Data Protection
Operator of this internet site and responsible for its content:
emmerich exclusivbrillen GmbH & Co. KG
Gahlenfeldstr. 27 A
D-58313 Herdecke
Telephone: +49 (0) 2330 60 62-100
Telefacsimile: +49 (0) 2330 60 62-101
info@emmerich-fashion.com.com
Managing director: Holger Emmerich
VAT ID: DE815548998
Register Court of Hagen Municipal Court HRA 5846
[Disclaimers]
Liability Note
Privacy Statement
You may be asked to provide some personal information about yourself. Answering these questions is voluntary. All the personal data entered on the website will only be stored and processed for your personal care, for shipping orders and for offering you services and products. emmerich exclusivbrillen GmbH & Co. KG promises you that your data will be treated in strict confidence in line with all current provisions of data privacy law. Disclaimer The utmost care was taken in designing this website. It is nevertheless naturally not possible to guarantee that all the information is absolutely free of errors. We can accept no liability for damage arising directly or indirectly from the use of this website unless caused by willful or gross negligence. External references and links Although every care was taken when providing external links, we are unable to accept any liability for the content of such external links. Responsibility for the content of the linked sites lies only with the operators of said sites.
Copyright
The content and design of this internet site is protected under copyright law. Any reproduction of the pages or their contents requires the prior written consent of emmerich exclusivbrillen GmbH & Co. KG.
Our website uses Google Analytics, a web analysis service of Google, Inc. (“Google”). Google Analytics uses “cookies”, text files that are stored on your computer and that allow an analysis of your use of our website. The information on your use of this website by the cookies is as a rule transmitted to Google’s servers in the USA and is stored there. However, if IP anonymization is applied to this website, your IP address will be abbreviated by Google if you access our site from a member state of the European Union or from another contract territory of the European Economic Area.
Your full IP address will only be transmitted to Google in the USA and stored there under exceptional circumstances. Google will use this information in behalf of the operator of this website to analyze your use of the site, to prepare reports on activity on the site and to provide further services to the operator of this site related to the use of the site and to the use of the internet. The IP address transmitted by your browser as part of Google Analytics will not be combined with any other data of Google.
You can prevent cookies from being stored by corresponding setting in your browser; however, as a result, you may not be able to fully utilize all the functions of this site. You can also prevent the information (including your IP address) generated by the cookie and relating to your use of the site from being sent to Google and from being processed by Google by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de
General Data Privacy Policy
Protecting your data
We take the security and protection of your personal information very seriously. We therefore strictly adhere to the provisions of the German Data Protection Act. This in particular applies to the way we treat your data, in particular information on your private address. The information you give us during your visit to our site will only be used to process your inquiry and will not be processed or used for any other purpose. Your information will naturally never be shared with third parties.
Personal data
It is not necessary to enter personal data to browse our site. However, in certain cases we will need your name and address as well as other data so that we can provide you with the services you require. The same applies to the sending of information material or any ordered goods or to replies to individual questions. We only process and store data that you provide voluntarily or data that is automatically logged when your visit our site (e.g. time and date of site access; search engine used; name of downloaded files). If you make use of our services, data will be recorded that we need to provide these services. If we ask you for more detailed information, this will always be on a voluntary basis. The processing of personal data only takes place for the provision of the requested service(s) and to protect our justified corporate interests.
Purpose of the personal data
As a rule, we will use the personal data you provide to answer your queries, to meet your orders and to give you access to specific information or special offers. For customer care purposes, it may also be necessary for us or a service provider commissioned by us to use your personal data to inform you about product offers or to carry out online surveys to allow us to meet the requests and demands of our customers more exactly. We naturally respect your right not to allow us to use your personal data to support our customer care (in particular for direct marketing or for market research). We will never sell or otherwise market your personal data to third parties.
Restricted use
We will only record and utilize your personal data for the purposes we state. No personal information will be passed on to third parties without your express consent. The recording of personal data and their transfer to authorized state institutions and authorities is done in line with all relevant laws. All our employees and service agencies acting for us are subject to strict confidentiality requirements and to the provisions of the German Data Protection Act.
Data automatically recorded when visiting our site
The following data is stored for administrative and technical reasons when you use our site: the names of the pages you access; the name of your browser and of your operating system; the time and date of your visit; any search engines you used; the names of any downloaded files; and your IP address. We evaluate this technical information in anonymized form and only for statistical purposes to enable us to continue to improve our internet site. These data will be stored separately from other information on secured systems. It is not possible to track the data back to individuals.
Cookies
Cookies are small text files that a web server transmits to your browser when you visit a website.
The cookie file is stored or rejected depending on your browser settings. If the file is saved, our web server can recognize your computer again. The cookie helps you save some inputs when visiting the site again and when changing between functions that require you to enter a password. Cookies therefore make it easier for you to use websites that require user input.
Children and juveniles
No-one under the age of 18 should send any personal data to us without the consent of a parent or legal guardian. We will never ask children or juveniles for personal data and will never collect such data or pass it on to others.
Security
We have taken technical and administrative measures to protect your personal data from loss, destruction, manipulation or unauthorized access. All our employees and everyone involved in data processing are contractually obliged to observe the German data protection act and all other relevant laws and to keep all personal data confidential. Whenever personal data is recorded and processed, the information is transmitted in encoded form to prevent any misuse of the data by third parties. Our security measures are subject to constant revision in line with technological advances.
Amendments to our privacy statement
We reserve the right to amend our measures for safety and data protection where necessary due to technological advances. We will also amend our privacy statement accordingly in these cases. You should therefore always consult the latest version of our privacy statement.
Links
If you click on links provided on our internet site, this Privacy Statement does not extend to these links. Where we provide links, we confirm that no infringements of current law was recognized at the time the link was set. However, we have no influence on the observation of data protection provisions and safety provisions by other providers. We recommend that you always consult the privacy statements of such sites operated by other providers.
Right of access
You can ask to see all the data we have stored on you at any time. If you wish to review the data we hold on you, please send an e-mail to info@emmerich-fashion.com.com.
Right of objection
You can revoke your consent to our recording, processing and use of your personal data at any time. If you wish to review the data we hold on you, please send an e-mail to info@emmerich-fashion.com.com.
Questions, suggestions, complaints
If you have any questions on our data protection policy or on the way we process your personal information, you can contact our data protection officer directly. This officer will also be pleased to help you if you have any suggestions or complaints.
Right of use agreement
Our site grants you access to image and media material that is subject to copyright. The use of this material is only allowed for promotion purposes and/or for reports on the company of emmerich-fashion.com and its brands. This agreement covers print media and the internet. The following provision also applies to material provided to you by employees of our company.
The use of the material is only permitted while quoting the source (emmerich-fashion.com). Any use without naming the source will be deemed unlicensed. Any and all further use, whether for commercial or personal use, is prohibited. Any contravention will give rise to demands to cease and desist, for damages, etc. and can lead to penal sanctions under copyright law.
The conditions are deemed to have been noted and accepted by your acknowledgment of the notice and your viewing of the download of the image and media material. If you do not want to accept these conditions, you must leave this site.
This page contains important terms and conditions relating to your rights and duties You agree to our conditions of use by clicking the check box at the end of the text. We recommend that you print this agreement for your files.
The present agreement covers the use of the emmerich-fashion.com website with respect to downloading photographs, illustrations, images, texts, letters or other visual, graphical or written content (hereinafter: “material”) from the website emmerich-fashion.com.com, the access to social media channels and other services we provide on this website.
- Description of the website and membership
This website also provides an online marketplace for the download of material. This material is available for members to download. The material is subject to this agreement on the download of content. Members may only use the material for a specific purpose if they have given their agreement to the corresponding contract on the downloading of content for such work and on the intended use.
- General conditions and agreements
By using this website, by accessing the “Marketing” section and by giving your consent to this agreement, you also acknowledge and accept these conditions and acknowledge their application to you. If you do not agree to the conditions of this contract, you must stop any and all use of the marketing pages, in full and in part, must no longer access them and must not use any material.
emmerich exclusivbrillen GmbH & Co. reserves the right to amend the conditions of the present agreement in part or in full at any time and any such amendments come into force immediately following their publication on the website. Your continued use of the website following the coming into force of such amendments signals your acceptance and acknowledgment of the amended terms of this agreement. If you do not consent to the amended terms of this agreement, you must stop using the website and may no longer access it. If you can no longer agree with the conditions of use at any time, you must stop using the site and may no longer access the marketing section.
The services provided on this site are only made available to persons and companies and may only be used by those persons entitled to enter into a legally binding contract under current law. Notwithstanding the above, the services on the website are not available to minors (i.e. persons under the age of 18) unless they are under the supervision of a parent or legal guardian and unless said parent or legal guardian has declared that they accept responsibility of the use of the website. Your access to the website may not be sold or otherwise transferred to other natural persons or legal entities. If you utilize the website in behalf of a legal person, you herewith warrant and assure that you are authorized to bind said legal person to the present agreement.
- Use of material
You may only use the material in accordance with the provisions of this contract downloaded from the website. You are not entitled to use, forward, exhibit or process material unless you have concluded a download contract with emmerich exclusivbrillen GmbH & Co. KG. You accept and agree that no rights of ownership in the material are transferred. Only those rights to or on the website are granted that are explicitly granted in the download agreement to be used. You accept and agree that emmerich exclusivbrillen GmbH & Co. KG and/or its licensors retains all rights of ownership in the material and that this material is protected under copyright law, trademark law and other laws relating to intellectual property of emmerich exclusivbrillen GmbH & Co. KG or its licensors.
Optometrists may only use the respective material downloaded such as images, logos, visuals, etc. for those collections/brands for which they are listed at emmerich exclusivbrillen GmbH & Co. KG.
Any use of material of brands/collections not represented is prohibited.
You must observe the listed buy-out information and may only use the image and media material in the indicated time period.
- Restrictions
You accept and agree that you will not use this website in any form or manner that is not permitted within the framework of this agreement or that infringes any legal provisions, conditions or acts of current law.
You are prohibited from acquiring unauthorized access to any hardware systems or software systems or networks connected to the website or to make use of services or access information that emmerich exclusivbrillen GmbH & Co. KG has not explicitly provided for you on or through the website. You are prohibited from acquiring any unauthorized access to the membership account of any other natural person or legal person or to interfere in any way with the use of the website by any other natural person or legal person.
You are prohibited from using the website for fraudulent purposes or in an abusive manner.
- Membership account
You accept and agree that you will keep confidential the membership account provided to you by emmerich exclusivbrillen GmbH & Co. KG and the membership password selected by you and approved by emmerich exclusivbrillen GmbH & Co. KG for use with your membership name and membership account. Your membership name, membership account and membership password are intended only for your personal use and may not be made available to any other natural person or legal person and may not be passed on to them in any other way.
You accept and agree that you bear sole responsibility for the use of your membership account, your membership name and the associated password and that emmerich exclusivbrillen GmbH & Co. KG can consider the use of your membership account, membership name or membership password as conclusive proof that you have used the website.
- Warranties, guarantees and exclusion of liability
In addition to the declarations and warranties provided above, emmerich exclusivbrillen GmbH & Co. KG and you together herewith declare and warrant that you have the right to conclude this agreement.
Damage caused by a direct or indirect use of the material can in no way establish any liability of emmerich exclusivbrillen GmbH & Co. KG. Nor can any liability of emmerich exclusivbrillen GmbH & Co. KG be accepted for any infringement of copyright, personal rights of third parties, trademark rights or other rights or obligations. Claims for damages are excluded to this extent and emmerich exclusivbrillen GmbH & Co. KG is furthermore to be indemnified and held harmless in every respect unless it acted willfully or with gross negligence.
- Validity and termination of the agreement
This agreement is concluded without a time limit provided it is not terminated in accordance with Section 7. It can be terminated at any time by emmerich exclusivbrillen GmbH & Co. KG at its sole discretion, including, but not restricted to, the case of an infringement by you of declarations, warranties or duties under this agreement or in the event of inactivity in using the website. You may terminate this agreement at any time in that you log into your membership account on the website and send a request for termination of the agreement to info@emmerich-fashion.com.com. In the event of a termination of the agreement by emmerich exclusivbrillen GmbH & Co. KG, emmerich exclusivbrillen GmbH & Co. KG undertakes to advise you of the termination of the agreement.
- Miscellaneous
This agreement is subject to and governed by the laws of the Federal Republic of Germany without any consideration of possible collisions with legal principles. Any legal action or legal dispute arising from or in connection with this agreement is to be initiated before a German court having subject-matter jurisdiction and both the non-exclusively downloading member and emmerich exclusivbrillen GmbH & Co. KG accept the personal jurisdiction of such a court and waive all rights possibly accruing to each party to assert a lack of legal jurisdiction or of an inconvenient legal venue.
A waiving of emmerich exclusivbrillen GmbH & Co. KG of the exercise of any powers, priority rights or means under this agreement and any delay by emmerich exclusivbrillen GmbH & Co. KG in the exercise of powers, priority rights or means does not preclude any other or further exercise of these or other powers, priority rights or means. emmerich exclusivbrillen GmbH & Co. KG reserves the right to transfer some or all of its rights or duties arising from this agreement to a third party. You are not authorized to transfer your rights and duties arising from the present agreement to third parties.
This agreement serves the benefit of emmerich exclusivbrillen GmbH & Co. KG and yourself and is binding for emmerich exclusivbrillen GmbH & Co. KG and for you and for any respective legal successor and assignee. None of the rights, legal remedies, obligations or liability claims presented or granted in or by this agreement are explicitly or implicitly intended to be transferred to any natural person or legal person (apart from you and emmerich exclusivbrillen GmbH & Co. KG) or to any respective legal successor and assignee.
Wherever the context requires, a singular use includes the plural and vice versa and any use of male or female gender includes the respective other gender. If one or more provisions of these conditions of use should be ineffective, invalid or not enforceable in law, the remaining provisions will not be affected by this and will remain valid. The provision that is ineffective, invalid or not enforceable in law will be replaced with a provision that comes closest to the commercial intent of the replaced provision. The underlined titles in this agreement only serve for clarity and have no effect on the meaning or interpretation of this agreement.