Landline: +43 1 952 15 61 (available Monday to Friday from 9AM to 6PM CET)
Managing Directors: Beatrice Tourou
Legal Form: Gesellschaft mit beschraenkter Haftung (GmbH)
Membership: The Austrian Economic Chambers, Federal Department for Trade
Business Licence: Commercial Trade, Reg.ZI.: 111822F01/08 of the Municipal Authority of the City of Vienna
Registered at the Commercial Court of Vienna
Commercial registration no.: FN 403708 p
VAT-ID no.: ATU68242608
DPR no.: 4011134
Nature and purpose of the business: Trading
Place of jurisdiction: Vienna, Austria
Link to the online arbitration platform according to the ODR regulation: http://ec.europa.eu/consumers/odr/
Valid from 7 November 2016
The principal (Auftraggeber) within the meaning of the Austrian Data Protection Act 2000 (Datenschutzgesetz 2000 – DSG) is Boulesse GmbH, Stubenbastei 12/12, 1010 Vienna, FN 403708p of Commercial Court Vienna (Handelsgericht Wien) (“Boulesse”).
3. COLLECTION AND RECORDING OF DATA
3.1. In the course of your visit to the Boulesse-Webshop, your orders in the Boulesse-Webshop and your submission of any data to your customer account Boulesse collects the following personal data (“Collected Data”):
a) Information given by you:
Boulesse collects and records all data, which you enter in the Boulesse-Webshop, or you submit in any other way, for example during any ordering process or to your customer account. This information includes name, gender, residential address, delivery address, e-mail address and the password of your customer account.
b) Communication by e-mail:
Boulesse collects and records all data, which you transmit to us by e-mail. Furthermore, Boulesse collects and records information about which e-mails from Boulesse you open, provided this function is supported by your device. If you do not want to receive e-mails for advertising purposes or if you generally do not want to receive any e-mails from Boulesse (with the exception of e-mails, which are necessary in connection with the ordering process, such as order confirmations and invoices) please contact us by e-mail to email@example.com with the subject “Unsubscribe”.
c) Automatic information:
d) Mobile devices
If you download or use applications of Boulesse on your mobile device, activate location-based services and agreed to the transmission of information, you may transmit information regarding your location, the device you use and the unique identification number of your device. On most devices, it is possible to deactivate location-based services.
3.2. Boulesse will neither collect nor record bank account and credit card data. The bank account and credit card data, which you specify in the course of the ordering process, will be transmitted directly to the bank keeping your account or to the issuer of your credit card or to the authorized service provider, respectively. Boulesse at no point in time will have access to such data.
3.3. Boulesse under tax and commercial legislation is subject to certain requirements of data recording and storage and therefore is obliged to store Collected Data for at least seven years and in certain cases (judicial or administrative proceedings) for a longer period. This means Collected Data may be stored by Boulesse beyond the time of deletion of your customer account.
4.2. You may configure your web browser in a way that either all cookies will be accepted, or you will be notified before the installation of any cookies, or all cookies will be generally declined. You can also manually delete all or selected cookies in your browser options at any time. Please note that in case of deactivation of cookies you may not be able to use certain personalized services of the Boulesse-Webshop.
5. DATA PROCESSING
5.1. Boulesse processes the Collected Data for the following purposes:
a) Communication with you
b) Processing of orders (in particular delivery of goods, handling and return of payments)
c) Enabling the implementation of technical, logistic or other services on behalf of Boulesse
d) Improvement of the product range of the Boulesse-Webshop
e) Personalization of future shopping experiences
f) Prevention of misuse of the Boulesse-Webshop
g) Improvement of design and technical properties of the Boulesse-Webshop
h) For mobile devices: Offering of location-based services, such as search results or other personalized contents
5.2. In addition, Boulesse processes the Collected Data for its own marketing measures such as the mailing of direct advertising or general information of advertising nature (newsletters). Boulesse for these purposes also transmits your Collected Data (name, gender, residential address and e-mail address) to those Boutiques, the listed goods of which you have ordered or from which you explicitly requested (over your customer account) the receipt of advertisement. Other than by transfer of certain Collected Data according to sections 6 through 9 Boulesse does not transmit any Collected Data to any other person.
5.3. Upon your request Boulesse will not use your Collected Data for advertising purposes and will not transmit your Collected Data to Boutiques for advertising purposes. If you do not want to receive e-mails for advertising purposes, please contact us by e-mail to firstname.lastname@example.org with the subject “Unsubscribe”
6. CUSTOM AUDIENCE
6.1. Boulesse uses the “Custom Audience”-technology for the Boulesse-Webshop. Custom Audience is a service provided by Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA, and Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland, respectively (jointly “Facebook“). The Custom Audience technology is used for statistical purposes and for market research and allows Boulesse to realise the purposes indicated in section 5 and in particular to measure and design more effectively its activities on Facebook, e.g. by showing certain posts or advertisements on Facebook only to visitors of the Boulesse-Webshop.
6.2. In order to use the Custom Audience technology so-called remarketing tags and tracking pixels are integrated in the Boulesse-Webshop. When you visit the Boulesse-Webshop, a direct connection is established between your browser and the Facebook server by way of the remarketing tag. Through this process, Facebook exclusively receives the IP-address of your device and the information that you have visited the Boulesse-Webshop using that IP-address. This way, Facebook can match your visit in the Boulesse-Webshop to your Facebook account and is able to display targeted posts and ads in your Facebook account. In order to use the Custom Audience technology even more efficiently, Boulesse reserves the right to transmit to Facebook your e-mail address and information, which Boulesse has collected by way of cookies. Apart from your IP-address and your e-mail address Facebook receives no Collected Data from Boulesse by way of the Custom Audience-technology. Further information can be found in Facebook’s data policy at https://www.facebook.com/about/privacy/. If you do not want your data to be collected via Custom Audience and your IP-address or your e-mail-address not transmitted to Facebook, you can deactivate Custom Audiences here.
7. SOCIAL MEDIA-PLUGINS
7.1. Moreover, the Boulesse-Webshop includes certain features of third party providers (so-called plug-ins) of social media platforms (e.g. Facebook, Twitter, Google+). These plug-ins enable visitors of the Boulesse-Webshop to share information over social networks.
8. TRANSMISSION OF DATA TO SERVICE AGENTS
8.1. Beside the transfer of Collected Data within the analytical tools described in the section 6 and 7 Boulesse transmits certain Collected Data to service agents in Austria and abroad, which are instructed by Boulesse with the provision of certain services in connection with the purposes specified in section 5. These service agents include the Boutiques and carriers, which require certain Collected Data (e.g. delivery address) for consignment and transport of the ordered goods to you. Furthermore, also banks and credit card institutions have to receive certain Collected Data for processing payments. By visiting the Boulesse-Webshop, you agree that Boulesse and its service agents process your Collected Data for the purposes specified in section 5.
8.3. Boulesse also uses additional external service agents to analyse the usage of the Boulesse-Webshop. By visiting the Boulesse-Webshop, you agree that these service agents collect anonymous data of a part of your visiting behaviour during your visit of the Boulesse-Webshop. The data collected in this way will be anonymously transmitted to servers of the service agents abroad, including in the United States. Boulesse only co-operates with service agents, which have contractually undertaken to Boulesse that they will not associate the anonymous usage data (which was collected in the way described above) with any other data which concerns you and which may have been collected on other websites. The identification by these service agents of visitors of the Boulesse-Webshop by their names is therefore excluded contractually and by technical means.
9. TRANSMISSION OF DATA TO AUTHORITIES AND ILLEGAL ACTS
9.1. Boulesse and the Boutiques may be obliged to transmit certain Collected Data to customs authorities in order to complete customs declarations and other measures and declarations in the connection with the customs clearance of goods ordered by you in the Boulesse-Webshop.
9.2. Boulesse will process any personal data beyond the scope of the Collected Data provided there is sufficient indication for such processing and as far as such processing is required in a particular case for the investigation and prevention of criminal offences, breach of contract and other illegal acts, in each case involving the Boulesse-Webshop. In order not to interfere with the investigation of such illegal acts, Boulesse will not inform the person whose personal data is processed.
9.3. Boulesse may also be obliged by judicial or administrative requests in connection with Court or administrative investigations or with other suspicion of criminal or otherwise illegal acts to disclose personal data. Boulesse will comply with such requests provided they are in line with the laws. Again, in order not to interfere with the investigation of such illegal acts Boulesse will not inform the person whose personal data is processed.
10. APPLICABLE LAW AND JURISDICTION
10.2. This choice of law is subject to mandatory consumer protection laws of the ordinary place of residence of any customer outside Austria, provided such customer has its ordinary place of residence in a member state of the European Economic Area (EEA).
10.3. The relationship between Boulesse and customers who are consumers shall be subject to the non-exclusive jurisdiction of the Courts of the First District of Vienna. Claims by consumers against Boulesse based on mandatory consumer protection laws of the customer’s ordinary place of residence may be either brought before the Courts of the First District of Vienna or before the Courts of the EU member state where the customer has its ordinary place of residence.
10.4. The relationship between Boulesse and customers who are entrepreneurs shall be subject to the exclusive jurisdiction of competent Courts in commercial matters of the First District of Vienna. Furthermore, Boulesse is entitled to sue the entrepreneur at its place of general jurisdiction.
11. GENERAL PROVISION