PRIVACY POLICY
4.1 General Information
ASHES AND SOIL is aware of the importance of protecting your personal data. Below you will find a summary of the categories of data processed by us, the purposes of processing these and the legal basis for data processing.
Data collected when shopping in our webstore or when using our online services
4.1.1 Contact details
When you make an online purchase, we collect your name, address, email address, telephone number, country of residence, date of birth, title (Ms/Mr or other title) and contact information for your social media accounts. Not all information is mandatory to provide when making a purchase. We have marked the mandatory information with the symbol (*) on our website. We use your contact information to (i) process your order and all returns, exchanges and complaints regarding your purchase and (ii) contact you regarding your purchase and to respond to and process any questions or comments you may have about our products or services. The processing of your data is necessary to fulfil our contractual obligations to you under the purchase agreement. Your data shall not be kept longer than is necessary for the purposes listed in this policy.
If you have made an online purchase, we also use your contact details to inform you about special offers or promotions via email or messenger services. The legal basis is our legitimate interest in marketing our products to existing customers. For direct marketing purposes, we may use your contact information for up to 12 months after your last purchase, subject to your continued right to opt-out. You may opt-out of receiving such communications at any time by clicking on the opt-out link included in each communication or by contacting Customer Service at contact@ashesandsoil.com.
4.1.2 Credit card data
If you make an online purchase and decide to pay by credit card, you will need to provide us with your credit card information to complete the purchase. Your credit card data is secured by means of encryption. The processing of your data is necessary in order for us to fulfil our contractual obligations to you under the purchase agreement. Your data shall not be kept longer than is necessary for the purposes listed in this policy.
4.1.3 Purchases and returns
If you have registered for an account, we store information regarding your online purchases and returns. This information includes product information, size, price and date of purchase. We will also store information regarding recently viewed items. By logging in to your personal account, you can keep track of your purchases, returns and recently viewed items. We process the above data based on our legitimate interest in providing the service of a personal account for which you have registered. You can log out at any time via your account settings. We also store information about your previous purchases and returns within 12 months of purchase in order to manage returns and/or complaints. Our aim is to offer our customers a fast and efficient after-sales service, based on our legitimate interest on a legal basis.
4.1.4 National ID card number
If you choose to pay by invoice, you may be required to provide your ID card number. This number will be transmitted directly to our payment service provider and will only be made available to that provider. Your identity card number will be used by our payment service provider to obtain credit information and to process your payment. The legal basis is the necessity of the processing for us in order to ensure an exact identification of our customers for invoicing purposes and to fulfil our contractual obligations to you under the sales contract. Your data shall not be kept longer than is necessary for the purposes listed in this policy.
4.1.5 Members
You may register for ASHES AND SOIL membership by subscribing to the services of ASHES AND SOIL in accordance with the existing membership Terms and Conditions. Membership is completely voluntary and registration for membership is not a requirement for purchasing goods from ASHES AND SOIL. If you wish to become a member, you will enter into a binding contract with ASHES AND SOIL based on the Terms and Conditions of membership.
4.1.6 Data collected during the registration for membership
When you sign up for a membership, we collect your name, address, email address, phone number, country of residence, date of birth, title (Ms/Mr or any other title) and contact information for your social media accounts.
ASHES AND SOIL processes the information to create your personal account and to process your membership, which includes certain features such as sending digital receipts upon request, (ii) sending invitations to special events/promotions, (iii) personalized store services, and (iv) personalized marketing offers via email or other messenger services. The processing of this data is necessary in order to fulfil our contractual obligations to provide you with services in accordance with the terms of membership. Your data shall not be kept longer than is necessary for the purposes listed in this policy.
4.1.7 Customer service
If you have contacted ASHES AND SOIL regarding a complaint, return or question, the email or chat will be retained for as long as necessary to deal with your concern. This includes a post-processing within a 12-month period.
The legal basis for the processing of data depends on the personal data concerned and the specific context, i.e. depending on the nature of the matter for which you contact us. If the processing is carried out on the basis of our contractual obligations according to the sales contract or the membership conditions, the legal basis of the processing is the fulfilment of our contractual obligations. Otherwise, processing in this context (customer service) is based on our legitimate interest in communicating with persons who contact our customer service.
4.1.8 Anonymised data
We also use anonymized data for internal marketing and demographic studies to analyse customer behaviour to enable us to further improve our products and services.
4.1.9 Does ASHES AND SOIL share your information with third parties?
ASHES AND SOIL does not sell or rent customers' personal information to third parties. ASHES AND SOIL may share your information with selected contractors who perform certain functions on our behalf, such as fulfilling or delivering orders, processing payments, running advertising campaigns or data management, operating and maintaining our website, sending emails, sending out our newsletters, customer communications or managing our customer database. Where necessary, the personal information you provide will be processed by these third parties on behalf of ASHES AND SOIL, in accordance with ASHES AND SOIL's instructions. We do not authorise our contractors to process your personal data in any other way.
4.1.10 Rights of the persons affected
In this section 6 we have summarized your rights as a person affected. This concerns your right to information about your personal data, your right to correction, deletion, restriction of data processing as well as your right to object to data processing and to file a complaint with the competent supervisory authority. If you wish to exercise your rights, please send us an email to contact@ashesandsoil.com.
Notwithstanding anything to the contrary in this statement, ASHES AND SOIL reserves the right to store and process your personal data and information in accordance with this Privacy Policy to the extent necessary to perform our contractual obligations to you. It reserves the right to comply with legal obligations, to defend ourselves in our own legal proceedings, to prevent fraud or abuse, or to enforce our Terms and Conditions.
4.1.11 Right to information
You have the right to obtain confirmation from ASHES AND SOIL as to whether personal data concerning you is being processed. If this is the case, you have the right to be informed of this personal data and to receive the following information: the purposes of the data processing, the categories of personal data concerned, the categories of recipients to whom your data is being or has been communicated and the period of time foreseen for which the personal data is to be kept (or the criteria used to determine this period of time). This also includes the right to rectification or erasure of the personal data concerning you or to have processing by ASHES AND SOIL restricted or objected to, the right to appeal to a supervisory authority and the right to obtain information on the existence of automated decision making, including profiling, and, at least cases as such, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject. Furthermore, if the personal data has not been collected from you, you have the right to be informed of any available information about the origin of the data.
4.1.12 Right of rectification
You have the right to ask for correction of incorrect personal data concerning your person and to complete incomplete data.
4.1.13 Right of cancellation
In certain circumstances/the following cases, you are entitled to request the deletion of your personal data or a restriction on the processing of such data:
- when it is no longer necessary for us to process your data in accordance with the purposes for which it was collected;
- if our processing is based on your consent, you have withdrawn your consent and there is no other legal basis for processing your data.
- if our processing of your data is based on a legitimate legitimate interest, you object to such processing and there is no overriding legitimate reason for our processing,
- if you have objected to the processing of your data for direct marketing purposes
- if your personal data have been processed unlawfully,
- if the personal data must be deleted in order to fulfil a legal obligation applicable to us,
- if the personal data collected concerns a child (under the age of 13 years) in connection with the provision of information society services
4.1.14 Right of appeal - direct marketing and profiling
You have the right to object at any time to the processing of your personal data for direct marketing purposes. This objection shall include profiling, if and to the extent that it is related to direct marketing. If you object to the processing of your personal data for direct marketing purposes, including profiling, we will stop any such processing immediately.
4.1.15 Data transferability
If our processing is based on your consent or if the processing is necessary for the performance of a contract with you, you have the right to request the data you have provided in a structured, generally accepted and machine-readable format and also the right to transfer this data to another party responsible.
4.1.16 Right to lodge a complaint with the competent supervisory authority
Please note that you have the right to lodge a complaint with the competent data protection authority in your home country or at the place of the alleged infringement if you believe that the processing of your personal data violates the existing data protection law.
4.1.17 How do I unsubscribe from ASHES AND SOIL newsletters and emails?
If you no longer wish to receive newsletters and other emails from us, you can unsubscribe from these. Simply use the ‘unsubscribe link’, that you will find in all of our newsletters and emails. Alternatively, contact us at contact@ashesandsoil.com to manage your subscription settings.
4.1.18 Consent and revocation
By agreeing to this privacy policy, you confirm that you have read and understood the contents of this privacy policy. This privacy policy is for your information. Should we need your consent for the collection and processing of your personal data, we will explicitly ask you for it separately from this data protection declaration. Should you object to the data processing by us or wish to withdraw your consent, please contact us at contact@ashesandsoil.com.
Please note that your revocation has no effect on such data processing operations which are necessary to fulfil our contractual obligations towards you and/or if we are obliged to process data by law, or if the processing is necessary for the defence in a legal dispute of our own, to prevent fraud or abuse or to enforce our general terms and conditions. In the event of a revocation of your consent, we will not process any data which is exclusively based on your consent.
GUIDELINES FOR MEMBERS
5.1 Membership requirements
The membership is not transferable to other persons and is made with your email address when you register on our website. You must be at least 16 years old. The membership is free of charge.
The provider of the membership is the German company Ashes and Soil GmbH with the registration number HRB 156521.
5.2 Services and advantages for members
After you have registered for membership, you can benefit from the following services:
Invitations to special events and offers: Receive information about our special events and offers via email, your social media account or other messenger services.
Pre-Launch Updates: You will receive exclusive insights into new products, collections and concepts that are being implemented prior to official product releases.
Profile-based marketing: We offer you profile-based marketing offers, tailored to your previous purchases at our store and information about your clothing/purchasing preferences.
Purchase history: You can log into your customer account and view all your purchases.
Access to our affiliate marketing service: You will have access to our exclusive affiliate marketing programs in cooperation with our marketing partners.
5.3 Shipment cancellation
If you no longer wish to receive our newsletter or other mailings, you may unsubscribe at any time by logging into your account or using the unsubscribe link at the bottom of the email.
5.4 Validity and termination of membership
Your membership is valid until further notice. However, if you do not make any purchases from us for a period of 36 consecutive months, your membership will automatically be cancelled and your personal information will be deleted in accordance with our privacy policy. You may cancel your membership at any time by contacting contact@ashesandsoil.com. ASHES AND SOIL reserves the right to cancel your membership if it suspects abuse of the membership.
5.5 Changes to the terms and conditions
We will notify you 30 days in advance of any changes to these terms by posting a notice on our website or by sending you an email (to the email address used for your account). If you do not object to these changes within the 30-day notice period, they will take effect. If required by the data protection law in effcect, we will also seek your consent in the event of material changes in the way we use your personal information.
5.6 Contact
Ashes and Soil GmbH
Kleine Reichenstraße 1
20457 Hamburg
Germany
E-Mail: contact@ashesandsoil.com