11.1 Data controller
E.M.P. Merchandising Handelsgesellschaft mbH
represented by managing directors Ernst Trapp and Dr. Jan Fischer
Darmer Esch 70a
phone: 05 91 - 9 14 310
Data protection officer:
Darmer Esch 70a
phone: 05 91 - 9 14 310
The data protection officer is a DEKRA certified "data protection specialist."
To be certified as a "data protection specialist", the data protection officer must demonstrate his or her subject matter knowledge in a written examination. DEKRA certification is limited to a certain time period and may be renewed by taking subsequent tests at regular intervals or by furnishing proof of enrollment in continuing education events. The certification is issued by DEKRA Certification GmbH, Handwerkstr. 15, 70565 Stuttgart, GERMANY.
The required subject matter knowledge is detailed at http://www.dekra-personenzertifizierung.de/fachkraft-datenschutz and includes, inter alia, the following:
- Provisions and implementation of the European General Data Protection Regulation (EU GDPR)
- Provisions and implementation of the revised Federal Data Protection Act (BDSG, neu)
- Data security and IT security: technical and organizational measures
- Risk management
- Data protection management – organization of data protection within the company
- Principles governing the processing of personal data
- Data protection officer (internal/external)
- Rights of data subjects
- Notification obligations
- and more (see link).
These requirements are satisfied by our data protection officer. According to the DEKRA seal, the certification is currently valid until January 2020.
11.2 Collected data and purpose of data use
We will collect personal data on the basis of your consent, to perform contracts with you and/or to perform legal obligations. Personal data include any information related to an identified or identifiable natural person.
11.2.1 Usage data
When you visit our website or use the EMP app, we will collect usage data (for example, your browser, times of access, product pages you visit, device data, version of the app, etc.) for statistical purposes, to optimize our products and services, and to guarantee system security.
11.2.2 Data collected when you place an order as a non-registered user
If you place an order without registering ("order as a guest"), we will store the personal data we need to process the transaction (name, address, e-mail address, payment information). In addition, you may provide us with your telephone number, so that we can reach you more quickly if we have any questions. If you have filled out the optional field "date of birth," we will also send you our birthday special. Guest customers also benefit from our international customer service.
We will process your personal data to process and fill your order and to optimize our products and customer services. To process and fill your order, to ship products, or to process and maintain customer data, we will transfer personal data to specialized service providers, such as shipping companies.
11.2.3 Data collected when you place an order as a registered user
Ordering from EMP is very convenient. We offer free registration – in which case your personal data will be stored in a password-protected customer account independently of any particular order. Your EMP customer account will simplify the ordering process and offers the following:
- Products will be placed in your shopping basket, allowing you to continue shopping
- There is no need for you to reenter your data every time you place an order
- You have access to your data from anywhere and can use the international customer service of EMP
- You can change your personal data under "Your Account" or delete your customer account in the Online Shop (see below)
- Registration is absolutely free and requires no purchase on your part.
To create a customer account, we will need your name and your e-mail address. In addition, you may provide your telephone number and your date of birth. You may view your customer account and the data stored in your account at any time. You can do so in your personal area under "Your Account" (after you have logged in). To delete your customer account in the Online Shop, please use the link "Delete Account." Please note that if you delete your account, data that have been collected for your customer account will be erased from the customer account in the Online Shop unless they are needed for filling open orders and/or to perform legal obligations, and that if you were to place a new order, you would have to reenter your data.
To prevent any misuse of your customer account, be sure to log out from your customer account after every session/registration. Some browsers allow you to save the username and password and to automatically fill in this information the next time you access the login page. Especially when you use a public computer or if you share a computer with another user, you should keep this in mind.
If you want to become a member of the Backstage Club, you will first have to create a customer account. Data collected by us will then also be processed for the services offered to members of the Backstage Club.
11.2.4 International Customer Service
We provide you with the simplest, most convenient and comprehensive customer service possible. The international customer service of all EMP companies is at your disposal for order mamagement. EMP companies include E.M.P. Merchandising HGmbH, EMP Mail Order UK Ltd, Emp Mailorder Italia S.r.l., Large Popmerchandising B.V. and Large Popmerchandising B.V.B.A..
Therefore, you can not only contact the EMP company where you placed your order, but also any other EMP company for service requests. They process your customer data to manage your service requests.
The EMP company with whom you placed the order transmits your data to the other EMP companies so that they have access to your order data in case of service.
If you use our contact form to contact us with a service request, we collect the data required for contacting us (name, e-mail address). Optionally, you can also enter your customer number and address so that we can process your service request more effectively and quickly.
11.2.5 Marketing purposes, e.g., magazine subscription
In addition, we will use your personal data for our own marketing purposes (e.g., mailing of our magazine). If you subscribe to our magazine, we will collect your name and address. We will also collect additional, optional personal data (date of birth, e-mail address, telephone number, how you found out about us), if you so choose.
11.3 EMP e-mail newsletter
We offer you to subscribe to our free EMP e-mail newsletter. If you subscribe, you will receive e-mails with information about our products and services, including new products and services, and information about special offers at regular intervals.
By providing your e-mail address, checking the consent box, and then clicking on the button "Register", you will consent that EMP Merchandising Handelsgesellschaft mbH, Darmer Esch 70a, 49811 Lingen, may use your e-mail address for e-mail marketing purposes as follows:
You may also choose to provide additional information when you subscribe to the newsletter. Such information includes your first name and last name, your date of birth, and your personal interests with respect to which you would like to receive information from us.
After you have subscribed to our newsletter, you will receive an e-mail from us. To complete your subscription to our newsletter, you will have to click on the activation link in that e-mail. Your e-mail address will then be permanently stored and will not be transferred to third parties.
To improve our newsletter, will also use the e-mail analysis service of Emarsys, a service offered by Emarsys Interactive Services GmbH. For this purpose we will track your personal reader preferences by analyzing whether e-mails are opened and which links are clicked. To track the opening of e-mails, the newsletter will retrieve a special graphic file from the server. Additional information about data protection at Emarsys is available here:
If you no longer wish to receive our newsletter, you may at any time unsubscribe from the newsletter. Each issue of our newsletter will include an unsubscribe link at the end, which makes unsubscribing easy, convenient, and free. You can also unsubscribe from the newsletter by sending an informal notice to the e-mail address firstname.lastname@example.org. If you unsubscribe from the newsletter, all data you have provided for subscribing to the EMP newsletter will be erased.
11.4 E-mail advertising within the meaning of § 7 para. 3 of the German Unfair Competition Act (UWG)
To the extent permitted by law under § 7 para. 3 of the German Unfair Competition Act (UWG), we may use the e-mail address that you have provided to purchase a product or service in exchange for payment, for sending you advertisements of other, similar products or services we offer. If you no longer wish to receive advertising of similar products and services, you may object to such use of your e-mail address at any time without incurring any transmission charges other than the standard rates. To opt out of product recommendations, you may click on the unsubscribe-link that is included in each mailing.
11.5 Transfer of data to third parties
Personal data will be transferred to third parties only if this is necessary for their intended purposes. We will transfer your personal data to the shipping company to ship your order and to the payment service provider you have selected to process payment. Your data will not be transferred to third parties for any other purposes (e.g., marketing purposes of third parties).
11.6 Erasure of data
Personal data stored by us will be erased if one or several of the following occurs:
- You have revoked your consent to data processing;
- Data are no longer needed to achieve the purpose of data storage; or
- Storage is or becomes unlawful for other legal reasons.
However, if your data are erased or blocked, you will no longer be able to use certain services. We will not erase data if and to the extent that we have legal recordkeeping obligations.
11.7 Your rights
Upon your request we will inform you which of your personal data are stored by us. Information may also be provided electronically. Upon your request we will also rectify, block, or erase your personal data that are stored by us. Your right to erase personal data may be precluded by legal recordkeeping obligations. You have the right to revoke your consent to the processing of your personal data at any time with future effect. Revocation will not affect the lawfulness of data processing that occurs before consent is revoked.
You have the right to demand that we make available to you or transfer to other controllers in machine-legible form your data which you have provided to us and which we process by automated method or to the use of which you have consented.
You may also object to the use, processing, or transfer of your personal data, including, without limitation, for direct advertising purposes (e.g., e-mail advertising or magazine), at any time by notifying our data protection officer (at the above address or by sending an e-mail to email@example.com). This will result in no transmission charges other than the standard rates. After receiving your objection, we will no longer use or process the data in question for direct advertising purposes and we will promptly stop sending you any further advertising, including our magazine.
You may also lodge a complaint with the competent data protection regulatory authority in Hannover.
11.8 Security and encryption
We will protect your personal data against risks associated with data processing. For this purpose we maintain appropriate, state-of-the-art technical and organizational measures.
Our security server software (secure sockets layer – SSL) will encrypt all of your personal data, such as your name, address, and credit card number. Such information cannot be viewed by unauthorized third parties during transmission via the Internet. Our security server software (secure socket layers – SSL) will encrypt data you enter so that they can be securely transferred via the Internet.
11.9 Payment by invoice – transfer of data to Klarna
You may at any time revoke your consent to Klarna's use of your personal data by notifying Klarna. However, even if you revoke consent, Klarna will continue to have the right to process, use, and transfer personal data if and to the extent necessary for processing payment using Klarna's services, required by law, or ordered by a court or regulatory authority.
11.10 Refer-a-friend advertising
If you participate in a contest, we will collect the personal data you have provided for purposes of the contest.
If you win a contest, E.M.P. Merchandising Handelsgesellschaft mbH will generally publish your name. To notify you of the outcome of a contest, we will send you an e-mail to the e-mail address you have provided.
Personal data of participants will be processed for purposes of holding the contest and for statistical purposes by E.M.P. Merchandising Handelsgesellschaft mbH.
Stored personal data will be erased when they are no longer needed for holding the contest or if storage is or becomes unlawful for other legal reasons.
11.12 Facebook Connect and Google+ Sign-In
If you do not consent to such data transfer, please use your EMP account instead of Facebook Connect or Google + Sign-In to register.
11.13 Social plugins
We use social plugins (hereinafter "plugins") of social networks.
For greater protection of your data when using our website plugins are not integrated into our website without restriction, but merely by using an HTML link (so-called "shariff plugin"). This type of integration ensures that just by using our website no connection to the service of the social network provider will be established yet. If you click on a button of a social network, a new window will open and access the page of the service provider, where you can then (where applicable, after entering your login data) click, for example, on the like button or share button.
For the purpose and scope of data collection and the further processing and use of data by social network providers on their respective websites, and for your related rights and setting options to protect your privacy, please refer to the data privacy policies of the following providers:
11.14 Userlike live chat
11.15 Cookies and tracking
Cookies are small text files that are stored by your browser on the hard drive of your computer. Our cookies contain no personal information of any kind and merely serve navigation and recognition purposes.
We use two types of cookies: "persistent cookies" that remain on your computer for a longer time period, and "session cookies" that are immediately deleted as soon as you close your browser. Permanent cookies help us recognize you the next time you visit our website. You can however manually delete such cookies in your browser if you like. Session cookies are important, for example, for you to be able to place products into your shopping cart during your visit and for keeping those products in your shopping card until you are ready to place your order. Cookies also help us analyze how customers use our Online Shop. This helps us continuously optimize and improve the Online Shop.
Most browsers accept cookies by default. You can allow or block session cookies and persistent cookies independently from one another by selecting the appropriate security settings in your browser. If you block cookies, certain features of our website may under certain circumstances no longer be available to you and some websites may not be displayed correctly.
11.15.1 Google Analytics
Information about your use of this website generated by cookies generally will be transferred to a server of Google in the United States and stored there. If IP anonymization is activated on this website, your IP address will however first be truncated by Google in member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Note that Google Analytics has been configured on this website so that IP addresses will be tracked anonymously (so-called IP masking). Only in exceptional cases will the full IP address be transferred to a Google server in the United States and masked there. On behalf of the operator of this website Google will use that information to analyze your use of the website, to compile reports about website activities, and to provide additional services to the website operator related to website use and Internet use. The IP address transmitted by your browser in connection with Google Analytics will not be merged with any other data of Google. You may block cookies by selecting the appropriate settings in your browser; please note, however, that if you block cookies you may no longer be able to fully use all functions of this website.
We also use Google Analytics advertising features to track impressions in the Google display network. For this purpose website data are enriched with non-personal data of our Google advertising products.
You can prevent the tracking of data about your use of the website (including your IP address) generated by cookies and the tracking of data from Google advertising products and processing of such data by Google by downloading and installing a browser plugin that is available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
11.15.2 Google Conversion Tracking
The success of our advertising campaigns using Google Adwords is measured by Google Conversion Tracking, a tool of Google Inc., 1600 Amphitheater Pkwy., Mountain View, CA 94043 (hereinafter "Google"). If you are transferred to our website through a Google ad, a cookie will be placed on your computer. Via such cookies we receive feedback on which products and services on our websites are used by our customers. Cookies are automatically deleted after 30 days. No personal data are transmitted to us in this connection. If you want to deactivate cookies for conversion tracking, you can select the appropriate settings in your browser so that cookies from the domain "googladdservices.com" will be blocked.
11.15.3 Google remarketing
We use Google remarketing for our Online Shop, a Google program for interest-based advertising. On the basis of cookies that have been stored for this purpose during prior visits to our Online Shop we can run online advertisements that are geared towards the interests of users. Such ads are either for products that you have already viewed or products that may interest you based on your purchasing and browsing behavior.
11.15.4 Criteo retargeting
We use retargeting technology of Criteo GmbH, Gewürzmühlstr. 11, 80538 Munich, (hereinafter "Criteo"),= for our website. This technology collects information about the browsing behavior of website visitors for marketing purposes in anonymous form and places cookies for this purpose. This allows Criteo to analyze browsing behavior and on that basis display specific product recommendations in the form of appropriate advertising banners when other websites are visited. Under no circumstances can anonymous data be used to identify visitors to the website. Data collected by Criteo will merely be used to improve advertised products and services. Each display banner will include, in the lower right-hand corner, a small "i" (which stands for "information"), which when you mouse over it will open and which when clicked will transfer you to a page on which the system is explained and an opt-out is offered. If you click on "opt-out" [please insert link for opt-out cookie], an opt-out cookie will be placed preventing such banners from being displayed in the future. Data will not be used for any other purposes or transferred to any third parties.
For statistical analysis purposes we anonymously track shopping carts and orders and transmit such data to Webtrekk.
On the website you can use certain forms to transmit data to us. Unless personal data are involved, data you enter into forms will be stored and statistically analyzed. If personal data are involved, only cancellation or successful transmission will be tracked for statistical purposes, unless you expressly permit us to analyze your data for statistical purposes.
You may at any time opt out of data collection and storage by Webtrekk by clicking on the following link https://www.webtrekk.com/en/index/opt-out-webtrekk/opt-out-registered/
. An opt-out cookie will then be placed and will be valid for five years, preventing any collection of your data.
Please note that this cookie will be activated only for the particular browser and the particular terminal device used and that you must opt out separately for any additional browsers or terminal devices. This also applies if all cookies on your terminal device are deleted.
We use the services of AdClear GmbH, Robert-Koch-Platz 4, 10115 Berlin (hereinafter "AdClear") on our website to collect statistical data for campaign tracking in an effort to optimize our products and services for our customers. For this purpose cookies are used. Data are tracked exclusively in pseudonymous form. No personal data will be sent to AdClear. AdClear's campaign tracking service is data protection certified by TÜV Saarland.
You may opt out of AdClear campaign tracking. If you do so, a cookie named "adclearoptout" will be placed by the domain www.emp.de. Your opt-out will be valid as long as you do not delete the cookie. To do so, please click here http://adc.emp.co.uk/acv/A3116773/?setOptoutCookie
11.15.7 Facebook Pixel
We use Facebook Custom Audience Pixel, a service of Facebook, on our website. A cookie is placed that allows us to understand how our marketing is received on Facebook and can be improved.
For example, your behavior can be tracked after you are transferred to the website of a seller by clicking on a Facebook ad. The purpose is to analyze the effectiveness of Facebook ads for statistical and market research purposes and thereby to optimize future advertising.
Data that are collected in this connection are anonymous for us and thus allow us to make no inferences as to your identity. However, data will be stored and processed by Facebook, so that they may be linked to your user profile and Facebook may use such data for its own advertising purposes in accordance with the Facebook data use policy (https://www.facebook.com/about/privacy/). This may allow Facebook and its business partners to run advertisements on or off Facebook.
11.15.8 Dynatrace Performance Monitoring
We use Dynatrace Performance Monitoring, a web service of Dynatrace LLC, on our website. The service monitors the performance of web applications. When the service is used, your data will be immediately rendered anonymous. You can find additional information about data privacy at Dynatrace Performance Monitoring here:
11.15.9 Salesforce Commerce Cloud Analytics
We use Salesforce Commerce Cloud Analytics, a service of Salesforce Germany GmbH, for our website. The service manages user transaction data from our website. Collected and indexed data can be analyzed. For example, indexed data can be categorized or aggregated, shown in various diagrams and graphics, or supplemented with additional data or information.
You can find additional information about data privacy at salesforce here:
We use the service Crashlytics from Google (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) to collect information about errors and crashes which occur in our iOS and Android apps. This helps us to improve the stability and quality of our app. Crashlytics processes data such as your Android device ID. The information transferred from our app is stored on the Crashlytics servers in the USA. You can find more information on data protection on the Crashlytics site http://try.crashlytics.com/terms/.