Privacy policy
As of: 05.06.2023
The platform Dirty Desire (hereinafter „Platform“) is operated by DD wholesale UG (haftungsbeschränkt) (hereinafter „Operator“), Furtweg 2b, 85716 Unterschleißheim, HRB (12345567).
For better readability of the text, the plural or masculine form is used.
§1 Scope
This privacy policy applies to the use of this website and services. Also independent is how these services are accessed, including access via mobile devices.
§2 Responsibilities
DD wholesale UG (haftungsbeschränkt), Furtweg 2b, 85716 Unterschleißheim, Germany, is the operator of the Services and the responsible party in terms of the General Data Protection Regulation (DSGVO).
§3 Contact the data protection officer
The data protection officer can be reached by e-mail at datenschutz@dirty-desire.com.
§4 What personal data is collected
We collect personal data when you create or add to an account, contact us by mail, or use a web form.
We collect the following personal data – depending on the service used:
- Name and title, date of birth, e-mail address, address, VAT number, financial information (e.g. credit card data, bank details).
- Financial information is also collected and shared through the payment service provider we use.
- We collect this data when you create an account, place an offer, order a product.
- In addition, we collect data that you provide as part of a product description and that may allow conclusions to be drawn about the person, depending on the scope of the description you provide.
- If you use the contact function, we also collect and store this data.
- We also store the user ratings collected as part of the transactions.
- Computer and connection information, such as statistics about your views of the Platform, your IP address, your access times, and your language preferences.
§5 Personal data we collect in connection with the use of cookies and similar technologies
We use cookies, web beacons and similar technologies to collect data as part of your use of our Services. We collect this data from the end devices (including mobile devices) you use to access our Services. The data collected includes the following usage and device-related information:
Model or device type, operating system and version, browser type and settings, device ID or individual device identifier, ID for advertisements, individual device token, and data regarding cookies (e.g. cookie ID). The IP address from which your terminal device accesses the Services.
§6 Purposes and legal bases of data processing and categories of recipients
We process your personal data for various purposes and on the basis of various legal bases that permit such processing. We process your personal data, among other things, to provide our services and to improve them. We also store and process your data to provide customer service. Furthermore, we store data in order to detect, prevent, contain and investigate fraudulent or unlawful activity.
§6.1 Other purposes for the storage of their data
The processing of data concerning you for the purposes of concluding and performing the contract with you.
The provision of our services and their use (including billing), in particular for the publication of advertisements and other content of the user, as well as the mediation of contact with other users.
Enabling and carrying out transactions/contacting other users (including the transmission of your personal data required for this purpose, such as the delivery address), providing and improving functions such as ratings and account management.
Responding to requests for information from third parties based on legal claims for information that third parties have against us (e.g. in the case of infringements of intellectual property or trademark infringements or other legal violations).
Ensuring the information security of our services.
Retention and storage of your personal data to fulfill specific legal retention obligations
Performing identity checks, evaluating applications, and matching information for verification purposes..
Spot-checking messages sent through our messaging tools to protect against fraudulent or suspicious activity or violations of our Terms of Use or our other policies.
Provision of functions for users that make the processing of transactions easier or more convenient, such as the automatic pre-filling of the delivery address previously provided by you for further transactions and the pre-filling of names.
Display notices of special promotions and information about our services after logging in.
§ 7 Storage period and deletion
Your personal data will be stored by us and our service providers in accordance with applicable data protection law to the extent and for the duration necessary for the processing purposes set out in this Privacy Policy. We then delete your personal data in accordance with the legal guidelines for data retention and deletion or take measures to properly anonymize the data. This is done, for example, to fulfill legal obligations or for tax, accounting and auditing purposes. In Europe, retention periods are generally between 6 and 10 years (e.g. for contracts, notices and business letters).
§8 Rights as a data subject
Subject to possible restrictions under national law, you as the data subject have the right of access, rectification, erasure, restriction of processing and transfer of your personal data. In addition, once you have given your consent, you may withdraw it and object to our processing on the basis of legitimate interests. Furthermore, you can file a complaint with a supervisory authority.
Our competent data protection supervisory authority is:
Bayrisches Landesamt für Datenschutzaufsicht
Postal address
PO Box 1349
91504 Ansbach
Your rights in detail:
You can revoke your consent to the processing of your personal data by us at any time. As a result, we may no longer process your personal data in the future on the basis of your consent. The lawfulness of the processing carried out on the basis of the consent until the revocation is not affected by the revocation.
You can request information about your personal data processed by us. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected directly from you, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details, whereby the right to information may be restricted by national law.
You may request the immediate correction of inaccurate or incomplete personal data stored by us and, taking into account the purposes of the processing, you also have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
You may request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims, in which case the right to erasure may be limited by national law.
You can request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse its deletion and we no longer need the data.
§9 Cookies and similar technologies
When you use our Services, we and selected third parties may use cookies and similar technologies to provide you with a better, faster and safer user experience. Cookies are small text files that your browser automatically creates and that are stored on your terminal device when you use the Services.
Our cookies and similar technologies have different functions:
- They may be technically necessary for the provision of our services.
- They help us to technically optimize our services (e.g. monitoring of error messages and loading times).
- They help us to improve your user experience (e.g. saving font size and entered form data).
We use cookies and similar technologies that remain stored on your device only as long as your browser is active (session cookies) and cookies and similar technologies that remain stored on your device for a longer period of time (persistent cookies). Where possible, we take reasonable security measures to prevent unauthorized access to our cookies and similar technologies. A unique ID ensures that only we and/or selected third parties have access to cookie data.
You are free to disable the use of cookies and similar technologies if your device supports it and subject to technically necessary cookies. You can manage your cookie settings in your browser or device settings.
§10 Payment service provider
In the context of contractual and other legal relationships, we offer data subjects efficient and secure payment options and use other payment service providers for this purpose in addition to banks and credit institutions (collectively, „payment service providers“).
The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, total and recipient-related information. The information is necessary to carry out the transactions. The data entered is processed by the payment service providers and stored by them. We do not receive any account or credit card related information, only information with confirmation or negative information of the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the terms and conditions and the data protection information of the payment service providers.
The terms and conditions and the data protection notices of the respective payment service providers, which can be accessed within the respective websites or transaction applications, shall apply to the payment transactions. We also refer to these for further information and assertion of revocation, information and other data subject rights.
- Types of data processed: Inventory data (e.g. names, addresses), payment data (e.g. credit card number, bank details, invoices, payment history), contract data, usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Affected persons: Seller, Buyer.
- Purposes of processing: Provision of contractual services and customer service.
- Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Services used and service providers:
- Stripe: Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower Grand Canal Dock, Dublin, D02 H210, Irland
https://www.stripe.com
§11 Other important information on data protection
When you post ads, the username you provide will be displayed and therefore visible to the public. If you use a username that allows conclusions to be drawn about your identity, third parties can link your activities to your person.
To ensure the protection of your personal data, we only allow other users limited access to your information, that is, only to the extent that the data in question is necessary to initiate transactions.
If you communicate with another user (e.g. a prospective customer) and receive personal data from them (such as name, email address or other contact details and shipping information), you are the controller of this personal data and its processing independently of the Operator after we have transmitted it to you.
You may use the personal data of other users to which you have access only for the purpose of processing the contact with the other user and otherwise only for purposes to which these users have expressly consented. Using the personal information of other users to which you have access for any other purpose is a violation of our Terms of Use.
Messages sent via our messaging system are checked by random sampling for violations of our terms of use, the unauthorized sending of illegal content or to protect against phishing. In the event of a violation, we reserve the right to deactivate your user account until the matter is resolved.
Some of the personal information you provide to us (e.g., information that allows us to identify you) is necessary to enter into the contract for the use of our Services. The provision of all other personal data is voluntary, but may be necessary for the use of our services, such as the offer or contact information required to place an advertisement.
Our services are not directed to minors. We do not knowingly collect personal data from minors. Minors are not permitted to use our Services in accordance with our Terms of Use.
When you log in with your Dirty Desire account, you remain logged in to your account for a period of time until you log out. If you use a public computer or share your computer with other people, we recommend that you choose not to stay logged in, but to log out. You and any other user of the computer/browser through which you are logged in can view, access, and perform certain actions in most areas of your account without further authorization during the time you are logged in.
You usually end the session for which you are logged in by logging out and/or deleting your cookies to protect your Dirty Desire account and personal information.
§12 Changes and updates to our privacy policy
We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.