Privacy policy
1) Introduction and Contact Details of the Controller
1.1
We are pleased that you are visiting our website and thank you for your interest. Below, we provide information about how we handle your personal data when you use our website. Personal data means any data that can be used to personally identify you.
1.2
The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is:
4D Herzog & Vitale OG
Kornmarktstraße 7
6900 Bregenz
Austria
Tel.: +43 676 3008643
Email: service@4doutfitters.com
The controller responsible for processing personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.
2) Data Collection When Visiting Our Website
2.1
When you use our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the website server (“server log files”).
When you access our website, we collect the following data, which is technically necessary for us to display the website to you:
- The website visited
- Date and time of access
- Amount of data transmitted in bytes
- Source/referrer from which you accessed the page
- Browser used
- Operating system used
- IP address used (where applicable, in anonymised form)
Processing is carried out pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not disclosed or used for any other purpose. However, we reserve the right to subsequently review the server log files if there are specific indications of unlawful use.
2.2
For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries addressed to the controller), this website uses SSL or TLS encryption. You can recognise an encrypted connection by the “https://” prefix and the padlock symbol in your browser bar.
3) Hosting & Content Delivery Network
3.1 Amazon Web Services
For hosting our website and displaying website content, we use the system of the following provider:
AWS EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg.
Data may also be transferred to Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109, USA.
All data collected on our website is processed on the provider’s servers. We have concluded a data processing agreement with the provider that ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with the European level of data protection.
3.2 Shopify
For hosting our website and displaying website content, we use the system of the following provider:
Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”).
Data is also transferred to Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada.
All data collected on our website is processed on the provider’s servers. We have concluded a data processing agreement with the provider that ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
Where data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.
3.3 Cloudflare
We use a content delivery network provided by:
Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA.
This service enables us to deliver large media files such as graphics, website content or scripts more quickly via a network of regionally distributed servers.
Processing is carried out to safeguard our legitimate interest in improving the stability and functionality of our website pursuant to Art. 6(1)(f) GDPR.
We have concluded a data processing agreement with the provider that ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.
For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework.
4) Cookies
To make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files stored on your device.
Some cookies are automatically deleted after you close your browser (“session cookies”), while others remain on your device for a longer period and allow website settings to be saved (“persistent cookies”). In the latter case, you can find the storage duration in your web browser’s cookie settings.
Where personal data is also processed by individual cookies used by us, processing is carried out pursuant to Art. 6(1)(b) GDPR for the performance of a contract, pursuant to Art. 6(1)(a) GDPR where consent has been given, or pursuant to Art. 6(1)(f) GDPR to safeguard our legitimate interests in the best possible functionality of the website and in providing a customer-friendly and effective website experience.
You can configure your browser to inform you when cookies are being set and decide individually whether to accept them, or to exclude the acceptance of cookies in certain cases or generally.
Please note that if cookies are not accepted, the functionality of our website may be restricted.
5) Contact
5.1 Superchat
This website uses a live chat system provided by:
SuperX GmbH, Oranienburgerstraße 91, 10178 Berlin, Germany.
Personal data transmitted via the chat is processed either pursuant to Art. 6(1)(b) GDPR because this is necessary for initiating or performing a contract, or pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in efficiently assisting visitors to our website.
Subject to any conflicting statutory retention obligations, the data transmitted in this manner will be deleted once the matter concerned has been conclusively resolved.
Additional information may also be collected and analysed using cookies for the purpose of creating pseudonymised user profiles. However, this information does not serve to personally identify you and is not combined with other data sets.
Where such information constitutes personal data, processing is carried out pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in statistically analysing user behaviour for optimisation purposes.
The setting of cookies can be prevented through appropriate browser settings. However, the functionality of our website may be restricted as a result.
You may object to the collection and storage of data for the purpose of creating a pseudonymised user profile at any time with effect for the future.
We have concluded a data processing agreement with the provider.
5.2 Trusted Shops
For review reminders, we use the services of:
Trusted Shops AG, Subbelrather Str. 15c, 50823 Cologne, Germany.
Only on the basis of your express consent pursuant to Art. 6(1)(a) GDPR do we transmit your email address and, where applicable, other customer data to the provider so that it may contact you by email with a review reminder.
You may withdraw your consent at any time with effect for the future, either by contacting us or the provider.
We and the provider are jointly responsible for the processing described above pursuant to Art. 26 GDPR.
5.3 WhatsApp Business
You have the option of contacting us via the WhatsApp messaging service operated by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the “Business” version of WhatsApp.
If you contact us via WhatsApp in connection with a specific transaction, such as an order you have placed, we store and use the mobile telephone number you use with WhatsApp and, if provided, your first and last name pursuant to Art. 6(1)(b) GDPR for the purpose of processing and responding to your enquiry.
On the same legal basis, we may ask you via WhatsApp to provide additional information such as your order number, customer number, address or email address so that we can assign your enquiry to a specific transaction.
If you use our WhatsApp contact for general enquiries, for example regarding our range of services, availability or our website, we store and use the mobile telephone number you use with WhatsApp and, if provided, your first and last name pursuant to Art. 6(1)(f) GDPR on the basis of our legitimate interest in providing the requested information efficiently and promptly.
Your data will only be used to respond to your enquiry via WhatsApp. It will not be disclosed to third parties.
Please note that WhatsApp Business has access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server belonging to its parent company Meta Platforms Inc. in the USA.
For operation of our WhatsApp Business account, we use a mobile device whose address book contains only the WhatsApp contact details of users who have also contacted us via WhatsApp.
This ensures that every person whose WhatsApp contact details are stored in our address book has already consented to the transmission of their WhatsApp telephone number from the address books of their chat contacts by accepting WhatsApp’s terms of use when first using the app on their device pursuant to Art. 6(1)(a) GDPR.
Data relating to users who do not use WhatsApp and/or have not contacted us via WhatsApp is therefore not transmitted.
For information about the purpose and scope of data collection and further processing and use of data by WhatsApp, as well as your rights and settings options for protecting your privacy, please refer to WhatsApp’s privacy policy.
We have concluded a data processing agreement with the provider.
As part of the processing described above, data may be transferred to servers of Meta Platforms Inc. in the USA.
For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework.
5.4 General Contact
When you contact us, for example via a contact form or email, personal data is processed exclusively for the purpose of handling and responding to your enquiry and only to the extent necessary for this purpose.
The legal basis for processing this data is our legitimate interest in responding to your enquiry pursuant to Art. 6(1)(f) GDPR.
If your contact is aimed at concluding a contract, Art. 6(1)(b) GDPR serves as an additional legal basis.
Your data will be deleted when the circumstances indicate that the matter concerned has been conclusively resolved, provided that no statutory retention obligations prevent deletion.
6) Comment Function
As part of the comment function on this website, in addition to your comment, information about the time the comment was created and the commenter name you have chosen is stored and published on this website.
Your IP address is also logged and stored. The IP address is stored for security reasons and in the event that the person concerned infringes third-party rights or posts unlawful content through a submitted comment.
We require your email address so that we can contact you if a third party objects to your published content as unlawful.
The legal bases for storing your data are Art. 6(1)(b) and (f) GDPR.
We reserve the right to delete comments if third parties object to them as unlawful.
7) Data Processing When Opening a Customer Account
Pursuant to Art. 6(1)(b) GDPR, personal data continues to be collected and processed to the extent necessary if you provide it to us when opening a customer account.
The data required to open an account can be found in the input form of the corresponding form on our website.
You may delete your customer account at any time by sending a message to the controller at the address specified above.
After your customer account has been deleted, your data will be deleted provided that all contracts concluded through the account have been fully processed, no statutory retention periods prevent deletion, and we have no legitimate interest in continuing to store the data.
8) Use of Customer Data for Direct Marketing
8.1 Registration for Our Email Newsletter
If you subscribe to our email newsletter, we will regularly send you information about our offers.
The only mandatory information required for sending the newsletter is your email address. Providing any additional data is voluntary and is used to address you personally.
We use the double opt-in procedure for newsletter distribution. This ensures that you only receive newsletters after you have expressly confirmed your consent to receive the newsletter by clicking a verification link sent to the email address you provided.
By activating the confirmation link, you give us your consent to use your personal data pursuant to Art. 6(1)(a) GDPR.
We store the IP address registered by your Internet service provider (ISP), as well as the date and time of registration, so that any possible misuse of your email address can be traced at a later date.
The data collected when you register for the newsletter is used strictly for its intended purpose.
You may unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a corresponding message to the controller specified above.
After you unsubscribe, your email address will be immediately deleted from our newsletter distribution list unless you have expressly consented to further use of your data or we reserve the right to use data beyond this scope where permitted by law and about which we inform you in this privacy policy.
8.2 Shopify Email
Our email newsletters are sent via:
Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
Data is also transferred to Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada.
On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we transmit the data you provided when subscribing to the newsletter to this provider pursuant to Art. 6(1)(f) GDPR so that the provider can send newsletters on our behalf.
Subject to your express consent pursuant to Art. 6(1)(a) GDPR, the provider also statistically evaluates the success of newsletter campaigns using web beacons or tracking pixels contained in emails.
These may measure opening rates and specific interactions with newsletter content. Device information such as time of access, IP address, browser type and operating system is also collected and analysed, but is not combined with other data sets.
You may withdraw your consent to newsletter tracking at any time with effect for the future.
We have concluded a data processing agreement with the provider.
Where data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.
8.3 Product Availability Notifications by Email
For temporarily unavailable products, you may register to receive an email notification when the selected product becomes available.
The only mandatory information required to send this notification is your email address. Any additional information is voluntary and may be used to address you personally.
We use the double opt-in procedure.
By activating the confirmation link, you consent to the use of your personal data pursuant to Art. 6(1)(a) GDPR.
You may unsubscribe from availability notifications at any time by contacting the controller specified above.
8.4 Shopping Cart Reminders by Email
If you abandon your purchase before completing your order, you have the option of receiving a one-time email reminder about the contents of your virtual shopping cart.
The only mandatory information required for this reminder is your email address.
We use the double opt-in procedure to ensure that a reminder is only sent after you have expressly confirmed your consent.
By activating the confirmation link, you consent to the use of your personal data pursuant to Art. 6(1)(a) GDPR for the purpose of sending a shopping cart reminder.
You may unsubscribe from shopping cart reminders at any time by contacting the controller.
9) Data Processing for Order Fulfilment
9.1
To the extent necessary for contract processing, delivery and payment purposes, personal data collected by us is disclosed to the commissioned transport company and commissioned financial institution pursuant to Art. 6(1)(b) GDPR.
If, on the basis of a corresponding contract, we owe you updates for goods containing digital elements or for digital products, we process the contact details provided by you when placing the order in order to personally inform you as part of our statutory information obligations pursuant to Art. 6(1)(c) GDPR.
For processing your order, we also cooperate with service providers that assist us wholly or partly in performing concluded contracts. Certain personal data is transmitted to these providers in accordance with the following information.
9.2 Disclosure of Personal Data to Shipping Providers
The document lists the following shipping providers:
- Deutsche Post
- DPD
- DPD Austria
- GLS
- Austrian Post
- UPS
Where you have expressly consented during the ordering process, we transmit your email address and/or telephone number to the relevant provider prior to delivery for the purpose of coordinating a delivery date or providing delivery notifications pursuant to Art. 6(1)(a) GDPR.
Otherwise, for delivery purposes pursuant to Art. 6(1)(b) GDPR, we transmit only the recipient’s name and delivery address.
The data is disclosed only to the extent necessary to deliver the goods.
Consent may be withdrawn at any time with effect for the future by contacting either us or the respective provider.