Privacy policy

1. Information on the Collection of Personal Data

(1) In the following, we inform you in accordance with Art. 12 ff. GDPR about the handling of your personal data when using our website. This privacy policy explains in particular which data we collect and what we use it for. It also informs you how and for what purpose this happens.

(2) We treat personal data confidentially and in accordance with the statutory data protection regulations as well as this privacy policy. The legal foundations are found primarily in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

(3) When you use this website, various personal data are processed depending on the type and extent of use. Personal data are information relating to an identified or identifiable natural person; a natural person is considered identifiable if they can be identified directly or indirectly (e.g., by assigning an online identifier). This includes information such as name, address, phone number, date of birth, or user behavior. 

 

2. Name and Address of the Controller 

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g., names, email addresses, etc.). The controller within the meaning of Art. 4 No. 7 GDPR and the applicable national data protection laws (especially BDSG) as well as other data protection regulations is (see also our imprint):

Nakyang Yarn Europe 

Mr. Björn Chang-Ik Ewald Claus – Einzelunternehmen, e.K. 

Christian-Gau-Straße 12-14 

50933 Köln, Germany

europe@nakyangyarn.com  

 

3. Your Rights

(1) You have the following rights regarding your personal data:

• Right to access, 
• Right to rectification or erasure, 
• Right to restriction of processing, 
• Right to object to processing, 
• Right to data portability. 

 (2) You also have the right to lodge a complaint with a data protection supervisory authority about our processing of your personal data 

 

4. Collection of Personal Data When Visiting Our Website

(1) For the purpose of technically providing the website, it is necessary for us to process certain information automatically transmitted by your browser so that our website can be displayed in your browser and you can use the website. This information is automatically captured and stored in server log files each time our website is accessed. These include:  

• Our visited website 
• Used IP-address
• Date and time of the server request
• Browser type and browser version 
• Source/reference from which you came to the page 
• Hostname of the accessing computer 
• Used operating system 

 

5. Processing of Data from Your End Devices (Cookies and Other Technologies)

(1) In addition to the data mentioned above, we use technical tools for various functions when you use our website, especially cookies that can be stored on your end device. When you visit our website and at any time thereafter, you have the choice to allow the setting of cookies and other technologies (hereinafter "cookies") in general or to select which additional functions you prefer. You can make changes in your browser settings or through our consent manager [https://eu.nakyangyarn.com/?preview_privacy_banner=1&cache=walrus-no-cache]. Below, we first describe cookies from a technical perspective (2) before discussing your individual options in more detail by describing technically necessary cookies (3) and cookies that you can voluntarily select or deselect (4).

(2) Cookies are text files or information stored on your hard drive or in a database that are associated with the browser you use, allowing the entity setting the cookie to receive certain information. Cookies cannot execute programs or transmit viruses to your computer; their primary purpose is to make the internet offering faster and more user-friendly. This website uses the following types of cookies, whose functionality and legal basis we will explain below:

• Transient Cookies: Such as session cookies, these are automatically deleted when you close your browser or log out. They contain a session ID that allows us to correlate various requests from your browser during the same session, and your computer can be recognized when you return to our website. 
• Persistent Cookies: These are automatically deleted after a predetermined duration, which varies depending on the cookie. You can view the cookies set in your browser settings, along with their durations, and manually delete cookies if desired. 
• Other Technologies: These features do not rely on cookies but use similar technical mechanisms, such as analyzing your browser settings. The outcome is the same, allowing us to employ the technologies described below. You also have the option to consent to or decline these technologies.

 

 

7. Use of Our Online Shop

(1) For our online shop, we use the online shop system of Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). When you visit our online shop, Shopify collects your IP address as well as information about the device and browser you are using. Shopify also analyzes visitor numbers, visitor sources, and customer behavior, and creates user statistics. If you make a purchase in our online shop, Shopify additionally collects your name, email address, shipping and billing addresses, payment data, and other data related to the purchase (e.g., phone number, transaction amounts). For these purposes, Shopify stores cookies in your browser. The individual cookies are listed in the consent manager [https://eu.nakyangyarn.com/?preview_privacy_banner=1&cache=walrus-no-cache]. The legal basis for this processing is § 25(1) TTDSG in conjunction with Art. 6(1)(1)(a) GDPR (optional cookies, see § 5(4)) or § 25(2)(2) TTDSG (technically necessary cookies, see § 5(3)).

(2) We have concluded a data processing agreement with Shopify. When you visit our online shop, data is transmitted to Canada, among other places. For data transfers to Canada, there is an adequacy decision by the EU Commission confirming that Canada provides an adequate level of protection for data transfers. In some cases, data may also be transferred to the USA. For this purpose, we have agreed with Shopify on the standard data protection clauses, which provide appropriate safeguards for these data transfers. For more detailed information on how Shopify processes your data, please visit. https://www.shopify.com/legal/privacy/customers. 

(3) If you wish to place an order in our online shop, it is necessary for the conclusion of the contract that you provide your personal data as described above, which we need for the purpose of processing your order. The legal basis for this data processing is Art. 6(1)(1)(b) GDPR. The mandatory information necessary for the processing of contracts (first name, last name, email address, address) is marked separately; additional information is voluntary. For payment, you can provide your payment data to our payment service providers (see § 9) or we can forward your payment data to our house bank, with these third parties being independently responsible for the payment processing. 

(4) If an item needs to be shipped, your first name, last name, and address will be forwarded to the shipping service provider to process the delivery. The legal basis for this data processing is Art. 6(1)(1)(b) GDPR. If you have explicitly consented to this during the ordering process, we will also forward your email address and phone number to the shipping service provider as part of the contract processing. This forwarding serves the purpose of informing you about the shipping status via email. The processing is based on Art. 6(1)(1)(a) GDPR. You can revoke your consent at any time by notifying us or the shipping service provider, without affecting the lawfulness of the processing carried out based on the consent before its revocation.

(5) You can create a customer account upon request, through which we can store your data for future purchases. When creating an account under "My Account," the data you provide will be stored revocably. The data processing is based on Art. 6(1)(1)(a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the lawfulness of the processing carried out based on the consent before its revocation. Your customer account will then be deleted. Additionally, you can always delete your customer account yourself in the customer area.

(6) We are obliged by commercial and tax regulations to store your address, payment, and order data for a period of ten years. However, we restrict processing after three years, meaning your data will only be retained to comply with legal obligations from that point onwards.

(7) To prevent unauthorized access by third parties to your personal data, the ordering process is encrypted using TLS technology.

 

8. Participation in the Creator Program

(1) We offer a Creator Program to support and collaborate with creative individuals (e.g., textile designers and textile artists). In this program, we provide these so-called Creators with products from our range, allowing them to unleash their creativity. The works created by the Creators with our products can be displayed and described in our online shop and other media to offer our existing and potential customers interesting ideas for using our products.

(2) You can apply to participate in our Creator Program through our website. For this, you initially only need to provide your email address and a freely chosen name so that we can contact you. Additionally, you can optionally provide your social media handle (public username used for accounts on social media, e.g., @creatorartistname) and upload your artist portfolio.

(3) To conduct and verify applications, we employ the so-called double opt-in procedure. The application process consists of several steps. First, you enter your aforementioned data into our online application form. Subsequently, you will receive an email from us at the email address provided by you. In this email, we kindly ask you to confirm that you have indeed applied for our Creator Program and wish to be contacted accordingly. Confirmation is achieved by clicking on a confirmation link included in the email. Only after successful confirmation will we contact you regarding your application. As part of the double opt-in procedure, we store both the registration and confirmation dates, times, and your IP address.

(4) Data processing is carried out to conduct the online application and prepare for any potential contract conclusion. The collection and storage of date, time, and IP address during registration and confirmation serve to protect against abusive registration of email addresses.

(5) Processing is conducted to perform pre-contractual measures pursuant to Art. 6(1)(1)(b) GDPR. The collection and storage of date, time, and IP addresses during registration and confirmation are necessary to safeguard our predominant legitimate interests (Art. 6(1)(1)(f) GDPR). Our legitimate interest lies in the aforementioned purpose.

(6) Personal data collected in connection with your application will generally be stored until the application process or any resulting contractual relationship is fully completed, and thereafter deleted, unless we are obligated or authorized to store it for a longer period, cf. § 15. 

 

9. Payment Service Providers 

 

Shopify Payments 

 

Paypal

(1) We have integrated the payment option PayPal. PayPal is an online payment service provided by PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg ("PayPal"). Payments are processed through so-called PayPal accounts, which represent virtual private or business accounts. Additionally, PayPal offers the option to process virtual payments using credit cards, if a user does not maintain a PayPal account. A PayPal account is managed using an email address, hence there is no traditional account number. PayPal allows for initiating online payments to third parties or receiving payments. PayPal also acts as a trustee and offers buyer protection services. If you choose the payment option "PayPal," data about you will be automatically transmitted to PayPal.

(2) The personal data typically transmitted to PayPal includes first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary and intended for payment processing with PayPal. Also necessary for the processing of the purchase contract are personal data related to the respective order. The transmission of data is intended for payment processing and fraud prevention. PayPal may transmit your personal data to credit reporting agencies for identity and credit checks.  

(3) PayPal may disclose the personal data to affiliated companies and service providers or subcontractors to the extent necessary to fulfill contractual obligations or to process the data on behalf of PayPa.  

(4) The data transfer is carried out in accordance with Art. 6(1)(1)(b) GDPR and solely for the purpose of payment processing, to the extent necessary for this purpose. For more information on PayPal's data protection, please visit https://www.paypal.com/webapps/mpp/ua/privacy-full.  

 

Amazon Pay

(1) We have integrated the payment option Amazon Pay. Amazon Pay is an online payment service provided by Amazon Payments Europe S.C.A., 38 Avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon Pay").

(2) With Amazon Pay, we enable you to use your customer data stored with Amazon for your purchases in our online shop without having to disclose your payment details. If you already have an Amazon customer account, you can pay immediately using the payment method stored there, such as direct debit or credit card. Amazon Pay does not transmit the payment data stored in your Amazon customer account to us, and you also do not need to provide this information when placing an order. For more general information on using Amazon Pay, please visit https://pay.amazon.de/amazon-pay-nutzen. 

(3) Data processing is carried out in accordance with Art. 6(1)(1)(b) GDPR and solely for the purpose of payment processing, to the extent necessary for this purpose. For further information on data protection with Amazon Pay, please visit https://pay.amazon.de/help/201212490. 

 

10. Contact via Email

(1) You can contact us using the email address provided on the website. In this case, the personal data transmitted with the email will be processed by us.

(2) The data transmitted with your email will be used exclusively for the purpose of processing and responding to your inquiry.

(3) Please note that unencrypted emails do not guarantee confidentiality. Therefore, you should not send us sensitive information via email.

(4) Data processing for the purpose of contacting us is carried out in accordance with Art. 6(1)(a) GDPR based on your voluntarily given consent or Art. 6(1)(b) GDPR for the performance of a contract or for pre-contractual measures.

(5) We delete the data as soon as it is no longer necessary for achieving the purpose of its collection. This is usually the case when the respective communication with you has ended. Communication is deemed to have ended when it can be inferred from the circumstances that your matter has been finally resolved. If statutory retention periods prevent deletion, the data will be deleted immediately after the statutory retention periods have expired.

 

11. Use of the Contact Form

(1) When using the contact form, we collect your personal data (name, email address, message text) only to the extent provided by you. The data processing serves the purpose of contacting you.

(2) If the contact is for the purpose of pre-contractual measures (e.g., advice on purchase interest, quotation), or concerns a contract already concluded between you and us, this data processing is based on Art. 6(1)(b) GDPR. If the contact is for other reasons, this data processing is based on Art. 6(1)(a) GDPR, based on your voluntarily given consent.  

(3) We use your data only to process your request. The data will be deleted as soon as it is no longer necessary for achieving the purpose of its collection. This is usually the case when the respective communication with you has ended. Communication is deemed to have ended when it can be inferred from the circumstances that your matter has been finally resolved. If statutory retention periods prevent deletion, the data will be deleted immediately after the statutory retention periods have expired. 

 

12. Use of Social Media

(1) Our website does not use so-called social media plugins. The logos of the social networks Instagram, Pinterest, and Facebook displayed on our website are merely linked to the respective profiles of our company. When you click on one of these logos, you will be redirected to the external website of the respective social network. If you are logged into your account of the respective social network during your visit to one of our social media profiles, the network can assign the visit to that account. If you interact with our profile, for example by clicking on "share" or "like," this information will also be stored in your user account. Through the "Insights" feature on the social network Instagram, we have the ability to obtain statistical data about the usage of our Instagram profile. These statistics are provided by Instagram. The "Insights" feature cannot be turned off. We cannot decide to turn this feature on or off. It is available to all operators of an Instagram business account, regardless of whether you use the Insights feature or not. Through Instagram Insights, we receive anonymized data about the development and reach of our Instagram profile, as well as the posts, stories, and videos we have posted there. Instagram Insights also provide us with statistical information about the origin, gender, and age of our Instagram profile's subscribers.

(2) The social networks with which you interact store your data as usage profiles using pseudonyms and use them for advertising purposes and market research. For example, advertisements may be displayed within the social network and on other third-party websites that correspond to your presumed interests. Normally, cookies are used for this purpose, which are stored on your device by the social network. For more information about cookies, please refer to § 5. You have a right to object to the creation of these user profiles, and to exercise this right, you must contact the social networks directly (contact information provided below).  

(3) We maintain profiles on the aforementioned social networks for the purpose of contemporary and supportive public relations and corporate communication with customers and interested parties.

(4) The legal basis for data processing in the context of our profiles on social networks is the protection of our legitimate interests (Art. 6(1)(f) GDPR). Our legitimate interest lies in the aforementioned purposes. If you are asked by the operator of a social network for consent, the legal basis is Art. 6(1)(a) GDPR.

(5) The respective social networks are operated by the companies listed below. For further information on data protection regarding our profiles on social networks, please refer to the linked privacy policies. 

• Instagram: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Privacy Policy: https://privacycenter.instagram.com/policy/. 
• Pinterest: Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland. Data may be transferred to the parent company Pinterest Inc., 651 Brannan Street, San Francisco, California, 94107, USA, and processed there. For more information on privacy at Pinterest, please visit https://policy.pinterest.com/de/privacy-policy. 
• Facebook: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Privacy Policy: https://www.facebook.com/privacy/policy. 

13. Objection to the Processing of Your Data 

To the extent that we base the processing of your personal data on the balancing of interests (Art. 6(1)(f) GDPR), you have the right to object to such processing. This applies if the processing is not necessary for the performance of a contract with you, as described in detail by us when describing the functions. If you exercise such an objection, please explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either discontinue or adjust the data processing, or show you our compelling legitimate grounds for continuing the processing. 

 

14. Other Purposes of Processing

(1) Furthermore, we process your personal data to fulfill other legal obligations that may apply to us in connection with our business activities. These include, in particular, commercial or tax retention periods. We process your personal data in accordance with Art. 6(1)(c) GDPR to fulfill a legal obligation to which we are subject.

(2) Additionally, we process your personal data to assert our rights and enforce our legal claims. We also process your personal data to defend against legal claims. Finally, we process your personal data to the extent necessary to prevent or prosecute criminal offenses. We process your personal data to protect our legitimate interests in accordance with Art. 6(1)(f) GDPR, to the extent that we assert legal claims, defend ourselves in legal disputes, or prevent or investigate crimes. 

 

15. Duration of Data Storage

We process and store your personal data initially for the duration necessary to achieve the respective purpose of use (see above for the individual processing purposes). This includes, if applicable, the periods for initiating a contract (pre-contractual legal relationship) and executing a contract. Based on this, personal data is regularly deleted within the framework of fulfilling our contractual and/or legal obligations, unless its temporary further processing is required for the following purposes:

• Fulfillment of legal retention obligations, which may arise, for example, from the Commercial Code (Sections 238, 257(4) HGB) and the Fiscal Code (Sections 147(3), (4) AO). The deadlines prescribed there for storage or documentation can be up to ten years. 
• Preservation of evidence within the scope of statutory limitation periods. Pursuant to Sections 194 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years. 

 

16. Amendment of this Data Protection Declaration 

Due to the further development of our website and offers thereon or due to changed legal or regulatory requirements, it may be necessary to amend this data protection declaration. The current data protection declaration can be accessed and printed out by you at any time on the website at https://eu.nakyangyarn.com/ .