Privacy Policy

Privacy Policy Clark Toronto

1) INFORMATION ABOUT THE COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE CONTROLLER

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about the handling of your personal data when using our website. Personal data refers to any data that can 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 [Shop Name]. 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.

1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries sent to the controller). You can recognize an encrypted connection by the “https://” in the address bar and the lock symbol in your browser.

2) DATA COLLECTION WHEN VISITING OUR WEBSITE

When you visit our website for informational purposes only, i.e., if you do not register or otherwise provide information to us, we only collect the data that your browser transmits to our server (so-called "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 you visited
  • Date and time of access
  • Amount of data transmitted in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (possibly in anonymized form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are specific indications of illegal use.

3) COOKIES

To make the visit to our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e., after you close your browser (so-called session cookies). Other cookies remain on your device and allow us or our partner companies (third-party cookies) to recognize your browser the next time you visit (persistent cookies). When cookies are set, they collect and process certain user information such as browser and location data as well as IP address values to varying degrees. Persistent cookies are automatically deleted after a specified duration, which may vary depending on the cookie.

Some cookies serve to simplify the order process by storing settings (e.g., remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies we implement, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f GDPR to protect our legitimate interests in ensuring the best possible functionality of the website and a customer-friendly and effective design of the site visit.

We may cooperate with advertising partners who help us make our internet offer more interesting for you. In this case, cookies from partner companies may also be stored on your hard drive (third-party cookies) when you visit our website. If we cooperate with the aforementioned advertising partners, you will be individually informed about the use of such cookies and the scope of the information collected in the following sections.

Please note that you can set your browser to notify you when cookies are set and decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find the instructions for each browser at the following links:

Please note that the functionality of our website may be restricted if cookies are not accepted.

4) CONTACTING US

When contacting us (e.g., via contact form or email), personal data is collected. The specific data collected in the case of a contact form can be seen from the respective contact form. This data is stored and used solely for the purpose of responding to your inquiry or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your inquiry in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after your inquiry has been fully processed, provided that no statutory retention obligations prevent this.

5) DATA PROCESSING WHEN OPENING A CUSTOMER ACCOUNT AND FOR CONTRACT PROCESSING

In accordance with Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. The data collected can be seen from the respective input forms. You can delete your customer account at any time by sending a message to the controller's address mentioned above. We store and use the data you provide for contract processing. After the complete execution of the contract or deletion of your customer account, your data will be blocked with regard to retention periods under tax and commercial law and deleted after these periods have expired, unless you have expressly consented to further use of your data or we have reserved a legally permitted further data use, about which we will inform you accordingly below.

6. Data Processing for Order Handling

6.1 The personal data we collect will be passed on to the shipping company responsible for delivering the goods, to the extent necessary for the delivery. We also share your payment data with the assigned credit institution for the payment process, as necessary for the payment transaction. If we engage payment service providers, we explicitly inform you about this below. The legal basis for sharing the data is Article 6(1)(b) GDPR.

6.2 Use of Payment Service Providers (Payment Service Providers)

  • PayPal When paying via PayPal, credit card via PayPal, direct debit via PayPal, or—if offered—"purchase on account" or "installment payment" via PayPal, we forward your payment details to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), for the purpose of processing the payment. This transmission of data is carried out based on Article 6(1)(b) GDPR, and only to the extent necessary for payment processing.

PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal, or—if offered—"purchase on account" or "installment payment" via PayPal. To this end, your payment data may be forwarded to credit agencies based on PayPal's legitimate interest in determining your solvency, in accordance with Article 6(1)(f) GDPR. The result of the credit check regarding the statistical likelihood of payment default is used by PayPal to decide whether to provide the respective payment method. The credit check may contain probability values (so-called score values). Insofar as score values are included in the result of the credit check, they are based on a scientifically recognized mathematical-statistical procedure. Address data is included in the calculation of the score values.

For more information about PayPal's privacy policy, please visit:
PayPal Privacy Policy

You can object to this data processing by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

  • SOFORT If you choose the "SOFORT" payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"), to whom we pass on the information you provided during the order process, along with the details of your order, in accordance with Article 6(1)(b) GDPR. SOFORT GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). Your data will only be shared for the purpose of payment processing with the payment service provider SOFORT and only to the extent necessary for this purpose.

For more information on SOFORT's privacy policy, visit:
SOFORT Privacy Policy

7. Contact for Review Reminders

We use your email address to remind you once to submit a review of your order using our internal review system, provided you have given us your explicit consent to do so during or after your order, in accordance with Article 6(1)(a) GDPR. You can withdraw your consent at any time by sending a message to the data controller.

8. Use of Social Media: Social Plugins

8.1 Facebook Plugins with Shariff Solution

Our website uses social plugins ("plugins") from the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA ("Facebook").

To enhance the protection of your data when you visit our website, these buttons are not fully integrated as plugins but only incorporated using an HTML link. This type of integration ensures that no connection to Facebook servers is made when you access a page on our website that contains such buttons. Only when you click on the button will a new browser window open and load Facebook's page where you can interact with the plugins (if necessary after entering your login details).

Facebook Inc., based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with the level of data protection in the EU.

For more information about the purpose and scope of data collection and further processing and use of the data by Facebook, as well as your rights and settings to protect your privacy, please refer to Facebook's privacy policy:
Facebook Privacy Policy

8.2 Google+ Plugins with Shariff Solution

Our website uses social plugins ("plugins") from the social network Google+, operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").

To protect your data when you visit our website, these buttons are not fully integrated as plugins but only incorporated using an HTML link. This ensures that no connection to Google's servers is made when you access a page on our website that contains such buttons. Only when you click on the button will a new browser window open and load the Google+ page where you can interact with the plugins (if necessary after entering your login details).

Google LLC, based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with the level of data protection in the EU.

For more information about the purpose and scope of data collection and further processing and use of the data by Google, as well as your rights and settings to protect your privacy, please refer to Google's privacy policy:
Google Privacy Policy

8.3 Instagram Plugin with Shariff Solution

Our website uses social plugins ("plugins") from the Instagram online service, operated by Instagram LLC, 1601 Willow Rd, Menlo Park, CA 94025, USA ("Instagram").

To protect your data when you visit our website, these buttons are not fully integrated as plugins but only incorporated using an HTML link. This ensures that no connection to Instagram's servers is made when you access a page on our website that contains such buttons. Only when you click on the button will a new browser window open and load Instagram's page where you can interact with the plugins (if necessary after entering your login details).

Instagram LLC, based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with the level of data protection in the EU.

For more information about the purpose and scope of data collection and further processing and use of the data by Instagram, as well as your rights and settings to protect your privacy, please refer to Instagram's privacy policy:
Instagram Privacy Policy

9. Online Marketing

9.1 DoubleClick by Google

This website uses the online marketing tool DoubleClick by Google, operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("DoubleClick").

DoubleClick uses cookies to display relevant ads to users, improve campaign performance reports, or prevent a user from seeing the same ads multiple times. Google uses a cookie ID to track which ads are shown in which browser and to prevent them from being displayed more than once. This processing is carried out based on our legitimate interest in optimal marketing of our website, pursuant to Article 6(1)(f) GDPR.

Additionally, DoubleClick can track so-called conversions related to ad requests using cookie IDs. For example, when a user sees a DoubleClick ad and later visits the advertiser's website using the same browser and makes a purchase. According to Google, DoubleClick cookies do not contain personal information.

For more information on DoubleClick's privacy policy, please visit:
DoubleClick Privacy Policy

9.2 Use of Google AdWords Conversion Tracking

This website uses the online advertising program "Google AdWords" and, in the context of Google AdWords, the conversion tracking function provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). We use Google AdWords to advertise our offerings on external websites with the help of advertisements (so-called Google AdWords). This allows us to determine how successful individual advertising measures are in relation to the data from advertising campaigns. Our goal is to display ads that are of interest to you, make our website more attractive to you, and achieve a fair calculation of advertising costs.

The cookie for conversion tracking is set when a user clicks on an ad placed by Google AdWords. Cookies are small text files that are stored on your device. These cookies generally expire after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies cannot be tracked across the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users.

If you do not wish to participate in tracking, you can opt out of this use by disabling the Google conversion tracking cookie via your browser settings. In doing so, you will not be included in the conversion tracking statistics. We use Google AdWords based on our legitimate interest in targeted advertising in accordance with Article 6(1)(f) GDPR.

Google LLC, based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with European data protection laws.

For more information on Google's privacy policy, visit:
Google Privacy Policy

You can permanently disable cookies for ad preferences by blocking them via the browser settings or by installing the browser plug-in available at the following link:
Google Ads Settings

Please note that disabling cookies may limit certain functions of this website.

10. Web Analytics Services

Google (Universal) Analytics

This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses so-called "cookies", which are text files stored on your device, to help analyze how you use the website. The information generated by the cookie about your use of this website (including your truncated IP address) is typically transmitted to and stored by Google on servers in the USA.

This website uses Google Analytics exclusively with the "_anonymizeIp()" extension, which ensures that IP addresses are anonymized by truncating them and prevents direct association with individuals. Through this extension, Google shortens your IP address within member states of the European Union or other contracting states to the Agreement on the European Economic Area before transmitting it to the US. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and shortened there. In such exceptional cases, this processing takes place pursuant to Article 6(1)(f) GDPR, based on our legitimate interest in analyzing user behavior for optimization and marketing purposes.

Google will use this information on our behalf to evaluate your use of the website, compile reports on website activity, and provide other services related to website usage and internet activity to us. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent the storage of cookies by adjusting your browser settings accordingly; however, please note that this may affect the full functionality of this website. You can also prevent Google's collection of the data generated by the cookie related to your use of the website (including your IP address) and Google's processing of this data by downloading and installing the browser plug-in available at the following link:
Google Analytics Opt-Out

As an alternative to the browser plug-in, or for browsers on mobile devices, click on the following link to set an opt-out cookie that will prevent future data collection by Google Analytics within this website (this opt-out cookie works only for this browser and domain). If you delete your cookies in this browser, you will need to click this link again:
Google Analytics Deactivation

Google LLC, based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with European data protection laws.

This website also uses Google Analytics for a cross-device analysis of visitor flows, which is performed using a user ID. When a page is first accessed, a unique, permanent, and anonymous ID is assigned to the user, which is used to track interactions across different devices and sessions. The user ID contains no personal data and is not transmitted to Google.

You can object to the collection and storage of data via the user ID at any time, with effect for the future. To do so, you need to disable Google Analytics on all systems you use, for example, in another browser or on your mobile device.

The deactivation can be done using a browser plug-in from Google:
Google Opt-Out

For more information on Universal Analytics, visit:
Google Universal Analytics

11. Retargeting/Remarketing/Referral Advertising

Facebook Custom Audience using the Pixel Method

This website uses the "Facebook Pixel" from Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA ("Facebook"). If explicit consent is given, this allows the behavior of users to be tracked after they have seen or clicked on a Facebook ad. This process serves to evaluate the effectiveness of Facebook advertisements for statistical and market research purposes and may help optimize future advertising efforts.

The collected data is anonymous to us, so it does not provide us with any information about the identity of users. However, the data is stored and processed by Facebook, allowing it to be linked to the respective user profile, and Facebook may use the data for its own advertising purposes, in accordance with Facebook's data usage policy:
Facebook Data Policy

You can allow Facebook and its partners to display ads on and off Facebook. For these purposes, a cookie may be stored on your device. These processing operations are only carried out with your explicit consent, in accordance with Article 6(1)(a) GDPR.

Consent to the use of the Facebook Pixel may only be given by users over the age of 13. If you are younger, please ask your legal guardians for permission.

Facebook Inc., based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with European data protection laws.

To disable the use of cookies on your device, you can set your internet browser to prevent cookies from being stored on your computer in the future or to delete cookies that have already been stored. Disabling all cookies may limit the functionality of some features on our website. You can also disable the use of cookies by third-party providers such as Facebook on the following website of the Digital Advertising Alliance:
About Ads Choices

Google AdWords Remarketing

Our website uses the functions of Google AdWords Remarketing, which allows us to advertise this website in Google search results and on third-party websites. The provider of these services is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). To do so, Google sets a cookie in your browser, which automatically enables interest-based advertising using a pseudonymous cookie ID and based on the websites you have visited. The processing is carried out based on our legitimate interest in optimizing the marketing of our website in accordance with Article 6(1)(f) GDPR.

Further data processing will only take place if you have consented to Google linking your internet and app browsing history to your Google account and using information from your Google account to personalize ads you see online. In this case, if you are logged into Google while browsing our website, Google will use your data along with Google Analytics data to create and define audience lists for cross-device remarketing. To do this, Google temporarily links your personal data with Google Analytics data to form target groups.

You can permanently disable cookies for advertising preferences by adjusting your browser settings or by downloading and installing the browser plug-in available at the following link:
Google Ads Preferences

Alternatively, you can visit the Digital Advertising Alliance website at:
About Ads Information

Finally, you can set your browser to notify you when cookies are set, allowing you to individually accept or reject cookies for certain cases or generally. Disabling cookies may limit the functionality of our website.

Google LLC, based in the USA, is certified under the EU-US Privacy Shield, which ensures compliance with European data protection laws.

For more information on Google's advertising practices and privacy policy, visit:
Google Privacy Policy

12. Data Subject Rights

12.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) with respect to the controller regarding the processing of your personal data, which we inform you about below:

  • Right of Access pursuant to Art. 15 GDPR: You have the right to request information about your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned retention period or the criteria for determining that period, the existence of a right to rectification, erasure, restriction of processing, or objection to the processing, the right to lodge a complaint with a supervisory authority, the source of your data if it was not collected directly from you, the existence of automated decision-making including profiling and, if applicable, meaningful information on the logic involved, as well as the significance and the envisaged consequences of such processing for you, and your right to be informed about what safeguards exist if your data is transferred to third countries.

  • Right to Rectification pursuant to Art. 16 GDPR: You have the right to request the immediate rectification of any incorrect data concerning you and/or the completion of your incomplete data stored by us.

  • Right to Erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17(1) GDPR are met. However, this right does not exist in particular if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims.

  • Right to Restriction of Processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified, if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of its use, if you require your data for the establishment, exercise, or defense of legal claims after we no longer need this data for the purposes of processing, or if you have objected to the processing on grounds relating to your particular situation, pending the verification of whether our legitimate grounds override your rights.

  • Right to Notification pursuant to Art. 19 GDPR: If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.

  • Right to Data Portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format or to request its transmission to another controller, insofar as this is technically feasible.

  • Right to Withdraw Consent pursuant to Art. 7(3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal, we will promptly delete the data concerned, provided that there is no legal basis for further processing without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

  • Right to Lodge a Complaint pursuant to Art. 77 GDPR: If you believe that the processing of personal data concerning you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, without prejudice to any other administrative or judicial remedy.

13. Right to Object

If we process your personal data based on our overriding legitimate interest, as part of a balancing of interests, you have the right at any time to object to this processing with effect for the future, on grounds relating to your particular situation.

If you exercise your right to object, we will stop processing the affected data. However, further processing may be permitted if we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, fundamental rights, and freedoms, or if the processing serves the establishment, exercise, or defense of legal claims.

If we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes. You may exercise the right to object as described above.

If you exercise your right to object, we will stop processing your personal data for direct marketing purposes.

14. Duration of Storage of Personal Data

The duration of the storage of personal data is determined based on the respective legal retention period (e.g., retention periods under commercial and tax law). After the expiration of these periods, the corresponding data is routinely deleted, provided it is no longer required for the performance or initiation of a contract and/or we no longer have a legitimate interest in further storage.

Contact:
Clark Toronto, support@clark-toronto.com