Privacy Policy

Effective date: January 15, 2020

Himmel is committed to protecting and respecting privacy of each customer.

This page informs you of the Privacy Policy of Himmel (“we”,” us”, or “our”) regarding the collection, use, disclosure and processes of any personal data when you using our https://www.himmelsports.com/ website (the “Services”) and the choices you have associated with the data.

We use your data to provide and improved the Service. It is essential for you to read this policy together with any other privacy notice of fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are full aware of how and why we are using your data.

By using the Service, you accepting and consenting to the collection and usage practices of information described in this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meaning as in our Terms and Conditions.

For more information on Terms and Conditions, please click here.

Definition

Service refers the https://www.himmelsports.com/ website operated by Himmel Sport Cycling Apparel Limited.

Personal Data/Person Information refers any information from a living individual can be identified.

Usage Data refers the data collected automatically either generated by the use of the Service or from the Service infrastructure itself (e.g. percentage of uses accessing a specific website feature). Usage data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal you identity.

Data Controller refers the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, Himmel is the Data Controller of your Personal Data.

Data Processor/Service Provider refers any natural or legal person who processes the data on behalf of the Data Controller. We may use different services from various Service Providers in order to process your data more effectively.

Data Subject/User refers any living individual who is using our Service and is the subject of Personal Data.

Cookies refer small pieces of data sent to your browser from a website and stored on your device (computer or mobile device), which may include an anonymous unique identifier.

Legitimate Interest refers the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.

We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or

permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract refers processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation refers processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Information we may collect from you

We may collect, use, store and transfer different kinds of information for various purposes to prove and improve our Service, grouped together as follows (not limited to):

Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
Contact Data includes email address, billing address, delivery address, and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Profile Data includes your username and password, purchases or orders made by you, your preferences, and feedback and survey responses.
̇Marketing and Communications Data includes your preferences in receiving marketing from us and our carefully selected third parties and your communication preferences.
Usage Data includes information about how you use our website, products and services.
Technical Data includes internet protocol (IP) address, your login data, browser

type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to provide you with products or services).

In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How personal data is collected

We use different methods to collect data from and about you including through:

Information you give us, such as your Identity, contact and financial data by filling in forms on our site or on our social media pages or profiles, or by corresponding with us by phone, email or otherwise. This includes personal data you provide when you:

Apply for our products or services
Create an account on our website
Subscribe to our service or publications
Request marketing or promotion material to be sent to you Enter a group ride or survey
Provide us some feedback; or
Apply for a job position

Information we collect about you. With regard to each of your visits to our website we may automatically collect the following information:

Technical information such as your browser or the device you use to access the site etc.,
Visit Information such as browsing actions and patterns, (e.g. which website you clicked through to reach ours and lengths of visits to pages.)

Information we receive from other sources. We may receive personal data about you from various third parties and public sources, including:

Technical Data from the analytics providers
Contact, Financial and Transaction Data from providers of technical, payment and delivery services;
Identity and Contact Data from selected business partners, data brokers or aggregators

We collect the personal data by using cookies and other similar tracking technologies, such as beacons, tags, and scripts to collect and track information, and may also receive Technical Data about you if you visit other websites employing our cookies.

Our Service adopts cookies to distinguish you from other users of our website, helping us to provide you with a good experience when you browse the site and also allow us to improve the Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is

being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. The cookies we are using includes but no limited to the Security Cookies, Preference Cookies, and Session Cookies.

Use of Person Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract that we are about to enter into or have entered into with you and to provide you with the information, products and services that you request from us.
To provide you with information about other goods or services we offer that are similar to those that you have already purchased or enquired about, unless you have opted not to receive such information.
To offer you the customer support and gather analysis or valuable information so that we can improve our Service
̇To provide you or carefully selected third parties to provide you, with information about goods or services we feel may interest you. We will only contact you via email with information about goods and services similar to those which were the subject of a previous sale or negotiations of sale to you.
̇To notify you about any changes to our Service and monitor the usage
̇Where we or a third party have a legitimate interest and your interests and fundamental rights do not override those interests.
̇To comply with a legal or regulatory obligation, including exchanging information with other companies and organizations for the purposes of fraud protection.
̇To administer, operate and improve our site and ensure it is presented in the most effective manner; as part of our efforts to keep our site safe and secure; to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
̇We may combine information we receive from other sources with information you give to us and information we collect about you and use it for the purposes set out above.

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by the unsubscribe link or instructions provided in any email we send.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Purposes of using your personal data

Following is the description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details.

We may process your Personal Data as

We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights or freedoms
For payment processing purposes
To comply with the law

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.

They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

Data retention

We will only retain your personal data for as long as necessary to fulfill the purposes set out in this Privacy Policy. We retained and collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 3 years after they cease being our customers.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for internal research or analysis purposes in which case we may use this information indefinitely without further notice to you.

Transfer of data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Himmel will take all controls reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Under certain circumstances, Himmel may be required to disclose your Personal Data if required to do so by law or in response to valid requests by regulatory authorities to,

To comply with a legal obligation or compliance requirements
To protect and defend the rights or property of Himmel
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability

In the event that we sell or buy (or plan to sell or buy) any business or assets or seek investment from a third party investor, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, or investor, as the case may be.

Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

Request access to your personal data/Data subject access request
It enables you to receive a copy of the personal data we hold about you, in a structured, machine-readable and commonly used format, and to check that we are lawfully processing it.

Request correction of the personal data
It enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. You have the right to have your information rectified if that information is inaccurate or incomplete.

Request erasure of your personal data
It enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.

Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data
You have the right to object where we are processing your personal data for direct marketing purposes under a particular situation which you feel related practices impact your fundamental rights and freedoms.

In some cases, such as where we are obliged by law, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data

It enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy,
Where our use of the data is unlawful, but you do not want us to erase it,
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims, or
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to verify your identity before responding to your request and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Third-party

Third-party links
Our Service may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

External Third-party
External Third-parties may include:

Service providers acting as processors based in China, Hong Kong SAR, USA, UK,

and any others location and who provide IT and system administration services

to assist with the operation of our business and/or fulfillment of your order.
Professional advisers acting as processors or joint controllers including lawyers,

bankers, auditors and insurers based in the same countries listed above who

provide consultancy, banking, legal, insurance and accounting services.
Revenue, Customs, regulators and other authorities acting as processors or joint

controllers based in the China who re quire reporting of processing activities in

certain circumstances.
Other carefully selected third parties who provide services to Himmel including

(but not limited to): website applications, order processing, warehouse systems, customer services, file storage, event management, payment processing, communication applications, shipping applications, email campaign management tools, analytic tools, mapping tools and social media.

Services Provider

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with is PayPal, their Privacy Policy can be viewed at

https://www.paypal.com/webapps/mpp/ua/privacy-full

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Marketing
Himmel used remarketing services to advertise on third party websites to you after you visited our Service. We and our third- party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Facebook remarketing service is provided by Facebook Inc. Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can learn more about interest-based advertising from

Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook's interest-based ads follow these instructions from

Facebook: https://www.facebook.com/help/568137493302217

Children’s Privacy

Our site is not intended for anyone under the age of 18 (“Children”) and we do not knowingly collect personal data relating to Children.

If we aware that we have collected Personal Data from children without verification of parental consent, we will take actions to remove that information.

If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us.

Changes to Privacy Policy

We may update the Privacy Policy from time to time. We will notify you, where appropriate, via email of any changes by posting the new Privacy Policy on this page, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are strongly advised to review this Privacy Policy periodically for any changes. Changes to the Privacy Policy are effective when they are posted on this page.

We would like to deal with your concerns, if you have any questions about this Privacy Policy, please contact us in the first instance:

By email: info@himmelsports.com
By visiting this page on our website: https://www.himmelsports.com/
By mail: Xiunan Rd. #99, Xinxiucun, Luohu District, Shenzhen, Guangdong Province, China