INTRODUCTION AND SCOPE OF THIS PRIVACY STATEMENT
WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?
The OPSUNDBAY entity responsible for the processing of your personal data is OPSUNDBAY ApS. The relevant OPSUNDBAY affiliate(s) and OPSUNDBAY ApS. are referred to as “OPSUNDBAY” or “we”.
WHAT PERSONAL INFORMATION WE COLLECT FROM YOU AND WHEN
“Personal information” is any information that relates to you and identifies you personally, either alone or in combination with other information available to us. OPSUNDBAY will collect various types of personal information and special categories of personal information (such as health and other sensitive data) about you, including the following (as applicable):
If you sign up for a OPSUNDBAY account, we will ask for your name e-mail address and password. Additional information that will be collected if you choose to provide this: telephone number, gender, personal preferences, images, photos and videos, personal preferences including marketing and cookie preference, social identifier if you choose to log in to your account via social media and age or date of birth.
USE OF OUR PRODUCTS AND SERVICES
When you use our products and services we will ask for personal information, such as:
- your postal address, email-address, telephone number and payment details when ordering from our web shop;
- your date of birth and/or confirmation that you are above a certain age;
- your email-address and telephone number
- a record of our correspondence with you (including any feedback you have provided on any of our products or services), if you have been in contact with our Customer Service.
- (GPS) location data; and
- Social network information, including credentials and any information from your public posts about OPSUNDBAY or your communications with us
We might offer a number of apps which allow you to upload and/or store certain information. Depending on the app, we will ask for personal information, such as your:
- body measurements, such as weight and height;
- Photos, contacts and calendar information;
If you become a member of an OPSUNDBAY Community (“Member”), we will ask for basic personal information, such as:
- your name, e-mail address and date of birth.
Once you are a Member, you may choose to provide us with additional personal information, such as:
- your interests and preferences, through the relevant online Community “dashboard”.
- If you are a winner of any giveaways, we will ask for additional personal information, such as:
- your postal address, clothes or shoe size, in order to be able to send you the giveaways.
- If we would like to promote the OPSUNDBAY Communities and giveaways and you are a winner of a giveaway, we will ask for additional personal information, such as:
- your City/Town; and/or
- your photograph.
If you choose to create a OPSUNDBAY account through your social network account (such as Facebook), your sign-on credentials will be imported via your social network account.
Please note that when you use this “social sign-on” option, we will use the following personal information:
- your Facebook identifier
- your name, age, location, preferences, occupation, and other public profile information such as your pictures or your friends list on the social network, as well as your likes. This information will not be shared with OPSUNDBAY by Facebook if you have a private profile.
INFORMATION WE COLLECT AUTOMATICALLY
When interacting with our Brand, Sites and Apps, data is automatically collected and shared with OPSUNDBAY by the technology platforms providing the experience. For example, your web browser or mobile device may share certain data with OPSUNDBAY as those devices interact with OPSUNDBAYs Sites or Apps. More information about these practices is included in the Cookies section below. This data includes:
- Websites: we will collect information about the OPSUNDBAY websites that you visit and how you use them. A visit to one of our websites results in data being sent from your browser to our servers. We will collect personal information in this way, such as:
- your IP address;
- the date and time of the visit and how long you remained on our website;
- the referral URL (the site from which the visitor has come);
- the pages visited on our website; and
- information about the device and browser, network access, storage information, web beacons and tags
- Cookies and similar devices: We and our partners use various technologies to collect and store information when you visit our websites or use our apps, and this will include sending one or more cookies or other similar devices to your device.
- Location information: When you use a location-enabled service, we will provide you a just in time notice to collect and process information about your actual location, for instance through GPS signals sent by a mobile device. We will also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points, Near Field Communication (“NFC”) points and mobile network cell towers. You can generally disable sending your location through settings in your device, and we will inform you when we make use of location information.
SOURCES OF INFORMATION
Most of the information we collect about you will be personal information that you have voluntarily provided to us, for example, through our websites, e-shops, mobile apps, in-store etc. Other sources from whom we may obtain your personal information include:
- our Point of Sale systems ([i.e. certain information may be collected about you when you make a purchase in one of our stores]);
- other OPSUNDBAY group companies; and
- third parties (such as credit reference agencies, law enforcement/regulatory bodies etc.).
TOOLS TO MANAGE WHAT WE COLLECT
When using our Apps, we also inform you about our collection through standard permissions in app stores, mobile operating systems, and in the App experience. We also prompt you for your consent where necessary.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of information. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarise yourself with and use the tools available on your devices.
HOW WE USE PROCESS YOUR PERSONAL INFORMATION
The personal information we collect from the above sources will be used in the format that it is received, or it will be combined with personal information we obtain from other internal or external sources, where appropriate. We use and analyse your personal for the various other purposes detailed below:
- Improving our products and services: we will use your personal information to build a profile on you in order to understand how you use our products and services, to develop more interesting and relevant products and services, as well as to personalise the products and services we offer you.
- Processing your order: we use relevant personal information described above (including your name, address and payment details) to process and deliver your order, and to notify you of the status of your order. In addition, we may use your age, year of birth or confirmation that you are above a certain age to ascertain whether you meet the minimum age in your country for online purchases and whether you are considered to be a minor for data protection and/or marketing law purposes.
- Customer service: if you contact our Customer Service (or vice versa), we will use personal information such as your order information and contact history to process your request and provide you with the best service possible.
- OPSUNDBAY products and services, engagements and offerings: we will use your personal information to provide you with the products and services you have requested from us, such as promotions, membership of OPSUNDBAY Communities, events and our apps. This will, if applicable, include the use of your personal information for submission in contests, Giveaways and promotions, using your contact details for events and using information like your location for our mobile apps.
- OPSUNDBAY apps: if you choose to download an OPSUNDBAY app, we will only collect particular categories of personal information if we have obtained your express consent, as required by applicable law. Personal and sensitive personal information (such as health data) collected through the app will be received from your device and stored on OPSUNDBAY servers for the following purposes:
- to provide you with the services you expect when using the app;
- to analyse your performance activity for the purposes of granting you rewards based on your performance activity;
- for the reasons set out in the “improving our products and services” section below; and
- for the reasons set out in the “marketing purposes” section below.
- OPSUNDBAY Communities: as part of an OPSUNDBAY promotion, we will publish specific details of the winners of any giveaways on our website or one of our affiliate’s or service provider’s websites according to the terms and conditions of the particular promotion.
- Social sign-on (this means the use of your social network credentials such as your Facebook user login information to create and sign into your OPSUNDBAY account: when you use the social sign-on option OPSUNDBAY limit use of public profile information to that which is necessary for the creation of your OPSUNDBAY account. OPSUNDBAY will, upon receipt of any irrelevant information from the social network, discard such details. After having created your account, you will have the opportunity to supplement it with any information you would like to share with us, such as personal information you provide through a completed survey. Any supplemental information you provide to us will be used for the purposes explained in this statement, including to enrich your OPSUNDBAY profile and to personalise your OPSUNDBAY experience.
- Marketing: when you signup to receive OPSUNDBAY newsletters, create an OPSUNDBAY account and consent to our use of your personal information, become a Member of an OPSUNDBAY Community, use an OPSUNDBAY app, order or provide feedback on a product or service online or use our website, we will use your personal information to create a profile based on the information we hold about you. We create this profile to provide you with the best personalised experience, to send you personalised marketing messages and newsletters and for opinion research purposes. Below you can find a more detailed description of how we will use your personal information for these purposes.
- What kind of information: the way you interact with our brand and the information we collect in that regard provides us valuable information about your interests and preferences. This insight gives us the opportunity to offer you the best OPSUNDBAY experience possible. To learn about you and your interests, we analyse your interactions with our brand using various kinds of information, as set out above. If you have given us your consent to send you marketing communications, we use the information that you have provided to us when interacting with us for sending you personalised marketing messages about OPSUNDBAY products or services, events, giveaways and promotions. In some instances, we will also aggregate your personal information with that of other individuals, to create comprehensive reports about how customers use our products and services and experience our brand.
- What kind of channels: we will send direct marketing communications to you via the channel you choose, such as email, phone, or social media. We ask for your consent, where required by applicable law, in order to use the contact details, you have provided to us to send our personalised marketing communications.
- What kind of messages: the messages we will send you will be personalised and tailored to your individual preferences and interests. We use analytics in order to generate such personalised messages. These direct marketing messages may contain information about our products and services, events, giveaways or promotions and OPSUNDBAY news. We will, in certain circumstances, also use the channels for opinion research (such as to ask if you would like to participate in a survey) and to learn about your experience and improve your experience with OPSUNDBAY, including by sending you personalised messages.
- Re-targeting: our websites and apps use re-targeting technologies. This enables us to show our visitors, who were already interested in our shop and our products and/or services, advertisements from us on partner websites. We believe that the display of personalised, interest-based advertising is more interesting and relevant to our customers than advertising that does not have a personal connection. Re-targeting technologies analyse your cookies and display advertisements based on your past web-surfing behaviour. Note that our sites generally are not configured to respond to web browser do-not-track signals.
- Ads: we also work with non-OPSUNDBAY companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect personal information about your visits to our websites or apps and your interaction with our communications, including advertising.
- Improving our products and services: we will use the personal information we hold about to carry out analysis and research, including:
- data science/analytics, whereby we combine information (such as personal information and/or sensitive personal information we have obtained through the use of an OPSUNDBAY app or from your browsing history) we hold on a large scale in order to/for:
- learn more about our customers and their preferences;
- identify patterns and trends amongst our customers;
- enhance user experience on our websites;
- provide information, content and offerings tailored to our customers’ needs;
- for general research and statistical purposes; and
- for aggregated reporting purposes within the OPSUNDBAY group;
- develop new products and services;
- monitor performance of our products and services and/or improve our technology;
- be able to send you personalised marketing messages;
- display online ads to you.
- Websites: personal information collected through our websites, such as via cookies or other tracking technologies, will be used to allow us to assess browsing behaviours on our websites, to understand where improvements can be made, to optimise our products and services and personalise and improve your experience on our websites and apps.
- Global account: when you sign up for an OPSUNDBAY account we will verify whether your email address has previously been used within the OPSUNDBAY group. If this is the case, we will present you with the option of combining your OPSUNDBAY accounts and importing the information from your existing account by logging in.
- Performance analysis: we will use your personal information for sales, supply chain and financial analysis purposes, to determine how OPSUNDBAY is performing and where improvements can be made and where necessary to report back to our parent or affiliate group companies.
- We will ask for your consent if we wish to use your personal information for purposes other than those listed in this privacy statement and as required to do so under applicable law.
SHARING YOUR PERSONAL INFORMATION
We treat your personal information with care and confidentiality and do not share it with third parties other than as set out below:
WITH OTHER OPSUNDBAY GROUP ENTITIES
We will share your personal information as well as anonymised and aggregated information with other members of the OPSUNDBAY Group (such as OPSUNDBAY ApS., the parent company of the group, and/or other OPSUNDBAY entities as necessary). They will use this personal information for trend analysis. We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganisation, spin-off, dissolution or liquidation).
WITH SERVICE PROVIDERS
We will share your personal information as necessary and only for the purposes described above with various third parties who process your personal information on our behalf – such as third parties that run our competitions, hosting, shipping and delivery, emails distribution, research and analysis, product promotion, brand management, payment and fraud management providers and credit scoring agencies. We require that these third parties adhere to strict rules when processing your personal information, including to only use your personal information in accordance with OPSUNDBAYs instructions and the applicable laws.
WITH SOCIAL NETWORKS
Our website and apps will, in certain circumstances, provide you with social plug-ins from various social networks. If you choose to interact with a social network such as Facebook or Twitter (for example by registering an account), your activity on our website or via our apps will also be made available to that social network. If you are logged in on one of these social networks during your visit to one of our websites or apps or are interacting with one of the social plug-ins, the social network might add this information to your respective profile on this network based on your privacy settings. If you would like to prevent this type of data transfer, please log out of your social network account before you enter one of our websites or apps, or change the app’s privacy settings, where possible. Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal information, what rights you have and how you can maintain suitable privacy settings for your needs.
WITH LEGAL AND LAW ENFORCEMENT
OPSUNDBAY will disclose personal information where required by law or legal process, for the administration of justice, to protect your vital interest, for investigations by law enforcement or regulatory bodies, to protect and defend OPSUNDBAYs property and legal rights, to protect the personal safety of OPSUNDBAY website or (mobile) app users or by order of a valid injunction from a court or law enforcement agency.
WITH OTHER THIRD PARTIES
WITH YOUR CONSENT
We will share your personal information with other third parties (different from those described above, for example, shops or shopping centres or when you decide to connect our devices with third-party devices) in other limited circumstances. In these instances we will, where required by applicable law, obtain your consent to share your personal information in this way.
When you use certain social features on our Sites or Apps, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including information about your OPSUNDBAY activity. We encourage you to use the tools we provide for managing OPSUNDBAYs social sharing to control what information you make available through OPSUNDBAYs social features.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We are committed to protecting your personal information and implement appropriate technical and organisational security measures to protect it from any unauthorised or unlawful processing and against any accidental loss, destruction, or damage.
- Encryption & Security: We use a variety of security measures, including encryption and authentication tools to maintain the safety of your personal data. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems; and
- International data transfers: The personal data we collect or generate (process) in the context of our Sites and Apps will be stored in DENMARK.
Some of the data recipients with whom OPSUNDBAY shares your personal data may be located in countries other than the country in which your personal data originally was collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data. Nevertheless, when we transfer your personal data to recipients in other countries, including DENMARK, we will protect that information as described in this Policy and in compliance with applicable law.
If you are located in the European Economic Area (“EEA”) or Switzerland, we take measures to comply with applicable legal requirements and ensure adequate protection for the transfer of personal data to recipients in countries outside of the EEA or Switzerland.
RETAINING YOUR PERSONAL INFORMATION
We will keep your personal information for two years from your last interaction with us, such as the date your account was deleted, your last purchase, the last time you used one of our apps or in some other way contacted or interacted, unless a longer or shorter retention period is required by law, is necessary in the course of legal proceedings or is otherwise needed for a particular purpose under applicable law.
The following are examples to illustrate how OPSUNDBAY keeps your personal information for as long as necessary for a particular purpose:
- we may keep your personal information collected during a purchase for as long as required by tax laws (longer than 2 years in some European countries);
- we may keep your personal information for a shorter period if you ask us to delete your personal information. In such a case, OPSUNDBAY will aim to delete your personal information within a maximum period of one month from the date of the request;
- information collected in connection with promotions will be kept for no longer than one month following the end of the promotion.
INTERNATIONAL TRANSFERS OF YOUR PERSONAL INFORMATION
Unless stated otherwise, we store and process your personal information in the European Union. There will, however, be occasions when we need to transfer your personal information outside of the European Economic Area (“EEA”) to a country which does not provide the same level of data protection as the country in which you normally use our products and/or services. In these circumstances, we will take appropriate steps to ensure that your personal information is adequately protected. Typically, such steps include carrying out data security reviews of any recipients and putting in place contracts with such recipients to ensure they employ the same or similar appropriate technical and organisational measures as OPSUNDBAY, so your data is adequately protected.
INFORMATION ABOUT CHILDREN
As a general rule, we do not target and intentionally collect personal information about children under the age of 16. If we become aware that we have inadvertently collected personal information about children under the age of 16, we will take steps to delete the information as soon as possible, except where we are required by applicable law to keep it.
Where we know a child is above the age of 16 but considered a minor under applicable law, we will obtain parental/guardian consent prior to using that child’s personal information. If you become aware that a child has provided us with Personal Data without parental consent, please contact us at the mailing address provided here.
LINKS TO OTHER WEBSITES AND SERVICES
Our websites may contain links to third-party websites, and some of our services provide you with access to third-party services (such as social networks).
We have no control over how third-party websites and services process your personal information. We do not review third-party websites and services, and we are not responsible for such third-party websites and services or their privacy practices. Please read the privacy statements of any third-party websites or services that you access from our websites or services.
USING OPSUNDBAY SITES AND APPS WITH THIRD-PARTY PRODUCTS AND SERVICES
Our Sites and Apps allow you to interact with a wide variety of other digital products and services
If you choose to connect your OPSUNDBAY account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your OPSUNDBAY activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Sites and Apps may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
Fair play and transparency are important to us. We are open about the personal information we collect and have implemented mechanisms to enable you to exercise any rights you might have with respect to your personal information.
ACCESS AND CORRECTION OF PERSONAL INFORMATION
If you have ordered products or services or registered an account with us, you can access a significant amount of your personal information through one of our websites. Our websites generally present you with the option to add, update or remove information we have about you.
If any personal information we have about you is not accessible through our website, you can send us a request for access to this information at no cost using the contact details set out at the end of this privacy statement. You may at any time ask OPSUNDBAY to receive the Personal Information, that you have provided to us, in a secure, portable manner or request that we transmit your Personal Information directly to a data controller that you identify to us.
After receiving your request and sufficient information to verify your identity we will provide you with a copy of the personal information we have about you which you are entitled to have under applicable law. We will also confirm the purposes for which such personal information is being used, its recipients and the origin of the information.
You may write to us at any time requesting amendments to certain personal information that you consider to be incorrect or irrelevant or to request that we block, erase or otherwise remove your personal information. We will update, block, erase or remove your personal information upon request in line with applicable law.
OPTING OUT AND UNSUBSCRIBING FROM MARKETING MESSAGES
All our marketing communications contain an easy way to opt out from receiving future messages, such as a link through which you can unsubscribe. You may also opt out for particular channels (for example email or SMS) as indicated in the message received in such channel or through your OPSUNDBAY account settings.
If you would like to opt out of receiving OPSUNDBAY marketing messages you may use the unsubscribe link contained in the messages you have received, or you could contact our: Customer service.
Note that if you choose to opt out of receiving marketing messages in the manner explained above, we will continue to process your personal information, in particular, to allow us to understand your interests and preferences, but we will stop using your personal information to send you personalised or non-personalised marketing messages. If you would like us to stop such processing in part or in full, we have explained how to do this in the above paragraph.
Please note that some of our mobile apps might also send you messages, including (if you have given your permission to do so) push messages, for instance about new products or services. In this case, the particular mobile app will provide just in time notices before we send you push notifications. You can disable these messages through the settings in your phone or the app, or choose to uninstall the app to stop receiving the messages.
DELETION OF INFORMATION
You may at any time ask OPSUNDBAY to delete your personal information. We will consider and where necessary comply with your request in accordance with applicable law, as explained above.
OBJECT TO PROCESSING
You have the right to object to our processing of Personal Information in any situation where our processing is unlawful, or which may subject your personal freedoms, interests, or rights to prejudicial and irreparable harm; provided, however, that if Legal Requirements or other compelling legitimate business grounds apply in such circumstances, then these may override the impact of prejudicial and irreparable harm to your personal freedoms, interests, or rights and we may still process your Personal Information as needed.
CHANGES TO THIS POLICY
OPSUNDBAY has pledged to adhere to the fundamental principles of privacy and data protection. We therefore regularly review our online privacy statement in order to ensure that it is free of errors and clearly visible on websites, that it contains appropriate information about your rights and our processing activities, and that it is implemented and is compliant with applicable law. We may update this privacy statement from time to time to keep it up to date, to keep pace with new developments and opportunities relating to the Internet and to stay in line with applicable law. If we make significant changes to this privacy statement, we will inform you by posting a notification on our websites and/or mobile apps along with an updated version of the privacy statement
We welcome questions, comments, and concerns about our Policy and privacy practices. If you wish to provide any feedback or if you have questions or concerns, please contact Costumer Services.
If you prefer to contact us by regular mail, please send your request to the following address:
Nørre Søgade 9A, 1th
1370 Copenhagen K
Last Updated: May 20, 2018
OPSUNDBAY receives and records information, which may include personal data, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behaviour, purchases and indicated preferences; and (ix) access times and referring URLs.
Third parties may also collect information via Sites through cookies, third-party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies. More information on the identity of these third parties and their privacy policies is provided below.
- Functional: These cookies are required for basic site functionality and are therefore always enabled. These include cookies that allow you to be remembered as you explore our Sites within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
- Performance: These cookies allow us to improve our Sites’ functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request, allow us to remember site preferences you have selected. De-selecting these cookies may result in poorly-tailored recommendations and slow site performance.
- Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from our Sites through social media. Advertising cookies (of third parties) collect information to help better tailor advertising to your interests, both within and beyond our Sites. In some cases, these cookies involve the processing of your personal data. De-selecting these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
For a comprehensive and up-to-date summary of every third-party accessing your web browser (through OPSUNDBAY sites or otherwise), we recommend installing a web browser plugin built for this purpose. You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make our Sites and Apps more efficient and some of our services will not function properly.
Last Updated: May 20, 2018