Privacy Policy

PRIVACY POLICY

thescottish.shop

Privacy Policy

Last updated: October 15, 2020

PREAMBLE

thescottish.shop (hereinafter “TSS”) respects the privacy and personal rights of its customers and users. When processing personal data in connection with the services it offers, TSS strictly adheres to the legal provisions set forth in the EU General Data Protection Regulation and other applicable laws. With this Privacy Policy, TSS therefore provides detailed information about what data is collected when you visit the website and use the services offered there, and how this data is subsequently processed or used. TSS is responsible for the processing and has implemented numerous technical and organizational measures to ensure the most comprehensive possible protection of the personal data processed through the website.

By agreeing to the following Privacy Policy, the customer/user consents to TSS’s collection, processing, storage, and use of personal data, in compliance with data protection laws and the provisions set forth below.

1. CONTROLLER/DATA PROTECTION OFFICER

Verantwortlicher für die Verarbeitung Ihrer personenbezogenen Daten ist die thescottish.shop, Lindenstraße 13, 15566 Schöneiche bei Berlin, Geschäftsführer: Craig Stevenson; USt.-Id. DE329030471.

If the user/customer wishes to object to the collection, processing, or use of personal data by TSS in accordance with this Privacy Policy—either in general or with respect to specific actions—he or she may submit the objection via email or letter to the following contact information:

thescottish.shop

Lindenstraße 13

15566 Schöneiche bei Berlin

Phone: +49(0)170 899 2171

Email: craig.stevenson [@] thescottish.shop

In addition, the user/customer may also obtain information at any time, free of charge, regarding the data stored by TSS.

A data protection officer has not been appointed at this time, as the minimum requirements for such an appointment have not been met.

2. DATA TRANSMISSION SECURITY

To protect the security of personal data during transmission, TSS uses state-of-the-art SSL encryption methods. Encrypted data transmission can be identified by the “https://www.thescottish.shop” at the beginning of the browser address bar. Personal data includes, for example, the user’s or customer’s name, address, or email address, as well as other information provided during registration and when creating an optional customer account.

3. HOW THE DATA IS USED

3.1 COOKIES

Cookies are text files that are stored on a computer and enable an analysis of website usage. For example, information is collected about the operating system, the browser, your IP address, the website previously visited by the user/customer (referrer URL), as well as the date and time of the visit to https://www.thescottish.shop. Cookies make it possible to determine which websites are most frequently visited. This allows TSS to better tailor the content of its own pages to the needs of visitors and optimize its existing offerings. In addition, this information is used to automatically recognize a user/customer upon their next visit to https://www.thescottish.shop and to facilitate navigation. For example, cookies allow the user to remain logged in permanently, eliminating the need to re-enter login credentials.

Cookies cannot be used to launch programs or transfer viruses to a computer.

It is possible to use the TSS website without cookies. If the user/customer does not want their computer to be recognized, they can prevent cookies from being stored on the hard drive by selecting “Do not accept cookies” in their browser settings. For detailed instructions on how this works, please refer to the browser manufacturer’s guide. If cookies are not accepted, this may result in limited functionality of the services offered on the TSS website. Cookies already stored on a computer can be deleted at any time. Alternatively, cookies from the TSS domain can be blocked. However, TSS notes that this may prevent you from fully utilizing all features of https://www.thescottish.shop.

3.2 Server Data / Server Log Files

For technical reasons, the following data—among other things—that an Internet browser transmits to TSS or its hosting partner is collected. This data includes:

• Browser type and version
• Operating system used
• Website from which a user/customer visits us (referrer URL)
• Website being accessed
• Date and time of access
• Internet Protocol (IP) address.

This anonymous data is stored separately from any personal data that may have been provided and cannot be linked to specific individuals. It is analyzed for statistical purposes to help optimize the website and its offerings. TSS reserves the right to review this data at a later date if concrete evidence of unlawful use comes to light.

3.3 NEWSLETTER

Through its newsletter, TSS provides regular updates about the company and its current offers. The so-called double opt-in procedure is used to subscribe to the newsletter; that is, newsletters are sent via email only after the user/customer confirms in the notification email—by clicking a link—that they wish to receive our newsletter. No other data is collected. Data is not shared with third parties.

When you subscribe to the TSS newsletter, your IP address and the date of your subscription are stored. This information is stored solely as evidence in the event that a third party misuses an email address and subscribes to the newsletter without the rightful owner’s knowledge.

TSS newsletters contain so-called web beacons, which can be used to determine whether and when an email has been opened. In addition, link clicks within the newsletter are tracked. TSS stores this data so that newsletters can be optimally tailored to the preferences and interests of subscribers. Accordingly, the data collected in this way is used to send personalized newsletters to the respective recipients.

Consent to the storage of your data and email address, as well as their use for sending the newsletter, may be revoked at any time. By revoking your consent to receive the newsletter, you also revoke your consent to the aforementioned tracking. You may revoke your consent by contacting us using the contact information listed in Section 1 of this Privacy Policy. You can also unsubscribe from the newsletter at any time by clicking the unsubscribe link at the end of each newsletter.

3.4 PRODUCT RECOMMENDATIONS VIA E-MAIL

As a TSS customer, you will receive product recommendations via email from time to time. You will receive these from us regardless of whether you have subscribed to a newsletter. In this way, TSS aims to provide information about products from its current lineup that may be of interest to you based on your recent purchases and any wish list you have on TSS. We strictly adhere to all legal requirements in doing so.

If you no longer wish to receive product recommendations or any promotional messages at all, you may opt out at any time. To do so, simply send a written notice to the contact information listed in Chapter 1 (by mail or email). Of course, every email includes an unsubscribe link.

3.5 CONTACT FORM

On its website, TSS offers the option to contact the company via email and/or a contact form. The email address is used solely to process the inquiry and for any follow-up questions.

3.6 GOOGLE SERVICES

The TSS website uses the following services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA:

3.6.1 Web Analytics with Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We have entered into a data processing agreement with Google and fully comply with the legal requirements regarding the use of Google Analytics.

This website uses the “Enable IP Anonymization” feature. In this case, Google truncates the IP address within the member states of the European Union or in other signatory states to the Agreement on the European Economic Area, thereby anonymizing it. Only in exceptional cases is the full IP address transmitted to a Google server in the United States and truncated there.

Cookies are used, for example, to collect information about the operating system, the browser, the IP address, the website previously visited by the user/customer (referrer URL), and the date and time of the visit to the website. The information generated in this way regarding the use of the website is transmitted to a Google server in the United States and stored there. Google will use this information to evaluate the use of the website, to compile reports on website activity for the website operators, and to provide other services related to website and internet usage. To the extent required by law or where third parties process this data on Google’s behalf, Google will also disclose this information to such third parties. This data is used in an anonymized or pseudonymized form. Further information on this can be found directly on Google’s website.

For more information on how Google Analytics handles user data, please see Google's Privacy Policy: support.google.com/analytics/answer/6004245?hl=de

You can prevent the collection by Google of data generated by the cookie and related to your use of the website (including your IP address), as well as the processing of this data by Google. Please note, however, that in this case you may not be able to use all features of this website to their full extent.

In the corresponding settings overview of the browser software

Click the following link: Disable Google Analytics

An opt-out cookie is set to prevent the future collection of data when you visit this website: This prevents Google Analytics from collecting data for this website and for this browser in the future, as long as the cookie remains installed in the browser.

3.6.2 GOOGLE CONVERSION TRACKING

If a user or customer accesses the website via an ad placed by Google, Google AdWords sets a cookie on the customer’s computer. This cookie expires after 30 days and is not used for personal identification. If a user or customer visits certain pages on the TSS website and the cookie has not yet expired, TSS and Google can recognize that this user clicked on an ad placed on Google and was redirected to our site. Google uses the information collected via these cookies to generate visitor statistics for TSS. Through these statistics, TSS learns the total number of users who clicked on a specific ad, as well as which pages of the website were subsequently visited by each user. However, TSS and other advertisers using “Google AdWords” do not receive any information that could be used to personally identify users.
Google’s privacy policy regarding this matter can be found here.

You can prevent cookies from being installed by adjusting your browser settings accordingly—for example, by enabling a setting that generally disables the automatic placement of cookies or, specifically, blocks only cookies from the "googleadservices.com" domain.

3.6.3 GOOGLE REMARKETING

This service allows ads to be served to users/customers who have previously visited the TSS website.

Within the Google Display Network, this allows ads tailored to the user’s or customer’s interests to be displayed on the website. Google Remarketing uses cookies for this analysis. This makes it possible to recognize visitors as soon as they access pages within the Google Display Network. In this way, ads can be displayed within the Google Advertising Network that are based on content the visitor has previously viewed on websites within the Google Advertising Network that also use Google’s remarketing feature. According to Google, it does not collect any personal data in this process. You can disable this feature by adjusting the relevant settings at google.com/settings/ads. Alternatively, you can opt out of the use of cookies for interest-based advertising through the Network Advertising Initiative by following the instructions at networkadvertising.org/managing/opt_out.asp.

3.6.4 GOOGLE MAPS

Each time the “Google Maps” component is called up, Google sets a cookie to process user settings and data when the page on which the “Google Maps” component is embedded is displayed. This cookie is generally not deleted when the browser is closed but expires after a certain period of time, unless the user/customer deletes it manually beforehand.
If you do not consent to this processing of data, you have the option to disable the “Google Maps” service and thereby prevent the transfer of data to Google. To do so, you must disable the JavaScript function in the browser you are using. Please note that in this case, “Google Maps” cannot be used at all or only to a limited extent.
The use of “Google Maps” and the information obtained through “Google Maps” is governed by Google’s Terms of Service google.de/intl/de/policies/terms/regional.html as well as the additional terms and conditions for “Google Maps” google.com/intl/de_de/help/terms_maps.html.

3.6.5 GOOGLE TAG MANAGER

TSS uses Google Tag Manager, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is used exclusively to manage website tags via a user interface and does not set any cookies itself; it does not collect any personal data. The tool triggers other tags, which may in turn collect data—however, these tags are only triggered after the appropriate consent has been given. If a tag has been disabled at the cookie or domain level, this setting remains in effect for all tags integrated via Google Tag Manager.

3.7 FACEBOOK SERVICES

TSS uses the following communication tools provided by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland (hereinafter “Facebook”) on some of the pages of its website.

3.7.1 Facebook Pixel Website Custom Audiences

The tool makes it possible to deliver ads within Facebook that are tailored to the interests of users/customers. Essentially, a non-reversible and non-personally identifiable checksum (hash value) is generated from the usage data, which can be transmitted to Facebook for analysis and marketing purposes. Content delivery is therefore anonymous and based solely on encrypted values, where a specific value always generates a specific identification value without sending the plaintext data to TSS or Facebook. Data is transmitted via TLS (Transport Layer Security). For the Website Custom Audiences product, the Facebook cookie is used.

Further information about the purpose and scope of data processing and Facebook’s use of the data, as well as privacy settings, can be found in Facebook’s Privacy Policy, which is available at facebook.com/ads/website_custom_audiences and facebook.com/privacy/explanation, among other places. If you wish to opt out of Facebook’s Website Custom Audiences, you can do so in your personal Facebook account settings here.

3.7.2 Facebook "Like" Button

TSS integrates the Facebook “Like” button. An overview of the Facebook plugins can be found here. Each time a user visits a webpage that includes such a component, that component causes the user’s browser to download a corresponding representation of the component from Facebook. This process notifies Facebook of the specific page within https://www.thescottish.shop that the user/customer is currently visiting. If the TSS website is accessed while a user/customer is logged into Facebook, Facebook uses the information collected by the component to identify which specific page is being visited and associates this information with the user’s personal Facebook account. For example, if you click the “Like” button or post comments, this information is transmitted to your personal Facebook account and stored there. In addition, the fact that our website has been visited is shared with Facebook. This occurs regardless of whether you click on the component or not.

Please note that TSS, as the provider of this website, has no knowledge of the content of the data transmitted or how Facebook uses it. Further information on this can be found in Facebook’s Privacy Policy. If you do not want Facebook to associate your visit to this site with your personal Facebook account, you can log out of your Facebook account beforehand.

3.8 YOUTUBE

TSS uses components provided by YouTube, LLC, 901 Cherry Ave., 94066 San Bruno, CA, USA, a subsidiary of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA. In doing so, TSS utilizes the “enhanced privacy mode” option provided by YouTube.

When a page containing an embedded video is accessed, a connection is established with YouTube’s servers, and the content is displayed on the website by sending a request to the respective browser. According to YouTube, in “enhanced privacy mode,” only data regarding which pages on the TSS website were visited when the video was viewed is transmitted to YouTube’s servers. If the user/customer is logged into YouTube at the same time, this information is associated with their YouTube account. This can be prevented by logging out of the YouTube account before visiting the TSS website. Additional information regarding YouTube’s privacy policy has been provided by Google here.

3.9 AFFILIATE MARKETING

TSS uses affiliate tracking cookies to accurately track sales and/or leads (website visitors acquired through online marketing activities). These affiliate tracking cookies do not store any personal data. Instead, they only record the identification number of the referring partner and the serial number of the advertising material clicked by the user/customer. This information is required for payment processing between the website operator and TSS. When a transaction is completed, the partner identification number is used to assign the commission payable to the referring partner.
The installation of cookies can be prevented by adjusting the settings in your browser software; however, please note that in this case, you may not be able to use all features of the website to their full extent.

3.10 PAYMENT SERVICE PROVIDERS

Data may be transferred to one of the following payment service providers, as specified during the ordering process. Payment can only be made using the online payment methods listed in the store.

3.10.1 PAYPAL

When paying via PayPal, data related to the order is shared with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. TSS does not have access to the customer’s bank account information. Further information on PayPal’s privacy policy can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

3.10.2 SHOPIFY PAYMENTS

Bei Bezahlung mittels Debitkarten, Maestro, Kreditkarten, Klarna, Sofort, Kauf auf Rechnung, GPay, ApplePay werden Daten im Rahmen der Bestellung an die Shopify International Limited, Victoria Buildings, 2. Etage, 1-2 Haddington Road, Dublin 4, D04 XN32, Irland („Shopify“) und Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Kanada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc. oder Shopify (USA) Inc., weitergegeben. TSS kommt dabei mit den Daten der Bankverbindung des Kunden nicht in Kontakt. Weitere Informationen zum Datenschutz von Shopify findet man auf https://www.shopify.de/legal/datenschutz.

3.11 SHIPPING PROVIDERS

TSS works with the following shipping providers, to which personal data—necessary solely for order processing—is transmitted depending on the order: DHL, DPD, Hermes, UPS, FedEx.

3.12 USER REGISTRATION

Users can register at https://www.thescottish.shop. The personal data voluntarily provided by a user or customer—such as name, address, date of birth, and email address—is processed for the purpose of using the service.

In the event of significant changes—such as changes to the scope of services or technically necessary adjustments—the email address provided during registration will be used to notify the user.

Registered users have the option to change or have the data provided during registration deleted at any time, as needed. We will be happy to correct this information or delete it at the user’s or customer’s request, provided that no legal retention requirements prevent us from doing so. To do so, please use the contact information provided on this page under Section 1 of this Privacy Policy.

When you register on the TSS website, your IP address, as well as the date and time of registration, are also stored. This serves as a safeguard for the operator in the event that a third party misuses the data and uses it to register on the website without the user’s or customer’s knowledge. This information is not disclosed to third parties.

3.13 GUEST ORDER

You have the option to place orders as a guest. If you choose this ordering method, you do not need to register before placing an order. You will need to re-enter your information for each subsequent order. TSS collects, processes, stores, and uses the information provided during a guest order for the purpose of fulfilling the contract.

3.14 CUSTOMER / CONTRACT INFORMATION

Personal data is processed only to the extent necessary to establish, define the terms of, or modify the legal relationship (master data). Personal data regarding the use of the TSS website (usage data) is processed to the extent necessary to enable the user/customer to use the service or to bill them for it.

3.15 Trustpilot Reviews

To collect, display, and promote customer reviews, TSS uses the “Trustpilot” service, provided by Trustpilot A/S, Pilestræde 58, 5th Floor, 1112 Copenhagen K, Denmark, registration number (CVR) 30 27 65 82. The Trustpilot widget is integrated into https://www.thescottish.shop for this purpose.

When the widget is accessed, the web server automatically saves a so-called server log file, which contains, among other things, the IP address, the date and time of the access, the amount of data transferred, and the requesting Internet service provider. This access data is not analyzed and is automatically overwritten no later than seven days after the end of your visit to the site.

In addition, after an order is completed, we transmit your name, email address, and order and product information to Trustpilot so that you can be invited to submit a review. The legal basis for integrating the widget and sending review invitations is our legitimate interest in optimizing the marketing and improvement of our offerings in accordance with Article 6(1)(f) of the GDPR. You may object to receiving review invitations at any time; to do so, simply contact us using the contact information provided in Section 1 of this Privacy Policy.

Trustpilot processes the data collected in connection with a review as an independent data controller within the meaning of the GDPR; in this regard, the contractual agreement between you and Trustpilot and Trustpilot’s Privacy Policy, available at https://de.legal.trustpilot.com/end-user-privacy-policy, apply. To the extent that personal data is transferred to a country outside the EU or the EEA, this is done on the basis of appropriate safeguards, in particular the European Commission’s Standard Contractual Clauses (Art. 46 GDPR).

3.16 JUDGE.ME PRODUCT REVIEWS

In addition to Trustpilot, TSS uses the “Judge.me” service, provided by Judge.me Limited (hereinafter “Judge.me”), to collect, manage, and display product and store reviews. Judge.me allows customers to submit a review of the products they have purchased after a transaction and displays these reviews on https://www.thescottish.shop.

To this end, after an order is completed, the following personal data is transmitted to Judge.me and processed there on our behalf: the name provided during checkout or the display name chosen for the review, the email address, order and product information, as well as the review content voluntarily provided by the customer (star rating, review text, and any uploaded photos). Judge.me sends automated emails on our behalf requesting that a product review be submitted.

Data processing is carried out to safeguard our legitimate interests in displaying customer reviews and improving our services in accordance with Article 6(1)(f) of the GDPR. A data processing agreement has been concluded with Judge.me in accordance with Article 28 of the GDPR. To the extent that personal data is transferred to a country outside the EU or the EEA, this is done on the basis of appropriate safeguards, in particular the European Commission’s Standard Contractual Clauses (Article 46 of the GDPR).

The customer may opt out of receiving review requests at any time; to do so, simply send a message to the contact information listed in Section 1 of this Privacy Policy or use the unsubscribe link in the respective email. For more information about data protection at Judge.me, please visit https://judge.me/privacy.

3.17 JOB POSTINGS

If you wish to apply for a position at TSS, your application data will be processed electronically by TSS, among other means, for the purpose of handling the application process. In particular, the processing is carried out electronically if the application documents have been submitted to TSS electronically, for example via email.

If an application is followed by the execution of an employment contract, the data provided may be stored by TSS in a newly created personnel file for the purposes of standard organizational and administrative processes, in compliance with the relevant legal regulations.

If a job application is rejected, the submitted data will be automatically deleted two months after notification of the rejection.

This does not apply if longer retention is necessary due to legal requirements (such as the burden of proof under the General Equal Treatment Act) or if the applicant has expressly consented to longer retention.

4. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

TSS processes personal data only to the extent necessary to establish, define the terms of, or modify the legal relationship; when a statutory provision requires the processing of personal data; or when the user/customer has expressly consented to such processing.

5. PROCESSING BASED ON LEGITIMATE INTERESTS

To protect other legitimate interests, TSS is legally permitted to process personal data, provided that the interests or fundamental rights and freedoms of the data subject do not take precedence.

6. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

Personal data will be disclosed or transferred to third parties only if this is necessary for the purpose of fulfilling the contract—in particular, the disclosure of order data to suppliers—or for billing purposes, or if the user/customer has given prior consent.

Data will not be disclosed to third parties without express consent, for example for advertising purposes. All service providers are required to comply with applicable data protection requirements.

7. Retention Period for Personal Data

TSS stores personal data in accordance with legal requirements and for as long as necessary to perform a service requested by the user/customer or for which the user/customer has given consent, unless there are legal obligations to the contrary, such as retention periods under commercial and tax law.

8. USER/CUSTOMER RIGHTS REGARDING DATA PROTECTION

8.1 INFORMATION

The user/customer has the right at any time to request information about the personal data stored about them, including its source, the recipients to whom the data is disclosed, and the purpose of the data processing.

8.2 CORRECTION

The user/customer has the right to request that we immediately correct any inaccurate personal data concerning him or her, or complete any incomplete personal data, taking into account the purposes of the processing.

8.3 DELETION

Stored personal data will be deleted if the user/customer revokes their consent to its storage, objects to the processing of personal data, the retention of the data is no longer necessary to fulfill the purpose for which it was stored, or if storage is prohibited by law.

8.4 RESTRICTION OF PROCESSING

If the user/customer disputes the accuracy of the personal data stored about him or her, or if the personal data is needed to assert, exercise, or defend legal claims but is no longer required by TSS, the user/customer may request that the processing of the personal data be restricted.

The user/customer may also request that the processing be restricted for the period from the time an objection to the processing is filed until a decision is made on whether to grant the objection.

If the processing of personal data has been restricted, such data will no longer be processed.

8.5 OBJECTION

If TSS processes personal data on the basis of a legitimate interest (either its own or that of a third party), or if the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, the user/customer has the right to object to the processing at any time on grounds relating to his or her particular situation.

In the event of an objection, TSS will no longer process the personal data unless TSS can demonstrate compelling legitimate grounds that override the interests, rights, and freedoms of a user/customer, or unless the processing is necessary for the establishment, exercise, or defense of legal claims.

The right to object applies equally to direct marketing and related profiling.

8.6 CANCELLATION

The user/customer has the right to withdraw any consent given for the use of data at any time. The lawfulness of the processing carried out on the basis of that consent up until the time of withdrawal remains unaffected.

8.7 FILING A COMPLAINT WITH A REGULATORY AUTHORITY

Without prejudice to any other administrative or judicial remedy, you have the right to file a complaint with a data protection supervisory authority if you believe that the processing of your personal data violates the GDPR. The Berlin Commissioner for Data Protection and Freedom of Information is one of the competent authorities.

9. DISCLOSURE AND NON-DISCLOSURE OF PERSONAL DATA

www.thescottish.shop can be visited and used without providing any personal information. TSS does not store any personal data in this context. However, please note that in this case, not all features of the website can be used to their full extent. To ensure continuous improvement of our services, TSS analyzes only statistical data that does not allow for the identification of any individual.

10. CHANGE OF PURPOSE IN THE PROCESSING OF PERSONAL DATA

If TSS intends to further process personal data for a purpose other than the one for which the personal data was collected, TSS will promptly inform the user/customer of this other purpose prior to such further processing.

11. DISCLOSURE OF DATA TO THIRD PARTIES AND NON-EU COUNTRIES

To the extent that we transfer personal data to service providers in third countries (in particular the United States and Canada)—such as the providers listed in Section 3—this is done only on the basis of an adequacy decision by the European Commission, appropriate safeguards such as the Standard Contractual Clauses (Art. 46 GDPR), or your express consent.

12. MINORS

TSS expressly states that minors may not submit any personal data on TSS’s websites without the explicit consent of a parent or legal guardian. TSS does not explicitly request, collect, store, or disclose personal data from minors.

13. CHANGES TO THE PRIVACY POLICY

TSS reserves the right to modify its security and data protection measures to the extent necessary due to legal and/or technical developments. In such cases, the information regarding data protection will also be updated accordingly. Please be sure to always refer to the most current version of our Privacy Policy.