Data Protection Information

This Data Protection Information provides information on the processing of your personal data whenever you visit websites of FNC International B.V. (hereinafter "Fragrance.com", "we" or "us"), interact with us through websites and when purchasing products from said websites.

1. Scope, data controller, data protection officer and definitions

1.1. Scope of this Data Protection Information

This Data Protection Information applies to websites visitors as well as to customers (hereinafter "you" or "data subject"). In this Data Protection Information, we will explain what personal data is processed when using websites of Fragrance.com, including the online shop and any measures connected for the execution and rescission of an online purchase, the creation of a customer account, the newsletter dispatch, further informative emails and customer services as well as for our marketing activities.

1.2. The Controller for the processing of your personal data

Unless otherwise specified in this Data Protection Information, the Controller for the processing of your personal data is:

FNC International B.V.
Rijksstraatweg 7
3316EE DORDRECHT
Netherlands
contact.nl@fragrance.com

If you have any specific privacy related questions, you can use the aforementioned address details and direct your letter to the Legal Department or you can send us an e-mail at: privacy@fragance.com.

1.3. Definitions

This Data Protection Information is based on the following terms under data protection law, which we have defined to facilitate understanding.

  • GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  • Personal data means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Processing means any operation or set of operations which is on personal data or on sets of personal data, whether or not by automated means such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
  • Controller means the natural person or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

    For the data processing activities described in this Data Protection Information, the Controller is Fragrance.com, unless otherwise specified (Section 1.2.).

  • Recipient means a natural person or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by the public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

    Examples of possible recipients: payment providers, logistic firms and IT services providers; for more information please refer to Section 5.

  • Customer means a natural person who purchased goods from our websites.

2. Categories of personal data

Unless otherwise specified, for purposes named in Section 3 we process the following personal data:

2.1. Identification data

Identification data is personal information on your person (so-called master data) and includes, for example:

  • Your first and surname
  • Date of birth
  • Customer number

2.2. Contact details

We process also your contact details, depending on how you interact with us. This may include the following personal data:

  • Address
  • Phone number
  • Business address
  • Email-address

2.3. Order details

We process your order details if you purchase something from our website. Depending on the type of purchase and processing status, this may include the following information:

  • Ordered products/services
  • Order address
  • Invoice number
  • Order date

2.4. Financial data

We offer you the common payment methods in online retail. Using the payment methods this may include the following personal data:

  • IBAN/BIC
  • Name of Credit Card Holder
  • Credit Card Number
  • Expiry date
  • CVV Code

We do not collect information related to the payment instrument that you use, e.g. credit card information ourselves. This information is processed solely by our payment service providers and by the providers of the payment instruments subject to strict information security assurances.

2.5. User account data

We offer you the opportunity to create an account with Fragrance.com. When registering for a customer account and/or using the account for future purchases, user account data may include the following:

  • Account identifier
  • Account password
  • Creation/activation date
  • Login details

2.6. Browsing information

We process your browsing data when you are using our websites in order to provide the features and content offered and to display them on your device. This may include for example:

  • Browsing time
  • Cookie/Pixel information
  • Universal Unique Identifier
  • IP address
  • URL

3. Processing of your data when you visit our website

3.1. Categories of personal data

If you visit our websites in order to find out about our products and services without registering for a customer account, purchasing products in our online shop or otherwise actively transferring information to us (solely for informational purposes), we process your personal data for the following purposes and based on following legal bases:

3.1.1. Provision of websites and IT security

We process your browsing information that is technically necessary to allow us to provide our websites to you and to guarantee stability and security when you visit our website. This data processing is necessary for the purpose of enabling you to use our website.

Legal basis: Art. 6 (1) sentence 1, lit. b GDPR) as well as for the purposes of our legitimate interest to guarantee IT security (Legal basis: Art. 6 (1) sentence 1, lit. f GDPR).

3.1.2. Provision of localized websites

We also process your browsing information that is technically necessary to allow us to provide you with a localized version of the website, in particular with regard to the language.

This data processing is necessary for the purpose of our legitimate interest to adapt our websites to your needs (Legal basis: Art. 6 (1) sentence 1, lit. f GDPR).

3.1.3. Websites Analytics

When you visit our website, we use cookies and other digital technologies to collect information from your device for websites analytics. We process your browsing information as well as in some cases your contact details and user account in order to understand and know how our products work and sell, the effectiveness of our marketing campaigns, the effect of our websites design and overall user experience. We do that to improve our product strategy and user experience design, so that we can provide you with the best possible assortment and shopping experience.

For more information, please read our Cookie Notice and for further details on the processing of data by our analytics provider(s) listed below, please refer to the corresponding privacy policy/policies:

Legal Basis: This data processing is based on your consent, Art. 6 (1) sentence 1, lit. a GDPR

Withdrawal of consent:

Please note that you can withdraw your consent at any time by changing the cookie settings via: Cookie Settings

3.1.4. Individual recommendations on our website

When you visit our website, we use cookies and other digital technologies to collect information from your device to enable us to provide you with individual recommendations. We process your browsing information, data on your user behavior like watched products, content of shopping basket and if applicable information on previous purchases etc. in order to show you individual recommendations on our websites based on this data. For more information, please read our Cookie Notice and for further details on the processing of data please refer to Google’s privacy policy under the following link:

Legal Basis: This data processing is based on your consent, Art. 6 (1) sentence 1, lit. a GDPR

Withdrawal of consent:

Please note that you can withdraw your consent at any time by changing the cookie settings via: Cookie Settings

3.1.5. Display advertising/retargeting on third-party websites

When you visit our website, cookies and similar tracking technology (e.g. "pixels") are set by our retargeting provider(s) to track which products you have viewed or purchased on our website. With the help of this information we can then show you individual offers of Fragrance.com products on third-party websites via our retargeting provider(s) and analyze the results to further improve our advertising. For more information, please read our Cookie Notice and for further details on the processing of data by our retargeting provider(s) listed below, please refer to the corresponding privacy policy/policies:

Legal Basis: This data processing is based on your consent, Art. 6 (1) sentence 1, lit. a GDPR

Withdrawal of consent:

Please note that you can withdraw your consent at any time by changing the cookie settings via: Cookie Settings

3.1.6. Use of tracking technology

This websites uses tracking technology such as cookies, tags and pixels. Through tracking technology, your actions and settings on our websites can be tracked, stored and recognized for the duration of the browser session or even after this. For example, after leaving the website, you can come back to the websites and continue your ordering process.

For more information about the use of tracking technology on our websites (including the categories, purposes and information on settings) please refer to our Cookie Notice.

Legal Basis: This data processing is based on your consent, Art. 6 (1) sentence 1, lit. a GDPR

Withdrawal of consent:

Please note that you can withdraw your consent at any time by changing the cookie settings via: Cookie Settings

3.1.7. Customer service and other requests

We process your identification data, contact and order details, user account data as well as browsing information to answer your queries. In such case we will only ask you to provide the information necessary to handle your request (e.g. to manage our contractual relationship with you).

Depending on the subject matter of your request, we will rely on your personal data that has been stored within the scope of other data processing activities in our systems (e.g. data that you have provided during a purchase).

In context of requests concerning a (pre)contractual relationship with you, this data processing is necessary for the performance of a contract (provision of a customer service) with you.
Legal basis: Art. 6 (1) sentence 1, lit. b GDPR.

If you wish to exercise your rights with respect to us, this data processing is necessary for compliance with a legal obligation.
Legal basis: Art. 6 (1) sentence 1, lit. c GDPR.

If you would like to receive information or complain about our products and services, the respective data processing is necessary for the purpose of our legitimate interest to respond to your information request/complaint.
Legal basis: Art. 6 (1) sentence 1, lit. f GDPR.

3.2. Email marketing

3.2.1. Email newsletter subscription

If you have subscribed to our email newsletter procedure we will send you newsletters from time to time to inform you about our products, services and promotions.

We analyse whether you open our newsletter as well as your activity within the newsletter (open and click ratio). If you open the newsletter, we collect a timestamp, your IP-address, your location and the used operating system.

Legal Basis: The processing of your email address is based on your consent, Art. 6 (1) sentence 1, lit. a GDPR.

Legal Basis: The processing of the other information is necessary for the purpose of our legitimate interest to adapt our email newsletters to your needs (Legal basis: Art. 6 (1) sentence 1, lit. f GDPR).

Withdrawal of consent:

Please note that you can withdraw your consent and unsubscribe from our newsletter at any time via the ‘unsubscribe’ or ‘opt out’ button below each email, or by requesting us to do so via contact.nl@fragrance.com.

3.2.2. Direct marketing emails to existing customers

After the purchase of products, we may – regardless of whether you have subscribed to our newsletter (see Section 3.2.1) – send you marketing emails for similar products and services.

This data processing is based on our legitimate interest to advertise our products and services.

Legal basis: Art. 6 (1) sentence 1, lit. f GDPR

Objection to direct marketing emails:

You can object to this processing of personal data and unsubscribe from our direct marketing emails at any time by sending an email with your unsubscribe request to contact.nl@fragrance.com and/or by clicking on the unsubscribe link which is contained in every direct marketing email.

3.2.3. Personalization of direct marketing emails to existing customers

If you are a customer, we may personalize our direct marketing mails send to you based on your preferences/interests derived from your previous purchase(s). This data processing is necessary for the purpose of our legitimate interest to tailor our direct marketing emails to your preferences and interests and thus make our email marketing efforts more efficient and relevant to you.

Legal basis: Art. 6 (1) sentence 1, lit. f GDPR

Objection to our newsletter/direct marketing targeting:

You can object to this processing of your purchase data for targeting of our newsletter/direct marketing emails to custom audiences at any time.

By sending an email with your unsubscribe request to contact.nl@fragrance.com and/or by clicking on the unsubscribe link which is contained in every direct marketing email. In this case, you would then not receive any more newsletters from us. 

3.3. Registration and setting up a customer account

When you visit our website, you can create a customer account. The registration for a customer account requires you to provide your identification data, contact details as well as user account data.

This data processing is necessary for the performance of a contract (provision of a customer account) with you.

Legal basis: Art. 6 (1) sentence 1, lit. b GDPR

3.4. Data processing in the case of orders and store purchases

In addition, we process your personal data in connection with the purchase of products in our online shop.

3.4.1. Purchase of products via website, payment and invoicing

When you purchase an item or product via our website, we process your identification data, contact and order details, user account data as well as browsing information in the necessary scope to fulfil contracts and to provide and execute further services requested by you (i.e. contact details, shipping and payment information).

If you purchase products for another person (third party), we process the personal data of the third party provided by you (name and any contact details) for the dispatch of the products to the third party. Please ensure that the third party has been sufficiently informed by you about the processing of their data at Fragrance.com, and that you are authorized to provide such data. This data processing is necessary for the performance of a contract with you.

We do not process your financial data or the payment instrument that you use, e.g. credit card information. This information is processed solely by our payment service providers and by the providers of the payment instruments subject to strict information security assurances. In order to assign a payment to a customer/order we exchange your order details, currency type, billing address and payment tokens with the respective payment service providers and providers of the payment instruments.

Legal basis: Art. 6 (1) sentence 1, lit. b GDPR

3.4.2. Fraud prevention and checks

We also use technical and manual procedures for fraud prevention in order to protect us from misuse of our websites and from fraudulent orders.

To this end Fragrance.com summarizes and evaluates your order details (including email address, address, phone number, payment tokens , IP address). The record is also compared with your previous usage and order habits. We also compare it to general records from other confirmed or suspected fraudulent actions. This comparison allows us to identify fraud patterns and to prevent fraud and identity theft by comparing patterns.

Before concluding the contract, we carry out a fraud check on pre-defined rules. This is done to protect ourselves against the default of payment.

If the order should be categorized as being suspected of fraud we will contact you by sending you an email to express your point of view. We will then additionally carry out an individual check on your order. The result of this fraud check can either be positive, which would lead to the order being approved. If, however, the suspicion of fraud remains, we may decide to cancel the order, depending on the particular case. Also, where we do not receive any answer to our contact request, we will cancel the order. This data processing necessary for the purpose of our legitimate interest to avoid default of payment and fraud.

Legal basis: Art. 6 (1) sentence 1, lit. f GDPR

3.4.3. Cancellation of purchase: Refund/Reimbursement

In any case of cancellation of the purchase (e.g. withdrawal of contract) we will process your identification data, contact and order details and user account data for returning the products and refunding the purchase price.

This data processing is necessary for the performance of a contract with you.

Legal basis: Art. 6 (1) sentence 1, lit. b GDPR) and/or for compliance with a legal obligation (Legal basis: Art. 6 (1) sentence 1, lit. b GDPR lit. c GDPR

3.4.4. Invitation emails for product rating

We would like to know if you are satisfied with your purchased products. For this purpose, we process your email and purchasing data (e.g. products purchased and date of purchase), in order to send you an email, inviting you to rate and review your purchased product.

This data processing is necessary for the purpose of our legitimate interest in good customer service and marketing

Legal basis: Art. 6 (1) sentence 1, lit. f GDPR

Objection to Invitation emails for product rating:

You can object to this processing of personal data and unsubscribe from our invitation emails at any time by sending an email with your unsubscribe request to contact.nl@fragrance.com.

If you have already received an email inviting you to evaluate the product, you can decline the future receipt of such emails by clicking on the opt-out button/link contained in each invitation email.

3.4.5. Shopping cart abandonment emails 

When you have added items to your basket but have not completed the purchase before leaving the website and you are subscribed to our newsletter or have purchased with us before we will send you a reminder email to the email address stored in the customer account, regarding the purchasing process initiated by you.

This data processing is necessary for the purpose of our legitimate interest to remind you of any purchasing processes that you have not yet completed.

Legal Basis: This data processing is based on your consent, Art. 6 (1) sentence 1, lit. a GDPR

Withdrawal of consent:

Please note that you can withdraw your consent and unsubscribe from our newsletter incl. shopping cart abandonment emails at any time via the ‘unsubscribe’ or ‘opt out’ button below each email, or by requesting us to do so via contact.nl@fragrance.com.

Objection to shopping cart abandonment emails:

You can object to this processing of personal data and unsubscribe from our shopping cart abandonment emails at any time by sending an email with your unsubscribe request to contact.nl@fragrance.com.

If you have already received an email, you can decline the future receipt of such emails by clicking on the opt-out button/link contained in each email.

3.5 Other Processing purposes

3.5.1. Enforcement and/or defense of legal claims

In the case of a legal dispute with you, we will process your personal data to enforce and/or defend our rights. If and to the extent necessary for the legal dispute, we will thereby rely also on data from other sources (e.g. public registers).

This data processing is necessary for the purpose of our legitimate interest in establishment and exercise of legal claims.

Legal basis: Art. 6 (1) sentence 1, lit. f GDPR

3.5.2. Business Transaction

We may process your personal data in connection with a business transaction ((i.a.to perform a risk assessment (due diligence)). The processing of the data is carried out on the basis of our legitimate interest in having the company to be sold checked for sale with the aid of a risk assessment.

Legal basis: Art. 6 (1) sentence 1, lit. f GDPR

4. Retention and erasure of your personal data 

We keep your personal data as long and to the extent required for the purposes named in this Data Protection Information (Section 3).

In addition to this, we store your personal data for as long and to the extent we are obliged to do so by law. Corresponding obligations of proof and retention can be found, inter alia, Tax and the Money Laundering Acts.

5. Transfer of personal data and the categories of recipients

Your personal data may be transferred / disclosed to the following categories of recipients who may be located outside of the European Economic Area (EEA). If we transfer your personal data outside of the EEA, we have ensured that appropriate safeguards are in place, such as adherence of the recipient to the EU/US Privacy Shield Framework Principles, which is described in more detail below.

  • Other companies within the Fragrance.com Group within the scope of a group-internal, collaborative process. Such data processing, where applicable, is necessary for the purpose of our legitimate interest to run our administration activities efficiently and collaboratively, and to improve our products and services (Legal basis: Art. 6 (1) sentence 1, lit. f GDPR). If your personal data will be transferred to the USA, the EU Commission has not decided that there is a suitable level of data protection within the meaning of the GDPR; such an adequacy decision (Art. 45 GDPR) has not been taken. To the extent required by law, EU standard contractual clauses (model clauses) are in place for the legal cross-border transfer of personal data from the EU to the US.

  • For certain IT services we work with Amazon Web Services, Inc. If your personal data will be transferred to the USA, Amazon Web Services, Inc is subject to the EU-U.S. Privacy Shield.

    https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4&status=Active

  • In connection with the use of Google Analytics and Google Adwords, including tags and cookies, your personal data may be transferred to the USA. Google LLC is subject to the EU-U.S. Privacy Shield.

    https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

  • In connection with websites analytics we may also work with Lucky Orange LLC. If your personal data will be transferred to the USA, Lucky Orange LLC is subject to the EU-U.S. Privacy Shield.

    https://www.privacyshield.gov/participant?id=a2zt0000000TSvDAAW&status=Active

  • In connection with retargeting we may also work with Facebook Inc., as well as Criteo SA and other involved advertising partners. If your personal data will be transferred to the USA relating to Facebook Inc. , Facebook Inc. is, subject to the EU-U.S. Privacy Shield.

    https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

  • For the interaction with you, we use services by Oracle America, Inc. If your personal data will be transferred to the USA, for Oracle America, Inc. appropriate safeguards according to Art. 46 (2) lit. b and Art. 47 GDPR are in place. Also Oracle America, Inc is subject to the EU-U.S. Privacy Shield.

    https://www.oracle.com/a/ocom/docs/corporate/bcr-privacy-code-051719.pdf
    https://www.privacyshield.gov/participant?id=a2zt00000000181AAA&status=Active

  • If you purchase products on our website, we offer you various payment methods. In order to process a payment and, if necessary, a refund of the purchase price, we may exchange your personal data with, depending on the chosen payment method, with providers of the payment instruments or payment service providers. The respective data transfers to such recipients are based on the performance of a contract with you (Legal basis: Art. 6 (1) sentence 1, lit. b GDPR). In certain circumstances, data may be transferred to the USA. In the case of the USA, this transfer of personal data is necessary for the performance of a contract (provision of payment method) with you (Legal basis: Art. 6 (1) sentence 1, lit. b in conjunction with Art. 49 (1) sentence 1, lit. b and c GDPR).
  • In the case of legal disputes, we transfer your data to the competent court and, if you have engaged a lawyer, to the latter, in order to conduct the legal dispute. This transfer of personal data is necessary for compliance with a legal obligation (Legal basis: Art. 6 (1) sentence 1, lit. c GDPR) and/or for the purpose of our legitimate interest in the establishment and exercise of legal claims (Legal basis: Art. 6 (1) sentence 1, lit. f GDPR).
  • In addition to this, we only transfer your personal data if we are legally obliged to forward such data (e.g. to the police authorities within the scope of criminal investigations or to the data protection supervisory authorities). This transfer of personal data is necessary for compliance with a legal obligation (Legal basis: Art. 6 (1) sentence 1, lit. c GDPR).

6. Right to object to data processing based on legitimate interests

We process your personal data within the meaning of Section 3, based on our legitimate interest, in particular to guarantee IT security and technical functionality  on our website, to process and answer your requests, to perform marketing activities, to inform you about our products and services, to personalize our direct marketing mails, to prevent fraud and abuse, to avoid payment defaults, to care for our customers, to safeguard, enforce and defend our legal interests (also before the courts, as necessary), and to carry out our internal management efficiently and collaboratively.

For information about the balancing of interests carried out by Fragrance.com, please contact us at privacy@fragrance.com.

Notwithstanding the specific possibilities to object to data processing described in Section 3 (e.g. provided opt-out or unsubscribe links), you have the right to object at any time to the processing of your personal data based on our legitimate interests pursuant to Art. 6 (1) sentence 1, lit. f GDPR on grounds relating to your particular situation by sending an email to privacy@fragrance.com. We will then no longer process your data for this/these purpose(s) unless our legitimate interests in processing overweighs or the processing serves to establish, exercise or defend legal claims.

If you object to the processing of your data, we will process any collected personal data in this context to respond to your request. This data processing is necessary for compliance with a legal obligation.

Legal basis: Art. 6 (1) sentence 1, lit. c GDPR

7. Right to withdraw consent

If you have given us your consent for the processing of your personal data, you can withdraw this consent at any time. The withdrawal of your consent is effective for the future and shall not affect the lawfulness of processing based on consent before its withdrawal.

Unless specifically regulated in Section 3, please send your withdrawal of consent to privacy@fragrance.com.

If you withdraw your consent, we process your personal data collected in this connection to answer your inquiry. This data processing is necessary for compliance with a legal obligation.

Legal basis: Art. 6 (1) sentence 1, lit. c GDPR

8. Your other data protection rights

In accordance with the GDPR, you may demand at any time that we:

  • provide you with information on your personal data that we process (Art. 15 GDPR),
  • rectify (Art. 16 GDPR),
  • erase (Art. 17 GDPR),
  • restrict (Art. 18 GDPR) and/or
  • export (Art. 20 GDPR)

your personal data stored on our systems.

Please send your request either by email to privacy@fragrance.com or in writing, to Fragrance.com, Postbus 3119, 3301DC DORDRECHT, Netherlands.

If you exercise these rights against us, we will process your personal data to respond to your request. This data processing is necessary for compliance with a legal obligation.

Legal basis: Art. 6 (1) sentence 1, lit. c GDPR

Irrespective of your above mentioned rights, you can lodge a complaint with a data protection supervisory authority, if you are of the opinion that the processing of your personal data by Fragrance.com violates the GDPR (Art. 77 GDPR).

9. Changes to this Data Protection Information

The provisions of this Data Protection Information, including the referenced Cookie Policy, shall apply in the version in force at the time the websites is used.

We reserve the right to supplement and modify the content of this Data Protection Information. The updated Data Protection Information applies from the time, in which it was published on our website. In case of substantive or material changes to the Data Protection Information, especially changes that affect the processing of your personal data already collected by us, we will inform you in advance (e.g. by email).