Privacy Policy

In this statement, maryan beachwear retail GmbH, Kellerhof 8, 79730 Murg/Germany (hereinafter “maryan”) informs you of the type, scope and purposes of the collection and use of personal data. maryan is the data controller within the meaning of data protection law and operates the website under the URL, http://www.watercult.com (hereinafter “Online Shop”).

 

1. VISITS TO OUR ONLINE SHOP

If you call up the Online Shop, maryan will temporarily store your access data, which will be summarized in a log file on our web servers. The access data include the following information:

  • IP number of the terminal
  • Operating system of the terminal
  • Browser type/version
  • Referrer URL (the previously visited page)
  • Date and time of the call-up
  • Name and URL of the requested page, including the transmitted data volume
  • Name and URL of the called-up files, and
  • Notification of a successful call-up

Those data cannot be traced back to an individual by maryan. Unfortunately, a use of the Online Shop without providing your IP address is not possible for technical reasons.

 

2. CONTACT REQUEST

You can send us a message through the links, “Contact Form” and ”service@watercult.com” in the Online Shop. The data fields in the “Contact Form” marked with an asterisk are mandatory and serve the processing of your request. Depending on your capacity as a prospective customer or an existing customer, this serves the implementation of pre-contractual measures or the performance of the contract. The other details are voluntary. If you do not provide mandatory details, maryan will be unable to reply to your request. If you do not provide the voluntary details, this will be without any consequences.

 

3. ORDERS

The data requested in the order process are used to implement pre-contractual measures or to perform the contract. In that respect, a difference is made between mandatory data (marked with an asterisk) and data to be provided voluntarily. No contract can be concluded without the mandatory data (size and form of the desired product, salutation, first and last name, address and email address).

The request to provide your fixed-line or cell phone number is a voluntary detail and made in our legitimate interest to be able to contact you directly in the event of questions or problems regarding the delivery. If you do not provide us with those data, maryan might be unable to reach you in good time. If you select “Credit card” or “Carte bleue” as the means of payment, your credit card details will be collected and processed. If you wish to pay via PayPal , the payable amount will be transmitted to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “Paypal”). Thereafter, your log-in data will be collected by Paypal. The data processing in connection with the selection of the respective means of payment serves the settlement of the payment and our economic interest to outsource processes which do not form part of our core business. Further details regarding data protection can be found on the website of Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full). If you do not wish to provide the data requested upon the selection of the respective means of payment, you will have to select a different means of payment.

 

4. CUSTOMER ACCOUNT

You have the option to create a customer account for the Online Shop. To do this, you must enter your salutation, your first and last name, an email address and a password. In the customer account, you have the option to enter data regarding your means of payment, as well as invoice and shipping addresses. In addition, your orders will be saved in your customer account. The creation of a customer account is voluntary. You may at any time also place orders without a customer account. Without providing your email address and a password, maryan will not be able to authenticate you and will not be able to offer a customer account. If you do not provide the voluntary details, this will be without any consequences. After you have created a customer account, you can inspect and edit your personal details, orders and your wish list in the account. If you provide the name and address of a third party (for example, as the shipping address), you must ensure that you are authorized to do so.

Please make sure that you log off from your customer account before leaving our website. You can do this by clicking the button, “log off”, on our website. This serves the protection of the data against unauthorized access by third parties.

You may at any time terminate your customer account by a declaration to us. maryan reserves the right to terminate the account at four weeks' notice if the account has not been used for a period of three years.

 

5. NEWSLETTER

If you subscribe for our newsletter service, the stated email address will be used to provide that service. If you no longer wish to receive our newsletter, you may unsubscribe for the newsletter, inter alia, through the settings in your customer account.

By subscribing for the newsletter, you have made the following declaration: ”I agree that maryan beachwear retail GmbH will regularly (not more than twice a week) inform me by email about its news and offers. I may revoke this consent at any time with effect for the future.” You may revoke that consent at any time with effect for the future. You may notify us of such revocation through any communications channel (e.g., by mail, email, a link in the newsletter). Alternatively, who may unsubscribe for the newsletter through the settings in your customer account.

maryan may also regularly send you emails with offers regarding products which are similar to the products ordered by you. You may at any time object to the use of your email address for advertising purposes by sending an email to service@watercult.com or in another manner, without incurring any additional costs other than the transmission costs at the base rates.

 

6. STATUTORY AND CONTRACTUAL DUTIES TO PROVIDE DATA

The provision of all data is neither contractually required nor required by operation of law.

 

7. STORAGE PERIOD AND DELETION OF DATA

The data provided by you in connection with an order of products will be deleted after the settlement of the contract, unless there exist statutory retention duties. In such case, the data will be retained for a period of up to 10 years. Your data will be blocked for any other use, except admissible advertising by mail and/or email. The data provided by you in connection with the creation of your customer account will be stored until you terminate your customer account, or if you have not logged in into your customer account for a period of three years and maryan has terminated your customer account. maryan will delete your email address provided to maryan exclusively in connection with a subscription for our newsletter once you have unsubscribed for our newsletter or have revoked your consent otherwise, without simultaneously ordering a product from us. The data provided by you when using our contact form will be deleted once the communication ends, or once your request has been finally settled, and the data have not been collected for contractual purposes at the same time. Any communication regarding legal claims will be stored during the regular limitation period.

 

8. DISCLOSURE OF YOUR DATA

maryan will only disclose your data to third parties if maryan is entitled, or obliged, to do so under applicable law. The same applies if maryan receives your data from third parties. An entitlement will also exist if third parties process the data on behalf of maryan. If maryan does not perform its business activities (for example, the operation of the website, offer adjustments, customer service, preparation and sending of advertising materials, data analysis and (if applicable) data cleansing, payment processing) itself but, rather, has such activities performed by other business enterprises, and if such activities relate to the processing of your data, maryan has contractually obliged those business enterprises before to use the data only for the purposes permitted by law. maryan may monitor those business enterprises in that respect.

 

9. DATA SECURITY

maryan will take all necessary technical and organizational security measures to protect your personal data against loss and misuse. For example, your data will be stored in a secure operating environment which is not publicly accessible. In connection with your order of a product, your personal data will be transmitted in encrypted form. To this end, maryan uses, in particular, the encryption technology, SSL (Secure Socket Layer). Any access to your customer account requires the entry of your personal password. You should always treat your access information confidentially and close the browser window once you have ended your communication with us, in particular, if you use your terminal together with others. Please note that, while maryan endeavors to design a safe and reliable website for users, the confidentiality of any communications or materials transmitted to, or from, the website in unencrypted form cannot be guaranteed. Please note that confidentiality and data security cannot be fully warranted in the case of communications by email. Therefore, maryan, recommends a communication by mail in the case of confidential information.

 

10. YOUR RIGHTS (INFORMATION, CORRECTION, BLOCKING, DELETION, OBJECTION, REVOCATION, TRANSMISSION, COMPLAINT)

You may at any time receive information free of charge as to what data about you are stored by maryan and for what purpose the data are stored. In addition, you may object to the data processing and have your data transferred to another person by maryan. You also have the right to have incorrect data corrected and to have data blocked or deleted if the storage is admissible or no longer necessary. Furthermore, you have the right to revoke any consent granted with effect for the future. You can address your respective request to maryan by using the contact data specified in section 1. above. In addition to the aforementioned rights, you also have the right to file a complaint with a data protection authority.

 

11. VOLUNTARY AND MANDATORY DETAILS

Wherever maryan collects data, you will find information as to whether the data are required to be provided, for example, your address to send your order to you, or whether the provision of the details is voluntary. Any mandatory details are always marked with an asterisk. In addition to the processing of your request, voluntary details will also be analyzed for statistical purposes and to improve our offer in anonymized form.

 

12. COOKIES

12.1 USE TO WARRANT USER-FRIENDLINESS

maryan will store cookies on the storage medium of your terminal to make the visit to the website attractive and to facilitate the use of specific functions. This serves maryan’s sales interests as a legitimate interest.

“Cookies” are small text files which are sent from the web server of our provider to the browser of your terminal and are stored there. Cookies are required, for example, to be able to identify and authorize you for the entire duration of your visit after a successful log-in to your customer account. They are also required if you provide details, for example, in connection with an order of products without having registered to spare you multiple entries of your data. Those cookies will be deleted from the storage medium of your terminal after the end of your browser session (“session cookies”).

In most cases, the browser of your terminal will be set such that the browser will accept the creation and storage of cookies. You may set your browser such that the browser will not accept the storage and use of cookies generally or in an individual case. In that case, however, the range of functions of our website may be limited. Depending on the browser used, you can find details here:

12.2 USE FOR ADVERTISING, MARKET ANALYSIS AND NEEDS-BASED DESIGN (GOOGLE ANALYTICS)

Our website uses Google Analytics, a web analysis service provided by Google LLC. (”Google”). Google Analytics uses cookies, small text files, which are stored on your computer and facilitate an analysis of the use of the website by you. The information generated by the cookies regarding your use of this website will normally be transmitted to a server of Google in the USA and will be stored there. Google will use that information on our behalf to analyze your use of the website, to compile reports on the website activities, and to provide other services to us in relation to the use of the website and the Internet. Therefore, the use serves our sales interests as a legitimate interest.

To warrant an anonymized collection of IP addresses, the source code of Google Analytics was expanded by the code, ”_anonymizeIP”, so that IP addresses will only be processed in shortened form to exclude an individual identification of users. The IP address transmitted by your browser in connection with Google Analytics will not be consolidated with other data of Google.

You can prevent the storage of cookies by setting your browser accordingly. In addition, you can prevent the collection of the data in relation to your use of the website (including your IP address) generated by the cookie and the collection of those data by Google by downloading and installing the browser plug-in which is available at the following link:

http://tools.google.com/dlpage/gaoptout?hl=de.

You can also prevent the collection and use of your data by Google by clicking the following link:

https://tools.google.com/dlpage/gaoptout?hl=en

By clicking that link, an opt-out cookie will be set, which prevents the collection of your data by Google.

More detailed information regarding terms of use and data privacy can be found at the following links:

 

13. CONTACT DETAILS OF OUR DATA PROTECTION COMMISSIONER

Our data protection commissioner can be contacted as follows:

datenschutz@maryanbeachwear.com

 

14. MODIFICATIONS OF THIS DATA PRIVACY STATEMENT

maryan may update this data privacy statement if services or products change, or if this is required for legal reasons. In the event of modifications, maryan will inform you of the modification by email and will integrate into the Online Shop at a prominent place a notification of the modification after reasonable advance notice.