Privacy policy

1) Introduction and contact details of the controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we will inform you about how we handle your personal data when you use our website. Personal data is all data with which you can be personally identified.

1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Erhan Akyildirim, HOCA CLOTHING, Friedrichshafener Straße 22B, 88131 Lindau (Bodensee), Deutschland, Tel.: +49 178 5589881, E-Mail: erhan.akyildirim@hocaclothing.com. The controller of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data collection when visiting our website
2.1 When you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to the site server (so-called ‘server log files’). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymised form)

Processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of unlawful use.

2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the controller). You can recognise an encrypted connection by the character string ‘https://’ and the lock symbol in your browser line.

3) Hosting & content delivery network Shopify
We use the system of the following provider to host our website and display the page content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (‘Shopify’)

Data is also transferred to: Shopify Inc, 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider's servers. We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorised disclosure to third parties.

In the case of data transfer to Canada, an appropriate level of data protection is guaranteed by an adequacy decision of the European Commission.

4) Cookies
We use cookies, i.e. small text files that are stored on your end device, to make visiting our website attractive and to enable the use of certain functions. Some of these cookies are automatically deleted after you close your browser (so-called ‘session cookies’), while others remain on your device for longer and allow you to save page settings (so-called ‘persistent cookies’). In the latter case, you can find the storage period in the cookie settings overview of your web browser.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be restricted.

5) Making contact
When you contact us (e.g. via contact form or email), personal data is processed exclusively for the purpose of processing and responding to your enquiry and only to the extent necessary for this purpose.

The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

6) Use of customer data for direct advertising
6.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending newsletters, which ensures that you only receive newsletters if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the email address provided.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 para. 1 lit. a GDPR. We store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a corresponding message to the controller named at the beginning. Once you have cancelled your subscription, your email address will be deleted from our newsletter mailing list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

6.2 Shopping basket reminders by email

If you cancel your purchase with us before completing your order, you have the option of receiving a one-off email reminder of the contents of your virtual shopping basket.

The only mandatory information for sending this reminder is your e-mail address. The provision of further data is voluntary and may be used to address you personally. We use the so-called double opt-in procedure for sending emails, which ensures that you only receive a notification if you have expressly confirmed your consent to this by clicking on a verification link sent to the email address provided.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 para. 1 lit. a GDPR for sending a shopping basket reminder. We store your IP address entered by the Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for our e-mail notification service is used strictly for the intended purpose.

You can unsubscribe from the shopping basket reminders at any time by sending a message to the person responsible named above. After cancellation, your e-mail address will be deleted immediately from our mailing list set up for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

7) Data processing for order processing
7.1 Insofar as necessary for contract processing for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.

If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, email address) provided by you when ordering in order to inform you personally by suitable means of communication (e.g. by post or email) about upcoming updates within the legally prescribed period as part of our statutory information obligations in accordance with Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifying you of updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.

To process your order, we also work together with the following service provider(s), who support us in whole or in part in the fulfilment of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.

7.2 Use of payment service providers (payment services)

- giropay

One or more online payment methods of the following provider are available on this website: paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany

If you select a payment method of the provider for which you make an advance payment (such as credit card payment), the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
- Google Pay

If you choose the ‘Google Pay’ payment method from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (‘Google’), payment will be processed via the ‘Google Pay’ application on your mobile device running at least Android 4.4 (‘KitKat’) and equipped with an NFC function by debiting a payment card stored with Google Pay or a payment system verified there (e.g. PayPal). To authorise a payment via Google Pay of more than €25, your mobile device must first be unlocked using the verification measure set up in each case (e.g. facial recognition, password, fingerprint or pattern).

For the purpose of payment processing, the information you provide during the order process, together with information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a unique transaction number to the source website, which is used to verify that a payment has been made. This transaction number does not contain any information about the real payment data of your means of payment stored with Google Pay, but is created and transmitted as a uniquely valid numerical token. For all transactions via Google Pay, Google only acts as an intermediary for processing the payment process. The transaction is carried out exclusively in the relationship between the user and the source website by debiting the payment method stored with Google Pay.

If personal data is processed during the described transfers, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.

Google reserves the right to collect, store and analyse certain transaction-specific information for each transaction made via Google Pay. This includes the date, time and amount of the transaction, merchant location and description, a description of the goods or services purchased provided by the merchant, photos that you have attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction.

According to Google, this processing is carried out exclusively in accordance with Art. 6 para. 1 lit. f GDPR on the basis of the legitimate interest in proper accounting, verification of transaction data and optimisation and maintenance of the functionality of the Google Pay service.

Google also reserves the right to merge the processed transaction data with other information that is collected and stored by Google when using other Google services.

The Google Pay terms of use can be found here:

https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de

Further information on data protection at Google Pay can be found at the following Internet adress:

One or more online payment methods from the following provider are available on this website: Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden

If you select a payment method of the provider for which you pay in advance (such as credit card payment), your payment data provided during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.

If you select a payment method for which the provider makes advance payment (such as invoice or instalment purchase or direct debit), you will also be asked to provide certain personal data (first and last name, street, house number, postcode, city, date of birth, e-mail address, telephone number, possibly data on an alternative means of payment) during the order process.

In order to safeguard our legitimate interest in determining the solvency of our customers, this data is forwarded by us to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. On the basis of the personal data provided by you and other data (such as shopping basket, invoice amount, order history, payment experience), the provider checks whether the payment option you have selected can be granted with regard to payment and/or default risks.

In addition to internal provider criteria in accordance with Art. 6 para. 1 lit. f GDPR, identity and creditworthiness information from the following credit agencies may also be included in the decision as part of the application review:

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies

The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may still be authorised to process your personal data if this is necessary for contractual payment processing.
- Paydirekt

One or more online payment methods of the following provider are available on this website: paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany

If you select a payment method of the provider for which you make an advance payment (such as credit card payment), the payment data you provide during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order will be passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. In this case, your data will only be passed on for the purpose of payment processing with the provider and only to the extent that it is necessary for this purpose.
- Paypal

One or more online payment methods from the following provider are available on this website:
PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

When selecting a payment method from this provider where you make an advance payment, the payment data you provide during the ordering process (including name, address, bank and card information, currency, and transaction number) as well as details about your order will be transmitted to the provider in accordance with Art. 6(1)(b) GDPR. This data transfer occurs solely for the purpose of payment processing and only to the extent necessary.

If you choose a payment method where we make an advance payment, you will be required to provide certain personal details during the ordering process (first and last name, street, house number, postal code, city, date of birth, email address, phone number, and possibly details of an alternative payment method).

To safeguard our legitimate interest in assessing your creditworthiness in such cases, we will transmit this data to the provider in accordance with Art. 6(1)(f) GDPR for the purpose of a credit check. The provider will assess whether the selected payment method can be granted based on the personal information you provide, as well as additional data (such as shopping cart details, invoice amount, order history, and past payment behavior).

The credit report may contain probability values (so-called score values). These score values are based on a scientifically recognized mathematical-statistical method. Address data, among other factors, are included in the calculation of the score values.

You may object to this data processing at any time by contacting us or the provider. However, the provider may still be entitled to process your personal data if necessary for contractual payment processing.

This website uses PayPal Checkout, an online payment system provided by PayPal, which consists of PayPal’s own payment methods as well as local third-party payment options.

When making a payment via PayPal, credit card via PayPal, direct debit via PayPal, or—if offered—"Pay Later" via PayPal, we transfer your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") for payment processing. The data transfer occurs in accordance with Art. 6(1)(b) GDPR and only to the extent necessary for processing the payment.

For payments via credit card, direct debit, or "Pay Later" via PayPal, PayPal reserves the right to conduct a credit check. For this purpose, your payment data may be transmitted to credit agencies in accordance with Art. 6(1)(f) GDPR, based on PayPal’s legitimate interest in assessing your creditworthiness. The result of the credit check, which includes a statistical probability of payment default, is used by PayPal to decide whether to offer the selected payment method.

The credit report may include score values, calculated using a scientifically recognized mathematical-statistical method. Address data, among other factors, are included in this calculation. You can object to this processing at any time by contacting PayPal. However, PayPal may still be entitled to process your personal data if necessary for contractual payment processing.

If the PayPal payment method "Invoice Purchase" is available and selected, your payment data will first be transferred to PayPal for payment preparation. PayPal will then forward this data to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin, Germany ("Ratepay") for payment processing. The legal basis for this transfer is Art. 6(1)(b) GDPR.

In this case, Ratepay performs a credit and identity check in its own name to assess your creditworthiness and transmits your payment data to credit agencies in accordance with Art. 6(1)(f) GDPR based on its legitimate interest. A list of credit agencies used by Ratepay can be found here:
https://www.ratepay.com/legal-payment-creditagencies/

If you use a local third-party payment provider, your payment data will first be transferred to PayPal for payment preparation in accordance with Art. 6(1)(b) GDPR. Depending on the local payment method you choose, PayPal will then forward your payment data to the respective provider for payment processing under Art. 6(1)(b) GDPR:

  • Apple Pay (Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland)
  • Google Pay (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland)
  • iDEAL (Currence Holding BV, Beethovenstraat 300, Amsterdam, Netherlands)
  • Bancontact (Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium)
  • BLIK (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland)
  • eps (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna, Austria)
  • MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France)
  • Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)

For further privacy-related information, please refer to PayPal’s Privacy Policy:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full

8) Page functionalities

8.1 Judge.me

Our website incorporates graphic elements from the following provider to display external customer reviews and/or an externally awarded quality seal:

Judge.me Ltd., c/o Buckworths, 2nd Floor, 1-3 Worship Street, London, England, EC2A 2AB, United Kingdom.

When you access a page of our website that contains such graphic elements, your browser establishes a direct connection to the provider's servers to properly load the elements. Certain browser information, including your IP address, is transmitted to the provider.

If personal data is processed in this context, it is done in accordance with Article 6(1)(f) GDPR based on our legitimate interest in the optimal marketing of our offer and the appealing design of our online presence.

We have concluded a data processing agreement with the provider to ensure the protection of our website visitors' data and to prohibit unauthorized disclosure to third parties.

In the event of data transmission to the provider's location, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

8.2 TrustPilot

Our website incorporates graphic elements from the following provider to display external customer reviews and/or an externally awarded quality seal:

Trustpilot A/S, Pilestræde 58, 1112 Copenhagen, Denmark.

When you access a page of our website that contains such graphic elements, your browser establishes a direct connection to the provider's servers to properly load the elements. Certain browser information, including your IP address, is transmitted to the provider.

If personal data is processed in this context, it is done in accordance with Article 6(1)(f) GDPR based on our legitimate interest in the optimal marketing of our offer and the appealing design of our online presence.

8.3 Google Translate

This website uses the "Google Translate" translation service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") via an API integration. To display translations in your selected language automatically, the browser you are using connects to Google's servers. Google uses "cookies," which are text files stored on your computer that enable an analysis of your website usage. The information generated by the cookie about your use of this website (including the truncated IP address) is usually transferred to a Google server and stored there. This may also involve transmission to the servers of Google LLC. in the USA.

If personal data is processed, this is done in accordance with Article 6(1)(f) GDPR based on our legitimate interest in ensuring the barrier-free and universal accessibility of our website.

Where legally required, we have obtained your consent for the processing of your data as described above in accordance with Article 6(1)(a) GDPR. You can withdraw your consent at any time with future effect. To exercise your revocation, disable this service in the "cookie consent tool" provided on the website.

For data transfers to the USA, the provider is certified under the EU-US Data Privacy Framework, which ensures compliance with the European data protection level based on an adequacy decision of the European Commission.

Further information about Google’s privacy policies can be found here: https://business.safety.google/intl/de/privacy/

9) Tools and Miscellaneous

Cookie Consent Tool

This website uses a "cookie consent tool" to obtain effective user consents for cookies requiring consent and cookie-based applications. The "cookie consent tool" is displayed to users in the form of an interactive user interface when accessing the page, allowing them to grant consent for specific cookies and/or cookie-based applications by selecting checkboxes. All cookies/services requiring consent are only loaded if the respective user grants the necessary consent. This ensures that such cookies are only set on the user’s device if consent has been given.

The tool sets technically necessary cookies to store your cookie preferences. Personal user data is generally not processed in this context.

If, in individual cases, personal data (such as the IP address) is processed for storage, assignment, or logging of cookie settings, this is done in accordance with Article 6(1)(f) GDPR based on our legitimate interest in legally compliant, user-specific, and user-friendly cookie consent management and, thus, in the legally compliant design of our online presence.

Another legal basis for processing is Article 6(1)(c) GDPR. As the responsible party, we are legally obligated to make the use of non-essential cookies dependent on user consent.

Where necessary, we have concluded a data processing agreement with the provider to ensure the protection of our website visitors' data and to prohibit unauthorized disclosure to third parties.

Further information about the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

10) Rights of the Data Subject

10.1 The applicable data protection law grants you the following rights as a data subject regarding the processing of your personal data by the controller (rights of access and intervention), for which the specific exercise conditions are referenced in the respective legal basis:

  • Right of access pursuant to Article 15 GDPR;

  • Right to rectification pursuant to Article 16 GDPR;

  • Right to erasure pursuant to Article 17 GDPR;

  • Right to restriction of processing pursuant to Article 18 GDPR;

  • Right to notification pursuant to Article 19 GDPR;

  • Right to data portability pursuant to Article 20 GDPR;

  • Right to withdraw consent granted pursuant to Article 7(3) GDPR;

  • Right to lodge a complaint pursuant to Article 77 GDPR.

10.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH FUTURE EFFECT FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE, OR DEFEND LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES AT ANY TIME. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA FOR DIRECT MARKETING PURPOSES.

11) Duration of Storage of Personal Data

The duration of storage of personal data is determined based on the respective legal basis, the processing purpose, and – if applicable – additionally based on the respective statutory retention period (e.g., commercial and tax retention periods).

If personal data is processed based on explicit consent under Article 6(1)(a) GDPR, the data concerned is stored until you revoke your consent.

If statutory retention periods apply to data processed under Article 6(1)(b) GDPR for contractual or pre-contractual obligations, this data is routinely deleted after the retention periods expire, provided it is no longer required for contract fulfillment or initiation and/or there is no legitimate interest in continued storage.

If personal data is processed based on Article 6(1)(f) GDPR, it is stored until you exercise your right to object under Article 21(1) GDPR unless we can demonstrate compelling legitimate grounds for processing.

If personal data is processed for direct marketing purposes based on Article 6(1)(f) GDPR, it is stored until you exercise your right to object under Article 21(2) GDPR.

Unless otherwise stated in this declaration, stored personal data is deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.