Privacy and data protection
Data protection statement
This Data Protection Declaration gives you an overview of how Bistromarket processes your data. It applies to all websites, apps and other benefits and services offered by Bistromarket.
How you can read these Data Protection Declarations: We offer you various options for reading this Data Protection Declarations. We have sorted this Data Protection Declaration into topics relevant for you and divided it accordingly into individual chapters.
Which services and offers this Data Protection Declaration applies to: Bistromarket processes your data in a similar way for most of our services. This Data Protection Declaration therefore applies to all benefits and services which we offer our European customers. This is true regardless of whether we do this via a website, an app, in transactions, on the phone, at events or via social networks or other channels. For ease of comprehension, we use the term “services” to summarise this “normal case”.
There are, however, also exceptional services where we process your data differently or for particular purposes. This may be due to the nature of a service or country-specific requirements. When we are referring to these cases (that is “deviations from the normal case”), we call them “service-specific” or “country-specific”.
Finally, you should also bear in mind that Bistromarket is not just a single company. Bistro is a group and thus consists of multiple companies. Not all of these companies offer you services or process your data. For simplicity, only the Bistro Group companies which are actually involved in processing your data are named below. Where we refer below to “Bistromarket”, “we” or “us”, we mean the responsible companies within Bistro Group which process your data.
What you will learn in this Data Protection Declaration:
- Which data Bistromarket stores.
- What we do with this data and what it is needed for.
- Which data protection rights and options you have.
- Which technologies and data we use to personalise and coordinate our services in order to offer you a secure, simple, seamless and individual shopping experience.
- Which technologies and data we use for advertising, including the tracking technologies we use.
If you have a question regarding this Data Protection Declaration or the topic of data protection at Bistromarket in general, you can contact us and our data protection officer under firstname.lastname@example.org or call us +49 (0) 89 746 10 480
1. Which data does Bistromarket process?
Bistromarket offers you a wide range of services, which you can also use in a wide range of ways. Depending on whether you contact us online, by phone or otherwise and on which services you use, various data from different sources may come into play. Much of the data we process is provided by you yourself when you use our services or contact us, for example when you register and provide your name or email address or address. We do, however, also receive technical device and access data which is automatically collected when you interact with our services. This may, for example, be information on which device you are using. We collect further data using our own data analyses (e.g. within the framework of market research studies and customer evaluations). We may also receive data on you from third parties, for example for credit rating agencies and payment service providers.
When we talk about “your data”, we are referring to personal data. This includes all information which allows us to identify you straight away or by combining it with other information. Examples: Your name, your telephone number, your customer number, order numbers or your email address. All information which cannot be used to identify you (even by combining it with other data) is classified as non-personal data. Non-personal data is also referred to as anonymous data. If we combine your personal data with anonymous data, all the data in this record counts as personal data. If we delete the personal data from a piece of information or a record on your person, the remaining data in this record no longer counts as personal data. This procedure is referred to as anonymisation. The following generally applies: If we request that you share particular personal information with us, you may of course refuse to do this. You can decide which information you share with us. We may, however, be unable to provide you with the desired services (at least not optimally). For example, you cannot have a package delivered without giving a delivery address. If particular information is required in connection with a service (mandatory information), we will inform you by marking it accordingly.
1.1 Profile information
Profile information is personal and demographic information on your person (so-called master data), along with your individual interests, which you share with us when registering for a customer account. Your profile data includes, for example:
- Your first and last names
- Your contact details
- Your preferences, e.g. in relation to brands, product types or styles
- Demographic information such as your gender, age and place of residence
Mandatory information is usually your name, your email address and a password you choose yourself. Your email address and the password will later constitute your login details.
Other mandatory information may also be required for the use of access-restricted, fee-based or personalised services, such as your date of birth or your title (e.g. in order to transfer you to the relevant Bistromarket shop page for your gender) or your favourite brands and clothing styles.
Profile data may also include further information on your person and your interests. These may be collected in the process of registering for the service, or only subsequently. This is the case, for example, if you later add voluntary information to your profile or you wish to use your customer account to register for a service which requires additional mandatory information.
1.2 Contact details
If you contact us, we collect your data. Depending on how you contact us (e.g. by phone or by email), your contact details may include your name, postal addresses, telephone numbers, fax numbers, email addresses, detail on your social network profiles (for example we receive your Facebook ID if you contact us via Facebook), user names and similar contact details.
1.3 Shopping information
If you order something from Bistromarket or shop on site, for example at a Bistromarket Outlet Store, we collect your shopping data. Depending on the type of purchase and processing status, shopping data may include the following information:
- Order number
- Details on the purchased items (name, size, colour, price etc.)
- Payment method information
- Delivery and billing addresses
- Messages and communication relating to purchases (e.g. notice of revocation, complaints and messages to customer service)
- Delivery and payment status, e.g. “completed” or “dispatched”
- Return status, e.g. “successfully completed”
- Information on service providers involved in executing the contract (for order purchasing perhaps shipment numbers of parcel services)
1.4 Payment details
We offer you the common payment methods in online retail - especially advance payment, credit card, PayPal or invoice. We collect the payment details shared by you in order to execute the payment. We receive further payment details from external payment service providers and credit agencies which we work with in executing payments and carrying out credit checks. We only forward information to our payment service providers which is necessary for processing payment.
Payment details include:
- Preferred payment method
- Billing addresses
- IBAN and BIC or account number and sort code
- Credit card details
- Creditworthiness data
The payment details also include other information directly connected to payment processing and credit checking. This applies, for example, to information which external payment service providers use for identification such as your PayPal ID (if you are paying with PayPal).
1.5 Interests information
When you interact with our services, data arises which we use to find out which content, topics, products, product types, brands or styles you are interested in. For example, we can use shopping data, wish list content and your age (if this information is available to us) and comparison with users with similar features to find out which styles and product categories you are interested in. Thus, we can show the products which will probably be most relevant to you first the next time you perform a search.
Along with the interests you have directly shared with us, we can also derive your interests from other data we have collected. If, for example, you repeatedly visit a particular area of the Bistromarket shop, we can extrapolate your interests from your access data by means of usage analysis (e.g. we can deduce that you might be interested in sugar if you frequently visit the category “sugar” or order products from this category).
For this purpose, we also receive demographic information and statistics on our users from our external advertising partners (such as age, gender, region), as well as device and access data and interests. We take care that our advertising partners only provide Bistromarket with aggregate, encrypted and anonymous data, so that we cannot assign the data to any particular person, especially any particular user. This information may help us to understand our users better, perhaps within the framework of customer structure analyses and user segmentation.
1.6 Messages, conversation content
If you communicate with us or other users regarding products (e.g. product evaluations) and other topics by phone, post, social media, contact forms or any other medium, we collect the content of your messages.
We may forward your messages to the office responsible for your concerns, perhaps to partner companies or manufacturers. If your messages are forwarded to another company (e.g. if you provide us with feedback on the manufacturer of a product), you of course have the option to tell us that the data should only be used by Bistromarket. If so, we will not forward your information to the responsible office, or will only do so without your personal information, provided that your concerns can be processed in this way.
If you transmit messages to us for other users via functions provided for this purpose (e.g. product evaluations), we may publish these within the scope of our services.
1.7 Social network data
Social media functions may be integrated into Bistromarket’s services. These may include messenger services and so-called social plug-ins or social logins, such as “login with Facebook”. If you activate or use these functions and are a member of the relevant social network, we may receive data from their respective operators which allows us to identify you. We usually receive the following data from social networks:
- your public profile information (e.g. name, profile picture)
- Information on the type of device you are using
- the account ID of your profile with the relevant network (e.g. Facebook ID)
We will also not receive any data from the social network providers which could be used to identify or contact you unless you provide your consent.
In connection with advertising via social networks we generally only receive general demographic and interest-related information to make our adverts more efficient, e.g. that a particular advert was clicked on by a man from Berlin between the ages of 25 and 34 and interested in shopping and food. This information and these estimates come from the operator of the social network.
Bistromarket currently uses Facebook’s Messenger service and social plug-ins/logins from the following social networks:
- Instagram, Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland
2. What does Bistromarket use my data for?
Bistromarket processes your data in accordance with all applicable data protection laws. Of course, we observe the principles of data protection law for the processing of personal data. We therefore generally only process your data for the purposes explained to you in this Data Protection Declaration or shared when we collect the data. These are mainly purchase processing and the provision, personalisation and development as well as security of our services. We also use your data within the framework of the strict German and European data protection law, but also for other purposes such as product development, scientific research (especially in the areas of machine learning, artificial intelligence and deep learning) and market research, for the optimisation of business processes, the needs-based design of our services and personalised advertising.
In this chapter, we also inform you of the legal basis on which we process data for the individual purposes. Depending on the legal basis for our processing of your data, you may have additional data protection rights alongside your permanent rights such as the right to information. For example, in individual cases you have the right to object to the processing of your data.
2.1 Purchase processing and provision of online, local and personalised services
- The provision, personalisation and needs-based design of our services such as the Bistromarket shop (including our respective websites, apps and cross-device and cross-platform functions).
- The provision of local services, e.g. in Bistromarket Outlet Stores and at events and trade fairs.
- The execution of customer programmes such as Bistromarket Outlet Card and Bistromarket Plus.
- The execution of purchase agreements and customer service including dispatch and payment processing, claim management as well as the processing of returns, complaints and warranty claims.
- The provision of messages, reports, newsletters and other direct communication, insofar as these are an integral component of our contractual services or the services requested by you.
- The guarantee of the general security, operability and stability of our service including defence from attacks.
- Non-promotional communication with you on technical, security-related and contractually relevant subjects (e.g. fraud warnings, account blocking or contractual changes).
- The mediation of contracts via our trading and sales platform, perhaps within the framework of the Bistromarket partner programme or Bistromarket Wardrobe.
- The issuing, redemption, delivery of Bistromarket vouchers.
- The execution of campaigns and competitions.
Insofar as the purpose relates to the execution of a contract agreed with you or the provision of a service requested by you, the legal basis is Article 6 (1) b GDPR. Otherwise, the legal basis is Article 6 (1) f GDPR, whereby we may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests.
2.2 Fraud prevention, selection of payment methods and credit checks
Prevention of fraud
In order to combat the risk of data security breaches, data pertaining to users of our services is encrypted in transmission. This applies both to ordering and to registering for a customer account. For this we use the coding system SSL (Secure Socket Layer). Encryption prevents third parties from viewing the data. To provide additional protection from external attacks, we rely on special security technologies which constantly check our systems and identify and report anomalies. We also use technical and organisational measures to secure our systems against loss, destruction, unauthorised access or distribution of customer data by unauthorised persons. In this manner we wish to keep the risk of unauthorised access as low as possible, because protecting your data is our top priority. However, we - like other companies - cannot guarantee absolute protection.
We also use technical and manual procedures for fraud prevention in order to protect us and our users from misuse of data, especially by fraudulent orders. To this end, Bistromarket summarises and evaluates your device and access data (including IP address, identifiers, user behaviour), shopping data and payment details (including address and other creditworthiness data from external credit agencies) as well as the change history of your profile information (e.g. when your delivery address was last changed) under a pseudonym when executing an order. The record is also compared with your previous usage and order habits. We also compare it to general records from all Bistromarket orders (also from other Bistro Group companies) involving confirmed or suspected fraudulent actions. This comparison allows us to identify fraud patterns and to prevent fraud and identity theft by comparing patterns.
Following registration for a customer account, Bistromarket transmits your name and your addresses as given in the profile to external credit agencies. This serves to ensure that you are actually registered and can be reached at the disclosed addresses. Typical indicators which - usually in combination - may increase the probability of attempted fraud include:
- Your delivery address was changed shortly before the submission of the order and/or is in a region with increased risk of fraud.
- Your order is particularly large and/or includes products which are subject to particularly high demand at present and/or are carried out at an unusual time for your region (e.g. at night).
- The payment methods invoice or direct debit are used for the order.
- There were suspicious login attempts on your account before the order was submitted, the pattern of which suggests automation.
- Your customer account is used from a suspicious IP address.
- Your customer account is used by an unknown or suspicious device.
If our security system suspects attempted fraud or an increased risk of fraud, the relevant procedure will be forwarded to the Bistromarket fraud team for manual investigation. Appropriate preventative measures will be taken in view of the risk of fraud (e.g. temporary blocking of the customer account or restriction of payment methods offered).
If your data is processed to prevent fraud at your expense, the legal basis is Article 6 (1) b GDPR. This processing of your data otherwise occurs on the basis of Article 6 (1) f GDPR, based on our legitimate interest and that of other users in the identification and prevention of fraud and clarification of criminal offences.
Choice of payment methods
Before we show you the payment methods available for a purchase, Bistromarket will carry out a risk assessment. Your previously collected purchase data, payment details, creditworthiness data, data on your previous payment behaviour as well as your profile information (such as surname, first name, delivery and billing address, email address, date of birth) will be used to carry out the risk assessment. The assessment and evaluation will be carried out automatically using statistically justified estimates of the default risk in relation to the payment methods we offer. Within the framework of the risk assessment, Bistromarket also transmits your data to external credit agencies to receive general information from these on the evaluation of the payment-specific default risks (e.g. on whether your address is plausible and up-to-date) as well as, in individual cases, creditworthiness data, perhaps on open invoices and circumstances directly resulting in a risk of payment default (e.g. insolvency, deferral due to inability to pay). Which specific creditworthiness data is taken into account in the course of the risk assessment may vary from country to country.
The default risk is assessed separately for each payment method in the form of an estimate. If the risk assessment yields a positive result, we can offer all the payment methods we generally offer. Otherwise, we will only offer you particular payment methods. Factors which may influence the availability of a payment method include:
- The combination of name and address could not be found. This may result from typing errors, moves, marriage or a change of district.
- You have given a delivery address, packing station or company address differing from the billing address.
- There are still open claims against you.
- There have been payment disruptions with particular payment methods in the past.
The risk assessment will not mean that you are not offered any payment method. If you are not in agreement with the payment methods offered, you can inform us of this in writing by letter or email at email@example.com. We will then check the decision again, taking your viewpoint into account.
If you have given consent to the processing of your data as described above for the choice of payment methods, the legal basis is Article 6 (1) a GDPR (Consent). Otherwise, the legal basis is Article 6 (1) f GDPR, based on our legitimate interest in avoiding default risks.
2.3 Advertising and market research, data analysis
We use your data, also within the framework of data analysis, for advertising and market research, in particular for the following purposes:
- Classification into various target and user groups within the framework of market research (user segmentation).
- Findings on various target groups and their respective usage habits and shopping interests.
- The production of findings on demography, interests, our users’ shopping and usage habits as well as the marketing on these findings within the framework of advertising services provided to third parties.
- The early identification of trends in the areas of fashion and online shopping.
- The execution of advertising to existing customers.
- The execution of direct marketing, e.g. in the form of newsletters.
- The planning, execution and success monitoring of advertising corresponding to the interests of the target groups being addressed (personalised advertising).
- Findings as to how our services are used (usage analysis).
- The marketing of the above findings within the framework of advertising services for advertising customers.
Depending on the purpose, we use the data we have stored for data analysis. For example, we use summarised (aggregated), statistical, depersonalised (anonymised) profile information or data which can only be assigned to persons via further intermediate steps (pseudonymised profile information) as well as shopping and device and access data in order to understand and analyse purchasing processes using data analysis. This gives us anonymous or pseudonymised findings on our users’ general usage behaviour.
We process your data on the basis of balancing of interests to protect our legitimate interests or those of third parties (such as advertising partners or dealers which participate in Bistromarket’s partner programme). Bistromarket’s legitimate interest or that of third parties in data processing derives from the relevant purposes and is, unless otherwise indicated, of a competitive and economic nature.
If data processing for the above purposes occurs with your consent, the legal basis is Article 6 (1) a GDPR (consent). This data processing data otherwise occurs on the basis of Article 6 (1) f GDPR, whereby the legitimate interests are for the above purposes.
2.4 Product and technology development
We use your data for product and technology development including the development and improvement of personalised services. In doing this we use aggregated, pseudonymised or anonymised data and machine learning algorithms, perhaps from our research, which facilitate estimates, prognoses and analysis in the interests of our users. In this way, for example, we can develop apps which can suggest products targeted to your interests and needs and recognise styles and assign products which correspond to your actual interests. Data is processed in relation to product and technology development particularly for the following purposes:
- The development and improvement of personalised services and technologies for data analysis, advertising and personalised online shopping.
- The development of technologies and concepts to improve IT security, prevent fraud and improve data protection e.g. by pseudonymisation, encryption and anonymisation technologies.
- The development and testing of software solutions for the optimisation of necessary business and logistics processes.
The legal basis for the processing of your data for product and technology development purposes is Article 6 (1) f GDPR, whereby our legitimate interests are in the above purposes.
2.5 Business management and business optimisation
We transmit and process your data where necessary for administrative and logistical processes and to optimise business processes within Bistro Group in order to design these in a more efficient and legally secure way and to fulfil our contractual and legal obligations (e.g. retention obligations under commercial and tax law). Many systems and technologies are shared within Bistro Group. This allows us to offer a more economical, secure, unified and personalised service. Therefore, various companies within Bistromarket Group have access to your data in so far as this is necessary for the fulfilment of the purposes named in this Data Protection Declaration.
Data processing for business management and business optimisation also includes, for example, the following purposes:
- The execution and improvement of customer service.
- The prevention and clarification of criminal offences.
- Guaranteeing the security and operability of our IT systems.
The legal basis for the processing of your data for business management and optimisation is Article 6 (1) f GDPR, whereby our legitimate interests are in the above purposes. Where we process your data on the basis of legal specifications, e.g. retention obligations and money laundering tests under tax law, the legal basis is Article 6 (1) c GDPR.
2.6 On the basis of your consent
If you have given us your consent for the processing of personal data, your consent is the primary basis of our data processing. Which of your data we process on the basis of your consent depends on the purpose of your consent. Typical purposes include:
- Subscription to a newsletter.
- Participation in surveys and market research studies.
- The processing of particularly sensitive data, containing e.g. your political opinions, religious or ideological convictions or state of health.
- The recording of telephone conversations which you have e.g. with our hotline.
- The transmission of your data to third parties or to a country outside the European Union.
- The execution of a credit check (if it is not necessary for contractual fulfilment or precontractual measures).
Notices of withdrawal
You can withdraw consent at any time with effect for the future, e.g. by e-mail, letter or fax.
2.7 Other purposes
If data protection law allows it, we can use your data for new purposes such as carrying out data analyses and developing our services and content without your consent. It is a prerequisite for this that these new purposes which the data is to be used for were not fixed or foreseeable when the relevant data was collected and the new purposes are compatible with the purposes for which the relevant data was originally collected. For example, new developments in the legal or technical sphere and new business models and services may lead to new processing purposes.
3. Personalised services
The development and provision of personalised functionalities and services for you is our top priority. We offer you an individual shopping experience and a range tailored to your individual interests, regardless of location, time and devices used. The processing of your data to personalise our service is therefore an integral part of Bistromarket’s service.
If you create a wish list in the Bistromarket app, you can view and edit this later on the Bistromarket website.
If you search for products on the Bistromarket website, we save your search terms. This allows us to show the results first which are probably particularly relevant to you when you search the Bistromarket website in future.
If you place a product in the basket, we can give you recommendations on the selection of suitable products on the basis of your previous orders and returns.
If you have subscribed to our newsletter, we can present you with products which fit your previous orders.
3.1 What are personalised services?
Personalised services allow us to offer you better, more practical and more secure services. To this end we use the data we have stored about you in order to determine your needs and interests. On this basis we can offer you more relevant content corresponding to your needs and interests. Of course, you still have access to all content. Personalisation allows you to see content which is more relevant to you more quickly, or content is specially presented to you (e.g. in the form of individual product recommendations).
3.2 Why do I need a customer account?
Most of our personalised services require you to set up a customer account so that we can save data we collect on you at a central location.
3.3 Which data is saved on my customer account?
Data which we collect about you is saved on your customer account, along with your customer number (customer ID). The customer number is a randomly generated sequence of numbers which does not contain any personal data. Your data is associated with your customer number, in order to link you to your customer account. The customer number also functions as a pseudonym.
3.4 Which data is used for personalisation?
Personalised content is generally selected on the basis of all data stored on your customer account.
If device and access data is used which is not saved on your customer account, these are only pseudonymised for the relevant personalisation (so e.g. in connection with your customer number, but not in connection with your named or other directly identifying profile data) for the duration of the usage.
- Creditworthiness data
- Information for campaigns and surveys
- Job applications
- Notifications (e.g. from customer service)
3.5 Your options
You can view most of the data we have stored on your customer account at any time. If required you can also edit this data on your account and influence personalisation, perhaps by providing your preferences.
If personalisation is based on device and access data, you can prevent the collection of this data by deactivating the collection of this data by tracking tools. Please bear in mind, however, that you will receive less or no personalised content and services. Please bear in mind that the data used for personalised services are also needed for other purposes (including the provision of our services), in which case the collection of the data required will continue to be collected. However, the advertising presented to you will then not be personalised.
4. Info on websites and apps
We use your data to provide access to the Bistromarket websites and apps. Along with the device and access data collected whenever you use these services, the type of data processed as well as the processing purposes depend especially on how you use the functions and services provided via our services. We also use the data collected when you use our services to find out how our online offering is used. We use this information and other information in the course of shopping personalisation to improve our services and for personalised advertising.
You can find the responsible service provider in the imprint of the relevant website or app.
4.2 Which data is collected?
We generally collect all the data which you directly share with us via our services.
Device and access data
Whenever you access our services and databases, we collect device and access data and record it in so-called server log files. The IP address it contains is anonymised shortly after the end of the relevant session, as soon as storage is no longer required to maintain the functionality of the relevant website.
If it is available and activated on your device, we also collect a device-specific ID number (e.g. a so-called “promo ID” if you are using an Android device or an “ad ID” if you are using an Apple device). This device ID is issued by the manufacturer of your operating system and can be read by websites and apps and used to present content on the basis of your usage habits. If you do not want this, you can deactivate it at any time in your device’s browser settings or system settings.
We set up password-protected personal access for users who register for a customer account or another service. If you do not log out again after logging in with your login details, most services automatically keep you logged in. Depending on the type of service, a cookie or similar technology is used for this. This function allows you to use part of our services without having to log in again every time. For security reasons, however, you will be asked to enter your password again if, for example, you want to change your profile information or submit an order.
Our services may contain social plug-ins (“plug-ins”) from various social networks. These plug-ins allow you, for example, to share content or recommend products. The plug-ins are deactivated as standard and therefore do not send any data. You can activate the plug-ins by clicking on the corresponding button (e.g. “activate social media”. The plug-ins can also be deactivated again with a click. If the plug-ins are activated, your web browser sets up a direct connection to the web servers of the relevant social network. The content of the plug-ins is then transferred by the social network directly to your web browser and integrated by the latter into our website. Integrating the plug-ins allows the social network to receive the information that you have called up the relevant page of our internet offering and can collect your device and access data. If you are logged into the social network, the latter may also assign the visit to your account with the relevant social network. If you interact with the plug-ins, for example by clicking the Facebook “like” button or making a comment, the corresponding information will be transmitted by your browser directly to the social network and stored there. The purpose and scope of the data collection, and the further processing and use of the data by the particular social networks and your rights and configuration options concerning this to protect your privacy, can be found in the privacy notices of the respective social networks and websites. You can find the links to these below. Even if you are not registered with the social networks, websites with active plug-ins may send data to the networks. An active plug-in will place a cookie with an ID each time you call up the website. Because your web browser sends this cookie without being asked every time you connect to a server, the social network could in principle create a profile of which websites the user belonging to the ID had called up. And it would also be quite possible to assign this ID to a person, for example if they later registered with the social network.
Facebook social plug-ins
Twitter social plug-ins
Pinterest social plug-ins
Our services may offer you the option of registering with us directly using your social network accounts. If you wish to use this function, you will first be forwarded to the relevant social network’s offering. There you will be asked to log in with your user name and password. Of course, we do not ourselves take note of your login details. If you are already logged in, this step will be skipped. The relevant social network then notifies you and asks you to confirm which data are transmitted to us (e.g. public profile, friends list, email address and current residence). We use the data transmitted to create your customer account, but will not, of course, save your friends list, for example. No further permanent connection between your customer account and your social network account will take place. We also receive social network data from the providers of the relevant social networks.
Our services use the device and access data from the usage analysis, which are collected when you use our service, for shopping personalisation. Depending on the type of service, this may include common tracking technologies using tracking pixels and identification cookies or similar Ids (so-called tagging). In addition, our advertising partners may collect your device and access data in this way, in order to provide us with information on your interests and demographic data (such as age, gender, region) during your use of our services. This allows us to present you with advertising and/or particular offerings and services which correspond to your interests (for example product recommendations based on the fact that you have only viewed trainers in the last few days). Our goal when doing this is to make our offering as attractive to you as possible and to present you with advertising corresponding to your interest areas. Of course, you can continue to use all content and functions. This on-site optimisation does, however, allow us to first show you content and functions which are more relevant for you. On-site optimisation is carried out automatically by our systems, which recognise that users have repeatedly called up products and content from particular categories.
If you do not want on-site optimisation, you can deactivate this function at any time:
- Please do this by deactivating web analysis or app analysis.
Info on website cookies
What are cookies?
Cookies are small text files which are saved by your web browser and which save particular settings and data for exchange with our web server.
A distinction is generally made between two different types of cookies, so-called session cookies, which are deleted as soon as you close your browser, and temporary/permanent cookies which are stored for a longer period. Storing this data helps us to design our websites and services for you accordingly and makes them easier for you to use, for example by saving particular entries so that you do not have to repeat them constantly.
The cookies used by our website may come from Bistromarket or advertising partners. If you only wish to accept the Bistromarket cookies, but not our advertising partners’ cookies, you can choose the corresponding setting in your browser (e.g. “block third-party cookies). The help function in your web browser’s menu bar generally shows you have to reject new cookies, and to turn off cookies which have already been received. We recommend that you completely log out after you finish using our website on shared computers which are set to accept cookies and Flash cookies.
Our services use three categories of cookies:
- Necessary cookies: These cookies are required for optimal navigation and operation of the website. For example, these cookies are used to implement the basket function, such that the goods in your basket stay saved while you continue with the purchase. The necessary cookies also serve to save particular inputs and settings which you have made so that you don’t have to constantly repeat them, and to adapt Bistromarket content to your individual interests. Only limited use of the website is possible without necessary cookies.
- Statistical cookies: These cookies collect device and access data to analyse the use of our website, such as which areas of the website are used how (so-called surfing behaviour), how fast content is loaded and whether errors occur. These cookies only contain anonymous or pseudonymous information and are only used to improve our website and to find out what our users are interested in, and to measure how effective our advertising is. Statistical cookies can be blocked without adversely affecting the navigation and operation of the website.
- Marketing cookies (“tracking cookies”): These cookies contain identifiers and collect device and access data, in order to adapt personalised advertising on Bistromarket websites to your individual interests. Our advertising partners who operate online advertising networks also collect device and access data on our websites. This allows us to display personalised advertising on other websites and in other providers’ apps which fits your interests (so-called retargeting). Marketing cookies can be blocked without adversely affecting the navigation and operation of the website. Shopping personalisation may, however, not be possible.
4.3 Online advertising/retargeting
Our websites and apps contain cookies and similar tracking technologies from advertising partners which operate an online advertising network. This also allows our advertising partners to collect your device and access data and to present you with personalised advertising on other websites and in other providers’ apps targeted to your interests (e.g. advertising based on which products you have previously viewed in the Bistromarket shop).
You can deactivate the processing of your data for retargeting at any time:
- Please do this by deactivating usage analysis.
- For other websites and apps you can also deactivate retargeting by participating online advertising networks on the deactivation page of the European Interactive Digital Advertising Alliance (EDAA): Deactivate further advertising.
4.4 Usage analysis
We use common tracking technologies to evaluate device and access data. This allows us to find out how our offering is being used by our users in general. We do this using identification cookies and similar identifiers. This allows us to find out, for example, which content and topics are particularly popular, when our services are used the most, from which regions (down to the city level) our services are used and which browsers and devices our users generally use.
We offer you various newsletter services. When you register for a newsletter service you will receive information on the topics dealt with by the individual newsletters. There are also service-specific newsletters, which are integral components of a particular service. For example, you will only receive the Bistromarket newsletter if you are a member of the Bistromarket shopping club. When you use our newsletters we also connect device and access data.
5.1 How do I register?
When sending out our notifiable newsletters (such as the Bistromarket shop newsletter), we use the so-called double opt-in procedure or single opt-in procedure (country-dependent), i.e. we will only send you the newsletter if you have given explicit prior consent to us activating the newsletter. If a double opt-in is required in your country, you must also have confirmed that the email address you have shared with us belongs to you. For this purpose we will send you a notification email and ask you to confirm by clicking on one of the links in this email that you are the owner of the email address you have shared with us. We may waive this measure if you have already confirmed to us in this way for another purpose that you are the owner of this email address.
If you no longer wish to receive emails from us, you can withdraw your consent at any time without incurring any costs other than the transmission costs according to basic tariffs. A notification in text form (e.g. email, fax, letter) to the Bistromarket company responsible for the relevant newsletter is sufficient for this. Of course, you will also find an unsubscribe link in every newsletter.
5.3 Which data is collected?
If you subscribe to a newsletter, we automatically save your IP address and the time of your subscription and confirmation. This way we can prove that you actually subscribed and identify any unauthorised use of your email address.
We collect device and access data which arise when you interact with a newsletter. For this evaluation, the newsletters contain links to image files stored on our web servers. When you open a newsletter, your email programme loads these image files from our web server. We collect the device and access data which then arises in pseudonymised form under a randomly generated ID number (newsletter ID), which we will not use to identify you without your consent. This way we can understand whether and when you have opened which issues of a newsletter. The links contained in the newsletters likewise contain their newsletter ID so that we can determine which content you are interested in. We use the data collected here to create a user profile for your newsletter ID in order to personalise newsletter content according to your interests and usage habits and to statistically analyse how our users use the newsletter service. We connect this data to data which we collect within the framework of usage analysis.
This shopping personalisation is an integral component of the Bistromarket shop newsletter.
You can object to newsletter analysis at any time by deactivating the corresponding newsletter service. Of course, you will also find an unsubscribe link in every issue of our newsletter.
Alternatively, you can deactivate the display of images in your email programme. In this case, however, the newsletter will not be displayed to you in full.
6. Individual product recommendations by email and push service.
In connection with our services we present information and offerings from Bistromarket on the basis of your interests. You will receive these individual product recommendations from us regardless of whether you have subscribed to a newsletter. In accordance with legal stipulations, we preferentially use your previous shopping and interests data, which allow us to derive your product interests in view of the interests, preferences and profile data you have shared with us, to select individual product recommendations.
If you do not wish to receive any more individual product recommendations from us, you can deactivate this service at any time:
- If you do not wish to receive any individual product recommendations from us by email, you can informally object to it at any time without incurring any costs other than the transmission costs according to basic tariffs (e.g. internet connection costs, postage), e.g. by email. Of course, you will also find an unsubscribe link in every email.
We use the data submitted when ordering Bistromarket vouchers to check and process the order and to issue and redeem the voucher. This also includes the recording and processing of the data connected to use of the voucher, especially for fraud prevention.
We also stored the following data for this purpose:
- Date of issue
- Voucher value
- Voucher code
- Personalisation data (if you provide this)
- Name of voucher holder (for personal vouchers)
- Time of voucher redemption
- Name of the redeeming party and the customer account ID of the account used for redemption.
8. How does Bistromarket use my data for advertising?
We and our advertising partners use your data for personalised advertising presented to you in Bistromarket’s services and on other providers’ websites and apps. We and our advertising partners use the prevailing market technologies for this purpose. This allows us to advertise in a more targeted way in order to display as many adverts and offers to you which are actually relevant to you. This allows us to better meet our users’ needs as regards personalisation and discovering new products and to interest you in our service in the long run by providing a more personalised shopping experience.
If you are looking for sugar sticks on the website of a Bistromarket advertising partner, we can take this information into account in your product searches in the Bistromarket shop. This allows us e.g. to show you sugar sticks first in the “sugar” area or to recommend you trainers in the feed on the homepage. If you inform us of preferences in your customer account or you have already bought sports items from us, we can also take this information into account in our recommendations.
8.1 Advertising formats and channels
The advertising formats used by Bistromarket and Bistromarket’s advertising partners include presentations in the Bistromarket shop (within the framework of on-site and in-app optimisation), adverts on social networks (e.g. Facebook ads, Instagram ads, YouTube video ads) and advertising spaces mediated via the online advertising networks used by Bistromarket such as DoubleClick by Google.
Bistromarket does not sell any personal data.
8.2 Information which we use to create target groups
In creating target groups we use our own findings from data analysis on our users’ usage and purchasing behaviour and customers as well as our market research on user segmentation which we apply to the user data collected by Bistromarket. In doing this we especially consider aggregated, pseudonymised or anonymised shopping data, search histories, interests data and demographic profile data as well as device and access data.
A target group may be: “Women between 25 and 35 years old who are food-conscious and interested in sport, and who have ordered a tea product in the last year”.
Our advertising partners also have the option to provide us with their own data for user segmentation, which was collected by the advertising partners themselves. The advertising partners must undertake only to provide Bistromarket with aggregated, encrypted or anonymous data, so that we cannot assign the data to any particular person, especially any particular user of the Bistromarket shop. Some target groups are created on the basis of the users’ surfing behaviour. This is the case if advertising is only intended to be presented to users who have recently visited a particular website or searched for particular content.
8.3 How do we use this information in online advertising on the Bistromarket shop and in other Bistromarket services
We use the above information within the framework of on-site optimisation in order to present you with more relevant information and content when you search for products, call up your feed or visit a product area. On-site and in-app optimisation is based on cookies and similar identification technologies for the pseudonymous collection of device and access data. This data is not used to identify you personally, but rather to evaluate your usage pseudonymously. Your data is never permanently combined with other personal data we have stored on your person. This technology allows us to present you with products and/or particular offerings and services with content based on your device and access data (for example advertising geared to the fact that you have only viewed tea in the last few days).
If you do not want on-site optimisation, you can deactivate this function at any time:
- Please do this by deactivating web analysis or app analysis. Please bear in mind that data used for on-site and in-app optimisation is also used for other purposes (including the provision of our services). The collection of the data used for this is therefore not prevented by deactivation. The advertising presented to you will, however, no longer be personalised.
8.4 On social networks
If we advertise via advertising formats offered by social networks (e.g. YouTube, Facebook, Instagram), we have the option of forwarding encrypted information on Bistromarket users (e.g. device and access data such as advertising and cookie IDs, email addresses) which we believe belong to an advertising customer’s target group or show particular features (e.g. age group, region, interests).
The relevant social network will then - either on our behalf as an order processor or with the consent of the relevant user - decrypt the transmitted data and display the advertising booked by us to the user as part of his existing usage relationship with the relevant social network (if he is a member of the relevant social network).
If you do not want us to use your data to present you with personalised advertising on social networks, you can deactivate the forwarding of your data:
- Please do this by deactivating web analysis or app analysis.
If you have consented to the forwarding of your data to social networks, you can withdraw your consent at any time.
You may also have the option of deactivating the use of your data for personalised advertising by the social networks you use by directly contacting the relevant providers. For further information, directly contact:
Facebook (Facebook, Instagram):
Google (Google advertising network, YouTube, Google search):
8.5 on advertising spaces mediated via online advertising networks (retargeting)
You can deactivate the processing of your data for retargeting at any time:
- Please do this by deactivating usage analysis.
- You can deactivate retargeting by participating online advertising networks for our websites on the deactivation page of the European Interactive Digital Advertising Alliance (EDAA): Deactivate further advertising.
Please bear in mind that the data used for retargeting is also needed for other purposes (including the provision of our services). The collection of the data used for this is therefore not prevented by deactivation. The advertising presented to you will then not, however, be personalised.
9. Who is my data forwarded to?
Bistromarket only forwards your data if this is allowed by German or European law. We work particularly closely with certain service providers, for example in the area of customer service (e.g. hotline service providers), with technical service providers (e.g. running computer centres) or with logistics companies (e.g. postal companies such as DHL). These service providers may generally only process your data on our behalf under special conditions. Where we use them to process orders, the service providers only receive access to your data in the scope and for the time period required for provision of the relevant service. If you shop with a Bistromarket partner, we forward particular shopping data regarding you to the Bistromarket partner (e.g. your name and your delivery address), so that the Bistromarket partner can send you the goods ordered.
9.1 Bistrogroup companies
Many systems and technologies are shared within Bistro Group. This allows us to offer you a more economical, secure, unified and personalised service. Therefore, companies within Bistro group which require access to your data to fulfil our contractual and legal obligations, or to fulfil their respective functions within Bistromarket group, receive this access.
If you register with your customer account (provider: Bistrozucker H&V GmbH) for Bistrotea (provider: Bistrotea H&V GmbH & Co.KG), Bistrozucker grants Bistrotea access to the information stored in your customer account in the necessary scope.
When you contact Bistromarket customer service, your request is forwarded to Bistrozucker & Bistrotea there. Both these Bistromarket companies are responsible for customer service within Bistro group. Where this is necessary to process your concerns, these two Bistro companies may access your data stored by other Bistro companies, for example your order data.
When you submit an order, your order and payment details are forwarded to Bistrozucker H&V GmbH. Bistrozucker H&V GmbH is responsible for payment processing within Bistro Group.
9.2 Shipping companies
We work with external shipping companies (e.g. DHL) to deliver orders. These shipping companies receive the following data to execute the relevant order:
- Your name
- Your delivery address
- your post number if applicable (if you wish to have the order delivered to a DHL packing station)
- your email address if applicable (if the shipping company wishes to inform you of the provisional delivery date by email)
9.3 Partners in the Bistropartner programme
Within the framework of the Bistromarket partner programme we allow other retailers (so-called Bistromarket partners) to sell their products (so-called Bistromarket partner items) via the Bistromarket shop. The Bistromarket shop serves as a sales platform for the mediation of purchase agreements within the framework of the Bistromarket partner programme. “Sale and shipping by our partner” is then displayed under the relevant Bistromarket partner item, along with the name of the relevant Bistromarket partner.
When you order a Bistromarket partner item, the item is generally dispatched by the relevant Bistromarket partner. We forward your shopping data to the Bistromarket partner for this purpose. This includes:
- Details on the Bistromarket partner items ordered
- Your name
- Your delivery address
In some cases or countries we also transmit your email address or telephone number to a partner, but only where this is necessary to facilitate the delivery of the item to you.
Even if you purchase a Bistromarket partner item, Bistromarket remains responsible for processing your data. Your data will neither be processed together with a Bistromarket partner nor on behalf of a Bistromarket partner. Bistromarket will ensure that the Bistromarket partner programme does not give Bistromarket partners any control over the processing of your data. When you purchase a Bistromarket partner’s items or goods from Bistromarket, Bistromarket only transmits to the Bistromarket partner the data listed above which the Bistromarket partner requires in order to fulfil its service to you, i.e. normally in order to deliver the purchased goods to you. When Bistromarket transmits your data to a Bistromarket partner for the reasons above, Bistromarket will ensure in the contractual agreements with the partners that the Bistromarket partner only processes your data for the above purposes.
Please bear in mind that the Bistromarket partners have their own data protection provisions. You can usually find these on the relevant partner pages of the Bistromarket shop and/or on the websites of the relevant Bistromarket partner. Bistromarket is not responsible for its partners’ data protection provisions and data processing practices.
9.4 Technical service providers
We work with technical service providers in order to be able to provide our services. These service providers include, for example, Telekom Deutschland GmbH and Amazon Web Services, Inc. If they process your data outside the European Union, this may mean that your data is transmitted to a country with a lower data protection standard than the European Union. In such cases Bistromarket will ensure that the relevant service providers contractually or otherwise guarantee an equivalent data protection level.
9.5 Credit agencies
Cooperation with external credit agencies for fraud prevention, payment method selection and credit checks is country-specific, in order to take account of country-specific features and requirements.
9.6 Social media networks
As part of advertising campaigns we forward data to social network providers within the scope of data protection law. You can find further information under “How does Bistromarket use my data for advertising?”.
9.7 Authorities and other third parties
If we are obliged by an official or court decision or it is for prosecution purposes, we will if necessary forward your data to prosecution authorities or other third parties.
10. Which data protection rights do I have?
You have the following legal data protection rights under the relevant legal conditions: Right to information (Article 15 GDPR), right to deletion (Article 17 GDPR), right to correction (Article 16 GDPR), right to restriction of processing (Article 18 GDPR), right to data portability (Article 20 GDPR), right to lodge a complaint with a supervisory authority (Article 77 GDPR), right to withdraw consent (Article 7 (3) GDPR) as well as the right to object to particular data processing measures (Article 21 GDPR).
- In order to ensure that your data is not disclosed to third parties in the course of requests for information, please attach sufficient proof of identity to your request by email or post.
It is generally sufficient for this if you send your request to us using the email address saved to your account.
- You can change most of your information yourself in your customer account. For other cases please contact customer service.
- The responsibilities of the data protection authorities depend on the seat of the competent authorities. You may, however, contact the data protection authority, which will then forward your complaint to the responsible authority. The authority responsible for Bistromarket is the Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219 b, 10969 Berlin, Germany.
- If you have given consent for the processing of your data, you may withdraw it at any time. Withdrawal has no effect on the admissibility of the processing of your data which took place before the withdrawal.
- You may object to the processing of your data for advertising purposes, including direct marketing (including in the form of data analysis) at any time without giving reasons.
- If we are processing your data on the basis of balancing of interests according to Article 6 (1) f GDPR (e.g. the reporting of creditworthiness to an external credit agency), you may object to the processing. When asserting your objection, we ask you to give the reasons why you do not wish us to continue processing your data. In the event of a justified objection, we will check the state of affairs and either stop or adjust the processing, or inform you of the urgent reasons worthy of protection why we are entitled to continue the processing.
11. When will my data be deleted?
We will store your personal data as long as is necessary for the purposes named in this Data Protection Declaration, especially for the fulfilment of our contractual and legal obligations. We may also store your personal data for other purposes if or as long as the law allows us store it for particular purposes, including for defence against legal claims.
If you close your customer account, we will delete all the data we have stored regarding you. If it is not possible or necessary to completely delete your data for legal reasons, the relevant data will be blocked for further processing.
What does blocking mean?
If data is blocked, restriction of access rights and other technical and organisational measures are used to ensure that only a few employees can access the relevant data. These employees may also only use the blocked data for the above purposes (e.g. for submission to the tax office in the event of a tax audit).
Blocking will occur, for example, in the following cases:
- Your order and payment details and perhaps other details are generally subject to various legal retention obligations, such as those in the Handelsgesetzbuch (HGB - Commercial Code) and the Abgabenordnung (AO - Tax Code). The law obliges us to retain this data for tax audits and financial audits for up to ten years. Only then can we finally delete the relevant data.
- Even if your data is not subject to any legal retention obligation, we may refrain in the cases allowed by the law from immediate deletion and instead carry out initial blocking. This applies especially in cases where we may need the relevant data for further contractual processing or prosecution or legal defence (e.g. in the event of complaints). The decisive criterion for the duration of the blocking is then the legal limitation periods. After the relevant limitation periods expire, the relevant data will finally be deleted.
Deletion may be waived in the cases allowed by law if the data is anonymous or pseudonymous and deletion would rule out or seriously hinder processing for scientific research or statistical purposes.
12. How does Bistromarket protect my data?
We transmit your personal data securely using encryption. This applies to your order and your customer login. We do this using the coding system SSL (Secure Socket Layer). We also use technical and organisational measures to secure our website and other systems against loss, destruction, access, change or dissemination by unauthorised persons.
13. Changes to this Data Protection Declaration and points of contact
If you have any questions regarding data protection at Bistromarket Group, please contact our data protection officer. The easiest way to contact him is at firstname.lastname@example.org
Contact details for Bistromarket’s data protection officer:
Der Bistrozucker H&V GmbH
85551 Kirchheim b. München
Telefax: +49 (0)89 746 10 480