Data Protection Declaration & Privacy Policy
PRIVACY
DATA PRIVACY STATEMENT
Deuter Sport GmbH and Schwan-Stabilo Outdoor - USA (in the following: Deuter) are firmly committed to data privacy. Therefore, as a matter of course, we strictly adhere to the legal regulations concerning the protection of data privacy (in particular those in CCPA (California Consumer Privacy Act), GDPR (General Data Protection Regulation) and BDSG [German Data Protection Act] and will do everything possible to ensure the privacy of your data. In addition, it is important for us that you know at any given time which data we store and how we use them, and if you are a resident of California, that you can have your data deleted. Please take a moment to read the following text informing you about the way we deal with your data. We reserve the right to revise the content of this data privacy statement from time to time, in particular, to adapt it to new legal stipulations and technical development so that we can also safeguard data protection in the future. It is therefore advisable to regularly take note of our information and remarks concerning data processing.
This Data Privacy Statement refers to the internet presence of Deuter Sport GmH under the domain https://deuter.com as well as other subdomains (hereinafter referred to as the ”Website”).
1. Responsible Parties and scope
The responsible person is: Deuter Sport GmbH, Daimlerstraße 23, 86368 Gersthofen, Germany and as a subsidiary, Schwan-Stabilo Outdoor - USA, dba deuter USA 2511 55th Street Suite 100, Boulder, CO 80301 (hereinafter “Deuter”).
2. Data Protection Officer
Our Data Protection Officer is: Mr. Sebastian Meyer, Schwanweg 1 – 90562 Heroldsberg, Germany. Please refer to our Data Protection Officer if you have any questions regarding data protection issues at our company. You can reach him under the email-address: Datenschutzbeauftragte@schwan-stabilo.com.
3. General Principles on data processing
We collect and use personal data from our users basically only then, when this is necessary to provide a functional Website as well as to deliver our content and services.
3.1. Personal data
Personal data is all information relating to an identified or identifiable natural person. This includes, but is not limited to, information such as your name, email-address, address, date of birth or your phone number.
3.2. Processing of personal data
Processing of personal data is any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
We process personal data through our Website, including cookies and data you provide us, ex. when filling out our contact form or sending us an email. We process this data for the named purposes or for the purposes defined in your request. We do not disclose your personal data to third parties, unless otherwise provided by law, such as financial transactions or you have given us your consent thereto. Apart from that you may use the general information
at https://www.deuter.com without revealing your personal data.
In particular we process your personal data as provided:
3.2.1. Contact form
On our Website, we offer you to contact us via a contact form provided by us. Basically, to answer your question or request, we will need you to provide us with the following data: your email-address, as well as your first and last name. Voluntarily you can provide us with your address and send us - using the message area - an individual message. You may freely decide, whether you want to provide this information. Without this information we will however not be able to answer your question or reply to your request. The purpose of specifying this data is to assign your question or request and to be able to reply to you. When using the contact form, no personal data will be transferred to third parties.
3.2.2. Job applications
If you are interested in our job offer, you can send us an application per email using the following email address: info@deuterusa.com or per post to the address: 2511 55th Street Suite 100-C, Boulder, CO 80301.
We assure you, that we will process your personal data only for the purposes of carrying out the job application process. Your personal data will be stored for 12 months from the original application date, after concluding the job application process.
3.2.3. Newsletter
In order to subscribe to our e-mail newsletter, apart from your consent, we will need your e-mail address, to which we will send the newsletter. You may freely decide, whether you want to provide this information to us. Without this information we will however not be able to send you our newsletter. When subscribing to our newsletter we use your e-mail address for our own advertising purposes until you have unsubscribed. For unsubscribing you can follow the link in each newsletter.
3.3. Legal basis
Collecting and processing your personal data takes generally place upon your consent. Should the data processing be based on your consent, the legal basis for this data processing is Article 6 (1) lit. a GDPR. An exception may occur when obtaining a consent is not possible and/or this is permitted by law. If processing your data is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, the legal basis for this data processing is Article 6 (1) lit. b GDPR. If processing your personal data is necessary for compliance with a legal obligation to which we as the controller are subject, the legal basis for this data processing is Article 6 (1) lit. c GDPR.If processing your personal data is necessary for the purposes of legitimate interests pursued by us, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, the legal basis for this data processing is Article 6 (1) lit. f GDPR.
· Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
What do we use your data for?
We do not sell, trade, or otherwise transfer to parties outside of Deuter & ORTOVOX your personally identifiable information.
Your data is used to enhance your browsing experience with deuter.com as well as to provide services that we deem beneficial to you.
4.Cookies
Below we describe the processing operations connected with usage of cookies, sessions and logfiles.
4.1. Usage of cookies, sessions and logfiles
A cookie is a small text file stored in your browser cache and enables an analysis of your use of our Website and/or ensures the functionality of the Website. Further our partners use cookies in order to evaluate the user behavior for advertising purposes (social targeting). A session is a single session which will be saved on our server for a short period of time. Logfiles are created by the server and stored by us. They contain automatically generated logs of all or specific activities of processes on a computer system.
4.2. Data collected by cookies
Except for the IP address, no personal data will be stored in the cookies, sessions and logfiles. Furthermore, these files cannot transfer viruses, spy on your computer, or send emails undetected. In addition, each webserver can only read out those cookies it placed itself. The following data is automatically collected via cookies, sessions and logfiles when you call up our Website:
Your internet address (IP address) / host name Agent/browser type and version
Website you were referred from (referrer URL)Operating system used
Pages viewed on our Website
Date and time of access
Session (for registered users)
Session ID (for registered users)
. The data processed according to 4.2. is processed for statistical purposes, in order to optimize our Website and our offer.
4.3. Social Plugins
On our Website we use social plugins of the social networks “Facebook” (Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA), “Google +” (Google Inc., 1600 Amphitheatre Parkway, Mountain View, California 94043, USA) and “Twitter” (Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA) and “Instagram” (Instagram LLC, 1601 Willow Road, Menlo Park, California 94025, USA) and “YouTube” (YouTube, 600 Amphitheater Parkway, Mountain View, California 94043, USA). These services are offered by the respective companies (“providers”). As part of our online presence, the social plugins are marked by the respective buttons belonging to the service. Based on the data transmitted via the social plugins to the respective service, this can assign certain personal data you to your Facebook, Google+, Twitter and/or Instagram account. In order to increase the protection of your data on our website, the social plugins are integrated on our website by means of the so-called “2-click-Solution”. This ensures that when you call a page of our website that contains such social plug-ins, no automatic connection to the servers is made by the respective providers.
The function of the respective social plug-in is activated in two stages. To activate a social plug-in, you have to click on the link on our website. This activates the social plug-in and your browser connects to the servers of the respective provider. With a second click you can now interact with the social plug-in and, for example, submit your recommendation. If you are already logged in to one of the social networks of the providers, the providers can directly assign the visit to this website to your profile. If you interact with the social plugins by clicking on them, the corresponding information is also transmitted directly to a server of the provider and stored there. The information may also be published to the social network and displayed under your contacts. If you would like to prevent such direct assignment of your data collected via our website to your profile, you must unsubscribe from your account of the respective provider before you visit our web pages.
The scope and purpose of the data collection by the respective service as well as the further processing and use of your data, please refer to the data protection information directly from the website of the service. You will also receive further information about your privacy rights and setting options to protect your privacy.
a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA
https://www.facebook.com/policy.php
https://www.facebook.com/help/186325668085084
b) Google Inc., 1600 Amphitheater Parkway, Mountain View, California 94043, USA
https://policies.google.com/technologies/partner-sites?hl=en
c) Twitter Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA
https://twitter.com/privacy?lang=en
d) Instagram LLC, 1601 Willow Road, Menio Park, California 94025, USA
https://help.instagram.com/155833707900388
e) YouTube, 600 Amphitheater Parkway, Mountain View, California 94043, USA https://youtube.com/t/privacy
4.4. HubSpot, Inc.
This Website uses the technologies of, Hubspot and collects and saves data for marketing and optimization purposes. From this data pseudonymized user profiles can be created. For these purposes cookies may be used. The data collected with the etracker-technology will not be used without your consent to personally identify you during your visit at this Website and will not be combined with other data. You can revoke your consent an any time for the future; please do so by contact Deuter USA, as laid out in this document. For more information please visit: https://legal.hubspot.com/privacy-policy
4.5. Facebook Pixel
This Website uses the Facebook Pixel from „Facebook“ (Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA). Facebook displays ads to users who have visited our websites and online services and are interested in a specific offer. Through the Facebook Pixel on our Website a direct connection to the servers of Facebook take place. Facebook uses cookies for this analysis. Facebook receives the information, that you have visited our website and assigns this information to your personal Facebook account. We have no influence on the scope and type of information including your personal data, which is transmitted to Facebook. For more information regarding your rights and possibilities to protect your data, please visit the Facebook Privacy policy at: . We alone do not transfer this data to Facebook. For more information please visit:
https://www.facebook.com/policy.php,
https://www.facebook.com/help/186325668085084.
4.6. Google Analytics
This Website uses Google Analytics, a web analysis service from Google, Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses Cookies to make it possible to analyze your use of our Website.
Information about your use of our Website generated by cookies, ex. Time, place and frequency of use of the Website, is usually transferred to a Google server in the USA and saved there. When using Google Analytics, it may not be excluded, that apart from the IP address Google processes further personal data. Please be informed that such information may be transferred by Google to third parties, if this is required by law or if Google contracts third parties to process such data.
Google will use the information gathered by the cookies to evaluate your use of the Website in order to compile reports about Website activities for us and provide additional services associated with the Website and Internet usage. According to Google, Google will not associate your IP address with other personal data collected by Google. You have the option to prevent Google from acquiring and processing data generated by cookies and data related to your use of our Website (including your IP address) by downloading and installing a Google-provided browser plugin. More information about Google Analytics Opt-out function can be found at: https://tools.google.com/dlpage/gaoptout?hl=en . Please be informed, that in such an event, not all functions of this Website may be available to you. This plug-in prevents Google Analytics from giving you information about your visit to the site. This plug-in does not prevent any other analysis. Please note that you cannot use the browser plug-in described above when visiting our website via the browser of a mobile device (smartphone or tablet). When using a mobile device, you can prevent Google Analytics from capturing your usage data by clicking on the following link: deactivate Google Analytics.
By clicking on this link a so-called opt-out cookie is placed in your browser. This will prevent Google Analytics from giving you information about your visit to the site. Please note that the opt-out cookie is only valid for this browser, and only for this domain. If you delete the cookies in this browser, the opt-out cookie will also be deleted. To continue to prevent Google Analytics from capturing, you must click the link again. The use of the opt-out cookie is also possible as an alternative to the above plug-in when using the browser on your computer.
In order to ensure the best possible protection of your personal data, Google Analytics has been extended by the code “anonymizeip” on this website. This code causes the last 8 bits of the IP addresses to be deleted and their IP address is thus collected anonymously (so-called IP-masking). Your IP address will be shortened by Google in principle, even before the transfer within Member States of the European Union or in other contracting States of the Agreement on the European Economic Area and thereby anonymized. Only in exceptional cases will the full IP address be transferred to a Google server in the United States and shortened there.
4.7. Google Tag Manager
Google Tag Manager is a webservice to manage the website-tags. The tool Google Tag Manager does not use any cookies and does not process any personal data. The tool can however trigger the usage of tags, which again may process certain personal data. Google Tag Manager does however not process this data. If deactivated at the domain or cookie level, is the deactivation for all tracking tags applicable, also for such which are implemented by the Google Tag Manager.
For more information on the terms of use and data privacy for the Google Tag Manager, please access the following policies:
https://policies.google.com/
4.8. Prevention of cookies
If you object to the use of cookies, sessions and logfiles, you can block or restrict their usage in your browser. However, it cannot be ruled out that in this case you might not be able to use individual functions on our webpages.
Upon closing your browser, the session-cookies are deleted, other cookies after one year. Cookies from our Partners, ex. Google (4.4) are deleted maximally after 24 months. You can deactivate the usage of cookies by Google by means of visiting the deactivating site of Google. Alternatively, you may deactivate the usage of third party cookies by means of visiting the deactivating site of the network initiative.
4.9. Legal basis
The processing activities described above are necessary for the purposes of legitimate interests pursued by us. The legal basis for this data processing is Article 6 (1) lit. f GDPR and Section 1798.100 of the CCPA.
5.Data security and precautionary measures
We are committed to protecting your privacy and treating your personal data confidential. In order to avoid any manipulation, loss or misuse of your data stored by us, we take extensive technical and organizational security measures that are regularly reviewed and adapted to technological progress. Intensive training of our employees and their obligation to data security ensure that your personal data is treated confidential.
5.1. Responsibility of the User
We urge you to also take all possible measures to protect your data while working on the internet. Due to the structure of the internet, it is not possible for us to ensure that third parties, which are not within the scope of our responsibility, adapt identical privacy and security measures. Possibly if personal data is not encrypted or is sent per email it may be seen or read by third parties. Hereto we have no impact. It is the responsibility of the User, to secure his/her data via encryption or by other means.
5.2. Encryption
We use the SSL (Secure Sockets Layer) to encrypt your data on all Websites which require providing personal data. SSL encryption masks your data before transmitting it to our server, in such a manner that it cannot be reconstructed by third parties. This safeguards the privacy of your personal data.
5.3. Technical security measures at Deuter:
·Encryption of sensitive data transfer with SSL certificates by Thawte.
·Server security: a firewall system protects our servers against attacks.
·An internal security system and authorization concept make sure that your sensitive data are not accessible to our employees unless they have a special authorization.
6. Service providers for processing personal data
We employ service providers, in addition to those laid out in Section 4, such as credit card processors and tax assessors who process personal data on our behalf and only on our instruction. The service providers are required to comply with all data protection regulations and to process data in accordance with our instructions. Our service providers have been carefully selected and receive access to your personal data only to the extent and for the time necessary to carry out their services. Service providers in third countries such as the USA and countries outside the European Economic Area are subject to data protection regulations, which do not protect personal data to same extent as in the European Union. Should we process your personal data in countries, which do not provide such a high level of data privacy as in the European Union, then we will ensure by means of contractual regulations and other instruments that your that your personal data is safe and adequately protected.
7. Storage period
Your data will be erased, when you have withdrawn your consent for processing your data or the purposes of processing your data have been obtained or when the processing is no longer legitimate for any legal reasons. Any retention periods required by law shall remain unaffected.
8. Rights concerned
From the CCPA and GDPR, the following rights arise for you as an affected person for the processing of your personal data:
8.1. Right of access
According to Section 1798.100 of the CCPA and art. 15 GDPR, you can request information about your personal data processed by us. In particular, you may request information on the source of the data, the recipients of this data or categories of recipients, as well as the processing purposes.
8.2. Right of objection
If the processing of personal data is based on your consent, you may object to this processing for the future, at any time and without any reason. To do so please send an email to: (info@deuterusa.com) privacy@deuter.com or a letter to:. Deuter USA, 2511 55th Street Suite 100, Boulder, CO 80301
8.3. Right to rectification
In accordance with art. 16 GDPR, you can immediately request the rectification of incorrect or the completion of your personal data stored by us.
8.4. Right to deletion or restriction
In accordance with Section 1798.105 of the CCPA and art. 17 GDPR, you may request the deletion of your personal data stored by us. The personal data will be deleted within 7 working days from your request. Any retention periods required by law shall remain unaffected. If your data may not be deleted due to retention periods, only a restriction of processing may be applied. Upon deleting your data, no access right may be granted.
Data needed to process financial transactions should as credit cards will not be deleted.
8.5. Right to data portability
According to Section 1798.100 of the CCPA and art.. 20 GDPR, you may request to receive your personal data that you have provided to us in a structured, common, and machine-read format, or you may request the transfer to another responsible person, insofar this is possible to due technical means.
8.6. Right of revocation
In accordance with Section 1798.120 of the CCPA and art. 7 (3) GDPR, you can revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future. In such an event you may not access our company sight.
8.7. Exercising the rights concerned
To exercise the aforementioned rights, please contact us at: info@deuterusa.com or mail to: Deuter USA, 2511 55th Street Suite 100, Boulder, CO 80301. Your personal data (possibly your email, name and telephone number) will be processed in order to answer your questions or respond to your concern. This data will be deleted if no longer necessary; in the event of statutory retention periods – the processing may only be limited.
10. Applicable Law; Dispute Resolution; Arbitration; Jury and Class Action Waiver; Miscellaneous Provisions .
By visiting or using any Deuter Websites, you agree that:
(1) All matters relating to this Privacy Policy, and/or your access to or use of the Websites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws and provisions.
(2) In the event of any controversy or dispute between Deuter and you arising out of or in connection with this Privacy Policy and/or your use of the Websites, Deuter and you shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party may request that such controversy or dispute be mediated. The mediation may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the mediation shall take place in Boulder, Colorado. If the dispute is not resolved through mediation within a reasonable time (not to exceed sixty (60) days from the mediation request), then the parties shall be free to pursue any right or remedy available to them under applicable law through binding arbitration as described below.
(3) BINDING ARBITRATION: In the event of any dispute arising under or relating to this Privacy Policy, access to or use of the Websites (including products or services sold or distributed by Deuter through Deuter Websites), such dispute will be finally and exclusively resolved by binding arbitration. NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY. DISCOVERY RIGHTS, SUCH AS EACH PARTY'S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Consumer Arbitration Rules, both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Boulder, Colorado. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Federal Arbitration Act and federal arbitration law apply to this Privacy Policy.
(4) CLASS ACTION WAIVER: Any arbitration or proceeding shall be limited to the dispute between Deuter and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(5) You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to such jurisdiction and venue and (b) any claim that any such arbitration proceeding has been brought in an inconvenient forum. Note that the preceding provision regarding venue may not apply if you are a consumer based in the European Union, however, in all cases, the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to this Privacy Policy;
(6) Any and all claims arising out of or related to this Privacy Policy must be brought by you within one (1) year after the cause of action arises, or such claim or cause of action is forever and irrevocably barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
(7) No recovery may be sought or received by you against Deuter for damages other than your out-of-pocket expenses, excluding attorney fees.
(8) A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in any mediation or arbitration proceeding based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All headings in this Privacy Policy are for convenience or reference only and shall be ignored in construing this Privacy Policy.
(9) Deuter’s failure to enforce all or any part of this Privacy Policy or respond to a breach thereof by you or any other party shall not in any way be construed as a waiver or a relinquishment of any right granted Deuter hereunder of the future performance of all or any part of this Privacy Policy, and your obligations set forth in this Privacy Policy shall continue in full force and effect.
(10) If any provision in this Privacy Policy is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of this Privacy Policy will continue in full force and effect.
(11) This Privacy Policy contain the entire and final agreement regarding Deuter Websites and their Content and supersede any prior or contemporaneous communications between you and Deuter regarding the Websites.
(12) Any offer for any feature, product or service made on the Websites is void where prohibited. If you choose to access the Websites from outside the U.S., you are solely responsible for complying with applicable U.S. and local laws. Although the Websites may be accessible worldwide, not all products or features provided or offered through the Websites are available in all geographic locations, or available (legally or otherwise) for use outside of the U.S. Deuter reserves the right to limit, in its sole discretion, the provision and quantity of any product or feature shown on the Websites to any person or geographic area.
(13) All rights not explicitly granted in this Privacy Policy are hereby reserved by Deuter.
(14) By continuing to use the Deuter Websites, you hereby agree and intend to be bound by this Privacy Policy.
· Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
· Your Consent
By using the Deuter site, you consent to the web site privacy policy.
· Changes to our Privacy Policy
If we decide to change the Deuter privacy policy, Deuter will post those changes on this page.