DATA PRIVACY STATEMENT

1. GENERAL

As the operator of this website, NEW YORKER would like to use this Data Privacy Statement to explain to you which type of data we process. This Data Privacy Statement applies only to the NEW YORKER websites and to the NEW YORKER apps. It does not apply to other websites or to websites to which these websites are linked.

1.1 Personal data

When you visit our website, we do not generally require any personal data from you. We only take note of information about the name of your Internet service provider, web browser and operating system used, the IP address assigned by your Internet service provider, files requested, data volume transferred, downloads, file export and information about the websites that you access from us, including date and time. The IP address is processed for technical reasons and for legal protection. This is usually done via cookies and log files.

We collect and use your personal data only to enable the services you request (e.g. when signing up to the e-mail newsletter), for the execution of contracts (e.g. ordering a gift voucher) and to ensure that our website is presented to you in the most effective, comprehensible and interesting manner possible.

Data that we collect in the course of your use of our websites will only be processed for the stated purposes. NEW YORKER’s legitimate interest in collecting data from the Internet service provider is based on its interest in better protecting itself from future Internet attacks and optimising its own marketing. We generally observe the principle of data economy and data avoidance by marking mandatory fields with an asterisk (*) and optional additional information does not need to be provided.

Personal data will be processed in accordance with the applicable legal provisions (Art. 6 I 1 b) and f) EU GDPR) or on the basis of your consent or in order to decide on the establishment of an employment relationship if you apply for a position with us (Art. 6 I 1 a) and b), 88 I EU GDPR).

1.2 Transfer of data to third parties

There is generally no transmission of personal data to third parties outside the companies of the NEW YORKER Group, but in exceptional cases your data may also be forwarded in the scope of data processing.

1.3 Data security

NEW YORKER makes every effort to protect the data of our customers, applicants, employees, interested parties and suppliers against accidental or intentional manipulation, loss, destruction or access by unauthorised persons. Although the transmission of data via the Internet is not completely secure, we have taken appropriate technical and organisational measures to protect your data, which are continuously checked and adapted to new security standards. If you send us your data electronically by entering it on our website, your data will be transmitted, stored and secured in encrypted form via a secure, state-of-the-art connection. The servers we use are all located in Germany or in the European Union.

1.4 Children’s use of online services

Persons under 16 years of age may not transmit any personal data to us and/or submit a declaration of consent without the consent of their legal guardians. We encourage parents and guardians to actively participate in their children’s online activities and interests.

2. NEW YORKER’s WEBSITE

The website of NEW YORKER is provided by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement.

2.1 Cookies

Our websites use so-called “cookies”. They serve to make our offer more user-friendly and effective. Cookies are small text files that are filed on your computer and stored locally on your hard drive by your browser. By means of these cookies we can display the website contents according to your needs as a user. In addition, cookies enable us to measure the success of a particular advertisement and, for example, show you advertisements based on certain user interests.

We only create cookies after your confirmation (opt-in). Most of the cookies we use are so-called “session cookies”. These are automatically deleted after your visit. Even if no cookies are used, the offers of our websites can be used without restrictions (exception: configurators).

If you do not wish to use browser cookies, you can set your browser so that storing cookies are not accepted. If you only want to accept our own cookies, but not those of our service providers and partners, you can select the setting “Block third party cookies” in your browser.

2.2 Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google uses cookies that are stored on your computer and can analyse your use of the website. The information generated in this way is usually stored on a Google server in the USA and saved there. However, if you enable IP anonymisation on this website, your IP address will be shortened by Google prior to transmission. Exceptionally, the full IP address can also be transferred to the USA and then shortened there. Google uses this information to evaluate the use of the website for us and to provide associated services for us. Your IP address transmitted in this way will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that this may limit the functionality of the website. Furthermore, you can prevent the processing of data generated by the cookie by installing the plug-in available at tools.google.com/dlpage/gaoptout. If your browser does not support this link (e.g. when accessing the site from a smartphone), you can set a cookie by clicking on developers.google.com/analytics/devguides/collection/gajs/ to prevent future collection of your data when you visit this website.

2.3 Facebook, Twitter, Google+, YouTube, Pinterest, Instagram

On our website you will find links to the social media services of Facebook, Twitter, Google+, YouTube, Pinterest and Instagram. Links to the websites of the social media services can be recognised by the respective company logo. If you follow these links, you will reach NEW YORKER’s corporate presence at the respective social media service. When clicking on a link to a social media service, a connection to the servers of the social media service is established. This transmits to the servers of the social media service that you have visited our website. In addition, further data is transferred to the provider of the social media service. These include, for example the address of the website on which the activated link is located, the date and time when the website was accessed or the link was activated, information on the browser used, the operating system used and the IP address

If you are already logged in to the relevant social media service when the link is activated, the social media service provider may be able to determine your user name and, if applicable, even your real name from the transmitted data and assign this information to your personal user account at the social media service. You can exclude this possibility of assignment to your personal user account by logging out of your social media service account beforehand. The servers of social media services may be located in the USA and other countries outside the European Union. The data can therefore also be processed by the provider of the social media service in countries outside the European Union. Please note that companies in these countries are subject to a data protection law that generally does not protect personal data to the same extent as is the case in the Member States of the European Union. Please note that we have no influence on the extent, type and purpose of data processing by the provider of the social media service. For more information on the use of your data by the social media services included on our website, please refer to the privacy policy of the respective social media service.

2.4 AddThis Plugin

Our website uses so-called social plugins (“plugins”) of the bookmarking service AddThis, which is operated by AddThis LLC, Inc. 8000 Westpark Drive, Suite 625, McLean, VA 2210, USA (“AddThis”). The plugins are usually marked with an AddThis logo, for example in the form of a white plus sign on an orange background. An overview on the AddThis plugins and their appearance can be found here: www.addthis.com/get/sharing. If you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of AddThis. The content of the plugin is transmitted by AddThis directly to your browser and integrated into the page. Through the integration, AddThis receives the information that your browser has accessed the corresponding page of our website and stores a cookie on your end device to identify your browser. This information (including your IP address) is transmitted directly from your browser to an AddThis server in the USA and stored there. AddThis uses the data to create anonymous user profiles, which serves as a basis for a personalised and interest-related advertising campaign to the visitors of Internet pages with AddThis plugins. The purpose and scope of data collection and the further processing and use of the data by AddThis can be found in the AddThis privacy policy: www.addthis.com/privacy/privacy-policy. If you wish to object to data collection by AddThis in the future, you can set an opt-out cookie which you can download under the following link: www.addthis.com/privacy/opt-out. You can also completely prevent the AddThis plugins from loading with add-ons for your browser, e.g. with the script blocker “NoScript” (http://noscript.net).

3. NEW YORKER ONLINE JOB APPLICATION

We offer you the opportunity to apply for job offers quickly and easily online via our website (https://jobs.newyorker.de). In order to process your application, we require certain information, other information is voluntary. The mandatory fields are marked with an asterisk (*). This data belongs to the data categories of personal identification, qualification, address and applicant data. If you do not provide us with the required information, you unfortunately cannot apply to NEW YORKER. If you simply provide us with the mandatory information and do not provide any further information, this will not adversely affect your application process. We will only use your details to process your application. The processing of personal data is based on your consent or on the decision to establish an employment relationship (Art. 6 I 1 a) and b), 88 I EU GDPR).

If you give your consent, we will forward your application to other group companies and/or transfer your data to a talent pool which we use for job advertisements. Within the framework of a trusting application procedure via our website, we process your data exclusively for application purposes, such as the selection of applicants or the arrangement of job interviews. The data collected enables us to evaluate and contact candidates for current or (if the candidate has consented to being entered in the talent pool) future positions. The data entered and transmitted by you can only be viewed by the responsible employees of our human resources departments and by those employees of the specialist departments and representatives of any committees involved (works council, representatives for the severely disabled) who are involved in filling the respective position. Exceptionally, your data may also be passed on within the scope of data processing in the NEW YORKER Group.

Under no circumstances will we make an exclusively automated decision about filling a vacancy. The data you enter can be used for statistical purposes. However, this is anonymised information that does not allow any conclusions to be drawn about the identity of a particular user, meaning youpersonally cannot be identified. After completion of the application process (hiring or rejection) your application documents will be stored for 6 months and subsequently made anonymous. Any further storage will only take place with your prior consent.

The NEW YORKER company which has advertised the post is responsible for the job application and the relevant data collection. You can find the contact details in the respective job advertisement.

3.1 Talent pool

If you upload your application documents to the talent pool, we may, with your consent, grant other companies of the NEW YORKER Group direct access to your data for the purpose of filling vacancies. In this way, we want to ensure that even if you receive a rejection for the job you applied for, we can contact you if you are eligible for another job. Of course, you will not suffer any disadvantages if you do not allow inclusion in our talent pool.

If you have given your consent to the talent pool, your data will be stored for 12 months. However, we would like to inform you that we do not automatically add every applicant to the talent pool who has given his or her consent. We only transfer your data to the talent pool if there is any need on our part.

3.2 Data transfer to third parties using the online application tool

The application tool is provided and hosted by a partner based within the European Union as part of an order processing transaction. NEW YORKER has commissioned the partner in accordance with the data protection regulations.

3.3 Additional information to the application form

By providing your data in the application form, they will be forwarded to the company that advertises the application. If you send us your data electronically by entering it on our website, your data will be transmitted, stored and secured in encrypted form via secure, state-of-the-art connection.

3.4 Underage applicants

Data protection also plays a special role for us when we advertise jobs that could also be suitable for underage applicants, such as apprenticeships, internships or positions for dual studies. If you have not yet reached the age of 16, we require the consent of your legal guardian according to the law. You hereby confirm that you are at least 16 years old or, if you are younger, that in this case your guardians agree to your application to NEW YORKER.

3.5 Facebook Recruiting

If you found the NEW YORKER recruiting page via our Facebook advertising, we will need the following information from you for your application: Name, form of address, date of birth, e-mail address, mobile phone number, scope of employment, preferred location, experience in sales or the fashion industry and details of your CV. Optionally, you can also upload a photo of yourself. If you log in via your Facebook profile or your NEW YORKER customer profile, some of this information will automatically be transferred to the application form during registration. If some information is missing in your profile, you can add it.

If we find that you could be suitable for the position, we will transfer you to our application system (for more information, see “Online Application”). If we do not have a suitable position for you at the moment, we will delete your data.

The processing of personal data takes place within the scope of your consent in order to decide on the establishment of an employment relationship (Art. 6 I 1 a) and b), 88 I EU GDPR).

4. NEW YORKER APP (APPLE IOS / GOOGLE ANDROID)

NEW YORKER uses the app to register the end device and the call or use of the respective service by the system. Each access to our app is logged on servers. The storage serves for internal system-related and statistical purposes. The following information is logged: IP address, name of the Internet provider, the app pages visited, name of the file accessed, date, time, amount of data transferred, notification of successful access and browser or operating system version. We will collect, process and use all personal data gathered from you in the course of using the app only for the stated purpose. We only collect personal data if you provide it to us when using the app. If the function has been activated by you, the app collects your location data via GPS. This allows you to find NEW YORKER stores near you and the app allows you to inform you offers or news regarding NEW YORKER stores in your area. The same information is made possible by entering your location or home address. Personal data is processed in the scope of applicable legal provisions (Art. 6 I b) and f) EU GDPR) or on the Basis of your consent (Art. 6 I 1 a) and b), 88 I EU GDPR). If you do not provide us with this information, you may not be able to fully or partially use our app.

The NEW YORKER app is provided by NEW YORKER Group-Services International GmbH & Co. KG. You will find contact details at the end of this Data Privacy Statement.

4.1 Google Firebase Analytics

The NEW YORKER app uses Google Firebase, an application analysis service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The app uses the “Analytics” function to anonymously carry out statistical evaluations of the use of the app. When the app is launched, IOS or Android generates its own user ID by using an “Advertising Identifier”, which serves only to identify the user but does not allow any conclusions to be drawn about the specific user without further data. A combination of the ID data and the personal data of the user does not take place or only with the express consent of the user. On behalf of the operator of this website, Google will use this information to evaluate the use of the app and to compile reports on application activities. The data collected in the context of Google Firebase through the use of the app will not be merged with other data from Google. You can prevent the identifier from being saved or transferred by setting your device software accordingly or within the app under Menu/Settings, but we would like to point out that in this case you may not be able to use all functions of this app to their full extent. In addition, the Apple advertising ID “AD-ID” can be changed for IOS under “Reset AD-ID”. For Android devices, the identification number is “Advertising ID”. Personalised tracking by Google can generally be deactivated or controlled under “Settings / Accounts /Google / Privacy / Ads” with “Deactivate interest-related ads”. Google itself uses the data for the purposes stated at https:// www.google.com/policies/privacy/partners/.

4.2 Google Firebase Crashlytics

The NEW YORKER app uses the analysis program “Crashlytics” from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. This analysis program uses the IP addresses of users for analysis purposes, which are, however, exclusively used anonymously. Linking these back to a natural person is not possible. Crashlytics provides us with real-time evaluations of system crashes and thus helps us with the maintenance of the NEW YORKER app. Further information can be found here: Crashlytics – Terms of Service

https://firebase.google.com/terms/crashlytics/ 

4.3 Location services

When searching for NEW YORKER stores, you can also display search results within the radius of your current location. To do this, it is necessary that you transfer your current location. The transfer only takes place if the corresponding search function is used and you allow the app to transfer the location data. This data is only used to determine the appropriate search results, i.e. branch locations. Your data will not be stored by us. You can deactivate the locating services in the device settings at any time. If you do not enable tracking services, you may not be able to use our app to its full extent.

4.4 Authorisations

During the installation of the NEW YORKER App, the following authorisations are obtained from you, which the app uses to access via the interfaces the necessary functions of the device and thus can also retrieve data stored, entered or generated on the device:

• Internet network status: Availability of the Internet
• Push notification: Use of notifications by the app to announce special events
• Geo location: Only after explicit activation by the user, function to find NEW YORKER branches in the vicinity. The location information is not used to create movement profiles.
• Camera: Only when activated to create your profile picture.
• Image album/ gallery: Applies when photos taken with the camera must be saved or used. The photo album will not be read for any other purposes.

If you do not grant individual permissions, you may not be able to use our app to its full extent.

5. NEW YORKER APP (MICROSOFT WINDOWS MOBILE)

The NEW YORKER APP for Windows Mobile devices presents our website as an app. The data protection regulations are the same as for our website (see chapter NEW YORKER WEB SITE).

Personal data is processed in the scope of the applicable legal provisions (Art. 6 I 1b) and f) EU GDPR) or is based on your consent (Art. 6 I 1 a) and b), 88 I EU GDPR).

The NEW YORKER App is provided by NEW YORKER Group-Services International GmbH & Co. KG. You will find contact details at the end of this Data Privacy Statement.

6. NEW YORKER CUSTOMER PROFILE

NEW YORKER provides a customer profile within the NEW YORKER app and website. With the customer profile you can participate in various promotions and offers. You can also create a wish list with your customer profile. On this page, for example, you can save items of clothing that you particularly like. If you want you can also share this wish list with your friends or family via a link, or you can keepit private and only visible for you.

The information about first name, surname and e-mail address are mandatory. You can voluntarily provide us with your date of birth, size of clothes, gender, address and country of origin. The indication of your birthday allows us an anonymous statistical evaluation of the age structure of our users to optimise our offer and to distribute birthday messages. The indication of your clothing size allows us an anonymous statistical evaluation of the clothing sizes worn by our users. The indication of your gender serves to ensure the gender-specific address as well as a gender-specific arrangement of messages. We use the address for statistical evaluations. You can change your data at any time within your customer profile. Your data will be stored until you delete your customer profile. A delete function is provided within your customer profile. If you only provide us with the mandatory information, you will not suffer any disadvantages and the use of the functions of the customer profile is not restricted either.

Personal data is processed on the basis of your consent (Art. 6 I 1 a) and b), 88 I EU GDPR).

The NEW YORKER customer profile is provided by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement.

7. NEW YORKER MODEL CASTING

The following personal data is required for participation in Model Casting: First name, last name, address, date of birth, gender, e-mail address, previous modelling experience, reference to an exclusive contract with a modelling agency, 3 photographs of the participant, size, chest circumference, waist circumference, hip circumference, clothing size, shoe size, eye colour and hair colour. These data are used for identification, to classify age, classify sex, make contact and/or make a preselection and send the resulting invitation to casting. For legal reasons the participant must indicate before the casting whether they already have an exclusively contracte with an agency.

If your application is not successful, we will delete the data immediately. In the case of an invitation to a casting, we store the data until the casting is completed. If you have sparked our interest in a casting, we will gladly include you in our model database. All other applications will no longer be saved. We will inform you about the withdrawal from the model database. You can revoke consent to the storage of your data in the model database at any time.

By entering the obligatory data, you declare your consent to the processing of the data necessary for the purposes described above. Participation in Model Casting is possible from the age of 16; minors require the consent of their parents for granting consent to data processing. As explained in the conditions for participation, the winners will be announced in a press release and on NEW YORKER's social media channels (Facebook, YouTube, Twitter, Google+, Instagram, Pinterest).

A NEW YORKER customer profile is a prerequisite for participation in the NEW YORKER Model Casting (see chapter NEW YORKER customer profile).

Personal data will be processed on the basis of your consent (Art. 6 I a) and b), 88 I EU GDPR).

NEW YORKER Modelcasting is provided by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement. You can find further information in the section “Your rights as a data subject”.

8. NEW YORKER GIFT CERTIFICATE

You can purchase a NEW YORKER Gift Certificate on our website and in our app. You can pay for it by credit card, PayPal or prepayment by bank transfer. The data relevant for payment are collected to process your order and payment.

You only have to provide the data which we absolutely need for the execution of the payment processing and thus processing of the contract or which we are legally obliged to collect. To send the Gift Certificates we need the following information from you: Name, e-mail address, postal address. Without this data we will unfortunately have to refuse the conclusion of the contract, as we will not be able to carry it out. Our payment system uses encryption for secure transmission of your data.

Note on credit card payment: As is usual with credit card payments, credit card details are checked and a credit check is carried out.

Note on PayPal: PayPal is a company of PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal, L-2449 Luxembourg. If the data subject selects "PayPal" as a payment option on our homepage during the order process, the data of the data subject are automatically transmitted to PayPal. By selecting this payment option, you consent to the transfer of personal data required for payment processing. The personal data transmitted to PayPal is normally the first name, last name, address, e-mail address, IP address, telephone number, mobile phone number or other data required for payment processing. Personal data in connection with the respective order are also necessary for the processing of the purchase contract. Details on PayPal's privacy policy can be found at: .www.paypal.com/de/webapps/mpp/ua/privacy-prev.

Personal data is processed based on your consent (Art. 6 I 1 a) and b), 88 I EU GDPR).

The NEW YORKER Gift Certificate is provided by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement.

9. NEW YORKER COMPETITIONS

You can participate in our competitions on our website and in our app to win a prize. If you fill out the competition form, we will process the data you provide there exclusively for the purpose of carrying out the competition. All you have to do is provide us with the mandatory information we need to conduct the competition and notify the winners. This consists of your email address. The mandatory fields are marked with an asterisk (*). The other fields are optional and you can complete them if you wish. Unfortunately, you cannot take part in our competition without the mandatory fields.

In the context of the competition for, you have also the option to consent to receiving promotional material. Of course it is also possible to take part in the competition without giving your consent toreceiving promotional material. If you give us your consent by checking the respective box, we also process your data in order to send you information and offers about our products / services via our newsletter by e-mail.

Personal data is processed based on your consent (Art. 6 I 1 a) and c), 88 I EU GDPR).

The NEW YORKER competitions are provided by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement.

10. NEW YORKER NEWSLETTER

It is possible to subscribe to a regular newsletter. By activating the corresponding box, the participant will receive a confirmation e-mail within the following few days. To activate the newsletter, confirmation via a confirmation link in this e-mail is required. You can cancel or revoke your subscription at any time. At the end of each newsletter you will find the option to unsubscribe via a link. You can also unsubscribe via the e-mail address newsletter(at)newyorker.de. Your e-mail address will be collected in order to send you the newsletter. It will be stored until you unsubscribe from the newsletter. You are welcome to provide us with further optional Information; this information will then be used exclusively for statistical purposes. The e-mail address is forwarded to a service provider for e-mail newsletters in the scope of data processing. The processing of personal data is based on your consent (Art. 6 I 1 a) and b), 88 I EU GDPR).

The NEW YORKER Newsletter is operated by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement.

11. CONTACT (E-MAIL / FORM)

There is a contact form on our website which you can use to contact us electronically. If you write to us via the contact form, we will process your data provided in the contact form to contact you and answer your questions and requests.

All you have to do is provide the mandatory information to contact you. These are your name, e-mail address and the message field itself.

If you contact us by e-mail, we will process the personal data provided in the e-mail solely for the purpose of processing and responding to your inquiry. If you do not use the offered forms to contact us, no further data will be collected.

Personal data is processed based on your consent (Art. 6 I 1 a) and b), 88 I EU GDPR).

The NEW YORKER contact form is provided by NEW YORKER Marketing & Media International GmbH. You will find contact details at the end of this Data Privacy Statement.

12. YOUR RIGHTS AS A DATA SUBJECT

Upon request, we can inform you free of charge by e-mail or in writing whether and what personal data we have stored about you, where we have received this data from, to which recipients or categories of recipients we have passed on your data and for what purposes we use it. In addition, you can ask us to rectify your data if it is not stored correctly, to delete your data or to restrict its processing or to otherwise object to processing, to make your data anonymous or to transfer it in accordance with data protection law. Please send us an inquiry for these purposes (see section “Contact”). Of course, you can contact our Data Protection Officer at any time. You have the right to report any complaints to the responsible supervisory authority for data protection. You have the right to revoke your consent to the use of personal data at any time. For details please read the respective explanations for the individual services offered in the Data Privacy Statement.

13. RESERVATION

NEW YORKER reserves the right to change its Data Privacy Statement at any time in compliance with data protection regulations. Changes will be announced in due time on this website. Therefore, you should visit this page regularly to keep yourself informed about the current status.

14. QUESTIONS / CONTACT

If you have any questions, you can also contact info-datenschutz(at)newyorker.de directly or contact us via the website. You can also contact our Data Protection Officer directly via these two channels.

Contact details of the Controller:

NEW YORKER Marketing & Media International GmbH

Hansestr. 48
38112 Braunschweig
Germany

Phone: +49 (0) 531/2135-0
Fax: +49 (0) 531/2135-300

NEW YORKER Group-Services International GmbH & Co. KG

Postfach 7141

24171 Kiel

Germany

Phone: +49 (0) 531/2135-0
Fax: +49 (0) 531/2135-300