Datenschutzerklärung

Privacy Policy

emsforms operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you as a customer with a tailored shopping experience (the "Services"). emsforms is hosted on Shopify, which enables us to provide these Services to you.

This Privacy Policy describes how we collect, use, and share personal information when you visit, use, or make a purchase or other transaction using the Services, or otherwise communicate with us. If there is a conflict between our terms and conditions and this Privacy Policy, this Privacy Policy shall govern regarding the collection, processing, and disclosure of your personal information.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and agree to the collection, use, and disclosure of your information as described herein.

1. What Personal Data We Collect or Process

When we use the term "personal data" or "personal information," we refer to information that identifies you or can be directly associated with you. It does not include information that is anonymized or aggregated so that identifying an individual is no longer possible.

Depending on how you interact with the Services, where you live, and as permitted or required by applicable law, we may collect or process the following categories of personal information:

  • Contact Information: Including name, postal address, billing address, shipping address, phone number, and email address.

  • Financial Information: Including credit card, debit card, and financial account numbers, payment card details, transaction details, payment method, and payment confirmations.

  • Account Information: Including username, password, security questions, configurations, and settings.

  • Transaction Information: Including items you view, add to cart, add to wishlist, purchase, return, exchange, or cancel, as well as past order history.

  • Communications with Us: Information you provide when communicating with customer support or making inquiries.

  • Device Information: Details about your device, browser, network connection, IP address, and other unique identifiers.

  • Usage Information: Information regarding how and when you browse, search, or interact with the Services.

2. Sources of Personal Data

We collect personal data through the following sources:

  • Directly from You: When you create an account, access or use the Services, communicate with us, or otherwise provide us with your information.

  • Automatically via the Services: Collected from your device when you browse our website, use our products, or interact with our site through cookies and similar tracking technologies.

  • From Our Service Providers: Collected when we engage service providers to enable specific technologies or process data on our behalf.

  • From Partners and Third Parties: Derived from third-party analytics, marketing, and business partners.

3. How We Use Your Personal Data

Depending on your interactions with us, we use your personal information for the following purposes:

  • Providing, Customizing, and Improving Services: Fulfilling our contract with you, processing payments, executing orders, saving preferences, sending transactional notifications, managing accounts, arranging shipping, facilitating returns and exchanges, enabling product reviews, and delivering personalized product recommendations.

  • Marketing and Advertising: Sending promotional communications via email, SMS, or postal mail, and displaying targeted online advertisements for products based on your browsing and purchase history.

  • Security and Fraud Prevention: Authenticating accounts, securing payments, detecting and investigating fraudulent, illegal, or malicious activity, and protecting our legal rights and Services.

  • Customer Communication: Providing support, responding to inquiries, and maintaining our business relationship with you.

  • Legal and Regulatory Compliance: Complying with applicable laws, responding to lawful legal processes (such as subpoenas or requests from regulatory authorities), and enforcing our terms and policies.

4. How We Share Personal Data

In certain circumstances, we may share your personal data with third parties for legitimate business purposes, including:

  • Shopify & Service Providers: Vendors and service providers performing services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment, and shipping).

  • Business and Marketing Partners: Partners displaying ads or offering targeted marketing services. We utilize Shopify to support personalized advertising across third-party services. Depending on your jurisdiction, you may have the right to opt out of the sharing of your information for targeted advertising.

  • With Your Consent: When you direct or authorize us to share information with third parties (e.g., shipping carriers, social media login integrations).

  • Affiliates & Corporate Transactions: In connection with corporate restructuring, merger, insolvency proceedings, or business transfers.

  • Legal Obligations: To satisfy legal requirements, comply with warrants or court orders, or protect the rights, safety, and security of our business, users, and the public.

5. Relationship with Shopify

Our Services are hosted by Shopify. Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve these Services. Information submitted to our store is shared with Shopify and may be transferred to or stored in countries other than your country of residence.

Shopify acts as a data controller for certain processing activities related to platform improvements and features. For complete information on how Shopify handles your personal data, please consult the Shopify Consumer Privacy Policy. You may exercise your privacy rights regarding Shopify-processed data via the Shopify Privacy Portal.

6. Third-Party Websites and Links

The Services may contain links to websites or online platforms operated by third parties. If you follow links to non-affiliated sites, you should review their privacy policies and terms. We are not responsible for the privacy, security, or accuracy of third-party platforms. Any information disclosed in public or semi-public areas (including social media platforms) can be viewed by other users without restriction.

7. Children's Data

The Services are not intended for use by children, and we do not knowingly collect personal information from individuals under the legal age of majority in their respective jurisdictions. If you are a parent or guardian and believe your child has provided us with personal information, please contact us using the details below to request its deletion.

8. Data Security and Retention

We implement reasonable security measures, but no system is completely impenetrable. We cannot guarantee absolute security or the complete safety of data in transit over unencrypted channels.

The length of time we retain personal data depends on whether we need it to manage your account, provide Services, satisfy legal obligations, resolve disputes, or enforce applicable agreements.

9. Rights and Provisions Specific to Non-EU Jurisdictions

Depending on your country of residence, you have specific legal rights regarding your personal information:

Australia (Privacy Act 1988 & Australian Privacy Principles)

  • You have the right to request access to the personal information we hold about you and to request corrections if it is inaccurate, out-of-date, incomplete, irrelevant, or misleading.

  • You may submit inquiries or complaints regarding our handling of your personal data to us or directly to the Office of the Australian Information Commissioner (OAIC).

New Zealand (Privacy Act 2020)

  • You have the right to request access to, and correction of, any personal information we hold about you in accordance with Part 4 of the Privacy Act 2020.

  • In the event of a privacy breach that has caused or is likely to cause serious harm, we will notify affected individuals and the Office of the Privacy Commissioner (OPC) as required by law.

Singapore (Personal Data Protection Act 2012 - PDPA)

  • You have the right to request access to and correction of your personal data held by us, as well as the right to withdraw consent for the collection, use, or disclosure of your personal data at any time.

  • We comply with the PDPA requirements regarding cross-border transfers of personal data, ensuring transferred data receives a standard of protection comparable to that under the PDPA.

Switzerland (Federal Act on Data Protection - FADP)

  • You have the right to request information about the processing of your personal data, access your data, request rectification or deletion, and object to processing.

  • Personal data transferred outside Switzerland will only be processed in countries providing an adequate level of data protection or under appropriate safeguards such as Standard Contractual Clauses (SCCs). You may lodge complaints with the Federal Data Protection and Information Commissioner (FDPIC).

United States (State Privacy Laws, e.g., CCPA / CPRA)

Depending on your state of residence, you may have specific rights, including:

  • Right to Know / Access: The right to request details regarding the categories and specific pieces of personal information collected, used, disclosed, or sold/shared.

  • Right to Delete: The right to request the deletion of personal information collected from you, subject to legal exceptions.

  • Right to Correct: The right to correct inaccurate personal data.

  • Right to Opt-Out: The right to opt-out of the "sale" or "sharing" of personal information for targeted/cross-context behavioral advertising. You can signal your preference using Global Privacy Control (GPC) signals sent by supported browsers.

  • Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

10. International Transfers

We may transfer, store, and process your personal information outside of your country of residence, including in countries where our servers, service providers, or Shopify facilities are located. When doing so, we rely on appropriate legal mechanisms to protect your data in accordance with applicable cross-border transfer laws.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our operational, legal, or regulatory practices. Revised versions will be published on this page with an updated "Last Updated" date.

12. Contact Us

If you have any questions regarding our privacy practices, wish to exercise any of your privacy rights, or need to submit a privacy request or complaint, please contact us at:

  • Business Name: emsforms

  • Email: emsforms@hotmail.com

  • Postal Address: Großhabersdorfer Weg 55, 90449 Nuremberg, Germany