DATA PRIVACY STATEMENT
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.
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
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
2.4 AddThis Plugin
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: 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.
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.
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 YORK MODEL CONTEST
For participation in a NEW YORKER Model Contest (e.g. Model Contest, Twin Contest),
personal data is required in accordance with the terms and conditions of participation applicable
to the respective contest (mandatory data to be provided): Personal data regularly means first name, last name,
e-mail address, telephone number, date of birth, country of origin, previous modeling experience, reference to an
exclusive contract with a modeling agency, photographs of the participant's body and face, height, clothing size
and professional activity. That data that you must provide is determined by the terms and conditions of participation
of the respective contest. Furthermore, you may provide other voluntary information that gives us a more accurate
impression of you. If you do not provide any or all of the data marked as mandatory, you will unfortunately not be able
to participate in the contest. If you do not provide any data other than the mandatory data, this will not affect your
chances of winning. Registration is done via the NEW YORKER website. The above-mentioned data is used for identification
and age classification purposes, as well as for contacting you or making a pre-selection and, if necessary, for the subsequent
awarding of the prize. Your data can additionally be used for the creation and conclusion of a model contract and the inclusion
in our model database. For legal reasons you have to indicate, before participating, if you are already exclusively under
contract with a model agency. If you are not selected to participate, we will delete your data immediately.
If you are selected as the winner according to the terms and conditions of participation, you may accept the prize and we will
usually invite you to a photo shoot. If the result of the shooting is a positive one, we will gladly include you in our model
file or we may offer you a model contract. The data of all participants, with the exception of the winner(s), including the
submitted photos will be deleted immediately. We will inform you about such deletion from the model file. You can revoke your
consent to the storage of your data in the model file at any time, but then we have to delete all the pictures stored there and
may not be able to offer you a model contract. By providing the mandatory data (if applicable, in accordance with the applicable terms
and conditions of participation), you simultaneously declare your consent to the processing of data necessary for the purposes
described above. Participants must be at least 16 years of age or older to participate.
Personal data will be processed on the basis of your consent in accordance with Art. 6 I 1 a) of the GDPR or if you are selected as a winner, it may be processed for the purpose of implementing / initiating a model contract in accordance with Art. 6 I 1 b) of the GDPR.
The NEW YORKER Model Contest is put on by NEW YORKER Marketing & Media International GmbH. Contact details can be found at the end of the Privacy Statement.
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.
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 LOTTERIES
You can enter our sweepstakes on our website, through our app and on any one of our social media channels. If you fill in a competition form or provide data on the social media channels - in accordance with the relevant terms and conditions, examples of how you can do this are: by uploading a photo, posting a post on either; our, your personal or another channel or, making it available via a hash tag or leaving a comment on one of our promotions. We will process the data you provide solely for the purpose of running the relevant competition. You only need to provide us with the information we need to conduct the competition and notify you of your winnings. This is your e-mail address and, if applicable, further information which may result from the corresponding conditions of participation.
For our annual Advent calendar or other competitions in which you can win clothes (e.g. shoes), we also require the following data from you: first and last name, e-mail address, dress size, (shoe size), an indication of your gender, and, your desired branch to collect your prize. If there are available prizes that do not involve shipping clothes (i.e. concert tickets, vouchers or other prizes), we need you to provide a postal address or e-mail address that we can use for correspondence if you win. We will inform you in the terms and conditions of the competition as to which method is suitable.
The mandatory fields are marked with an asterisk (*). The remaining fields are optional and can be filled in by you if you wish. Without the mandatory fields, you will unfortunately not be able to participate in our competition. In the context of the competition you also have the possibility to give us advertising consent. However, it is also possible to participate in the competition without giving your advertising consent. If you give us your approval by ticking the respective checkbox, we will also process your data in order to send you information and offers about our products / services by e-mail via our newsletter (see chapter NEW YORKER NEWSLETTER).
Your data will be deleted after the competition.
Personal data will be processed on the basis of your consent or to fulfil a legal obligation to which we are subject pursuant to Art. 6 I 1 a) or c) EU DS-GVO. Your name and place of residence may be published by us on our social media channels (Facebook, Instagram, Twitter) to announce the winners. This is only if you have agreed this in the conditions of participation. Your data will not be passed on to third parties. In individual cases, we pass on your data to commissioned service providers as part of order processing.
You are entitled to data subject rights (see chapter YOUR RIGHTS AS A PARTY) of our data protection declaration. In order to revoke your advertising consent with effect for the future or to exercise your data subject rights, you can contact us at any time at the end of the data protection declaration. The NEW YORKER competitions are provided by NEW YORKER Marketing & Media International GmbH. Contact details can be found at the end of this 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.
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
Phone: +49 (0) 531/2135-0
Fax: +49 (0) 531/2135-300
NEW YORKER Group-Services International GmbH & Co. KG
Phone: +49 (0) 531/2135-0
Fax: +49 (0) 531/2135-300