used only for this purpose.

Error Tracking - During error Tracking, e.g. incorrectly executed program code is detected in order to eliminate it and thus guarantee the functionality and security of websites.

Fingerprints and other online identifiers - “Fingerprints” correspond in their function to cookies, whereby the storage of a file on the user’s device is not required. These digital fingerprints can be individually created as cross sums of individual factors of devices, e.g. computing power or browser plug-ins for devices, and thus used for Web Analytics, Profiling, Remarketing, online- and behavioural advertising.

First-Party Cookies – See “Cookies”.

Heatmaps - “Heatmaps” are mouse movements of the users, which are combined to an overall picture, with the help of which e.g. it is possible to recognize which website elements are preferred and which website elements users prefer less.

IP address - The IP address (“IP” stands for Internet Protocol) is a sequence of numbers that can be used to identify devices connected to the Internet. When a user visits a website on a server, he informs the server of his IP address. The server then knows that it must send the personal information packets containing the content of the website to this address.

IP Masking - IP Masking is a method in which the last octet, i.e. the last two numbers of an IP address, are deleted so that the IP address can no longer be used to uniquely identify a person. Therefore, IP Masking is a means of Pseudonymizing processing methods, especially in online marketing.

Lookalike Audiences – See “Custom Audiences”.

Online Behavioural Advertising (OBA) - online behavioural advertising is the term used when Profiling is used to assess the potential interest of users in advertising. Cookies and Web beacons are usually used for these purposes.

Opt-in - The term “opt-in” means, depending on the context, the same as registration or consent. If a registration (e.g. by entering an e-mail address in an online form field) is confirmed by sending an e-mail with a confirmation link to the owner of the e-mail address, this is referred to as a Double-Opt-In (DOI).

Opt-Out - The term Opt-Out means unsubscription and may be an objection (e.g. against Tracking) or a cancellation (e.g. for newsletter subscriptions).

Opt-Out-Cookie - An “Opt-Out-Cookie” is a small file (see “Cookies”) which is stored in your browser and in which it is noted that, for example, a Tracking service should not process your personal information. The “opt-out cookie” only applies to the browser in which it was saved, i.e. in which you clicked the opt-out link. If cookies are deleted in this browser, you must click the opt-out link again. Furthermore, an opt-out link can only be limited to the domain on which the opt-out link was clicked.

Permanent Cookies – See “Cookies”.

Personal Information - “Personal information” means any information about an identifiable individual or other information that is subject to applicable privacy laws in Canada, and includes identifiers such as a name, identification number, or location.

Plugins/ Social Plugins - Plugins (or “Social Plugins” in the case of social functions) are external software functions that are integrated into a website. For example, they can be used to output interaction elements (e.g., a “I like” button) or content (e.g., external commenting function or postings in social networks).

Processor - “Processor” means a natural or legal person, public authority, agency or other body which processes personal information on behalf of the controller;

Profiling - ”Profiling” means any automated processing of personal information consisting in the use of such personal information to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of Profiling, this includes information regarding age, gender, location and movement personal information, interaction with websites and their contents, shopping behaviour, social interactions with other people) (e.g. interests in certain contents or products, click behaviour on a website or the location). Cookies and Web beacons are often used for Profiling purposes.

Pseudonymization/ Pseudonyms / Pseudonymous - “Pseudonymization” means the processing of personal information in such a manner that the personal information can no longer be attributed to a specific personal information subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal information is not attributed to an identified or identifiable natural person; E.g. if an exact interest profile of the computer user is stored in a cookie (a “marketing avatar”), but not the name of the user, then personal information is processed Pseudonymously. If his name is stored, e.g. as part of his e-mail address or his IP address is stored, then the processing is no longer Pseudonymous.

Web Analytics - Web Analytics is used to evaluate the visitor flows of a website and can include their behaviour, interests or demographic information, e.g. age or gender. With the help of range analysis, website owners, for example, can see what types of people visit their website at what time and what content they are interested in. This enables them, for example, to better optimize the content of the website to the needs of their visitors. Cookies and Web beacons are often used for Web Analytics purposes.

Remarketing/ Retargeting - “Remarketing” or “Retargeting” is used when, for example, for advertising purposes is noted which products a user is interested in on a website in order to remind the user on other websites of these products, e.g. in advertisements. Cookies are usually used for retargeting purposes.

Session Cookies – “Cookies”.

Single-Sign-On - Single-Sign-On” or “Single-Sign-On-Authentication” is a procedure that allows users to log on to an online service, using other online services, they are members with. A requirement for Single-Sign-On authentication is that users are registered with the respective Single-Sign-On provider and enter the required credentials on the web form provided for this purpose. Authentication takes place directly with the respective Single Sign-On provider. As part of such authentication, we receive a user ID with the information that the user is logged in under this user ID at the respective Single Sign-On provider and an ID that can no longer be used by us (so-called “user handle”). Whether we receive further personal information depends solely on the Single Sign-On procedure used, the selected personal information shares as part of authentication and also which personal information users have authorised in the privacy or other settings of the user account with the Single Sign-On provider. Depending on the Single Sign-On provider and the choice of users, it can be different personal information, usually the e-mail address and the user name. The password entered as part of the Single Sign-On procedure is neither visible to us nor is it stored by us. Users are asked to note that their personal information stored with us can be automatically synchronized with their user account with the Single-Sign-On provider, but this is not always possible or actually occurs. If, for example, the e-mail addresses of users change, users must change these manually in their user account at our site. If users decide that they no longer want to use their user account link with the Single-Sign-On provider for the Single-Sign-On procedure, they must cancel this link within their user account held with the Single-Sign-On provider. If users wish to erase their personal information from our system, they must cancel their registration at our service.

Third Party - “Third party” means a natural or legal person, public authority, agency or body other than the personal information subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal information.

Third Party Cookies – See “Cookies”.

Tracking - Tracking is defined as when the behaviour of users can be traced across several online offers, e.g. for Remarketing purposes. The behavioural and interest information collected with regard to the online services used is stored as user profiles in cookies or on the servers of marketing service providers (e.g. Google or Facebook).

Universal Analytics - “Universal Analytics” is a Google Analytics process in which the user analysis is based on a Pseudonymous user ID and a Pseudonymous profile of the user with information from the use of various devices is created (“cross-device Tracking”).

Controller – “controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal information.

Processing – “processing” means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Tracking pixels – See Web beacons.

Web beacons - Web beacons (or “pixels”, “measuring pixels” or “Tracking pixels”) are small, pixel-sized graphics that are integrated into Web pages or HTML e-mails. For example, they allow to determine whether an e-mail has been opened (at least if the image display in e-mails is enabled) or how often a website is accessed by a user.

Widgets – See Embedding.