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Privacy and cookies policy

EFFECTIVE DATE

This Privacy Policy was last revised on 21 May 2024
 

WHO WE ARE

RetroCode has its registered office at Lenzstraße 15, 82140 Olching, Germany with company number HRB 293254 Geschäftsführer Peter Häffner.

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At RetroCode, we take your privacy seriously. Our aim is not just to comply with privacy law. It’s to earn your trust. 

RetroCode doesn’t make money from ads. So we don’t collect data in order to advertise to you. We act as controller for the personal data we gather through your use of our website for the sole purpose of informing, promoting and eventually selling our services as well as maintaining, improving and managing our service offerings to provide you with the best experience whenever you interact with RetroCode in the digital and real world.

In accordance with European General Data Protection Legislation (“GDPR”) and local applicable laws, this Privacy Notice is solely intended to provide you with information on how RetroCode collects, uses, protects, stores, shares and deletes (collectively referred to as “process” or “processing” in this Privacy Notice) the personal data you share with us through your use of our website. This Privacy Notice also explains how you can contact us to exercise your rights under local law. For our privacy practices in relation to our services, we refer you to the agreement as may be concluded between us.

If you have any questions, concerns or complaints regarding this Privacy Policy or our processing of your personal data or you wish to submit a request to exercise your rights as set out in article 4, you can contact us:

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YOUR PERSONAL DETAILS

WHICH DATA IS COLLECTED AND HOW IS IT BEING USED

Personal data is defined as any information relating to an identified or identifiable natural person. Identifiable refers to identifiers (such as name, identification number, location data, etc.), that can be used to directly or indirectly identify a natural person.

Personal data we collect and what it is being used for is listed below:

  • Identity information – this is information we use to identify and make sure you are who you claim to be. This may include: name [first, last, initials], date of birth, e-mail address, nickname, password and/or social media identifiers.

  • Contact information – this is information we use to reach out to you in order to send you information about RetroCode and its offerings, provide you with promotional information, share with you what is happening at RetroCode, and answer your queries and concerns. This includes for example: phone number, shipping and billing address, e-mail address, Messenger ID, social media name.

  • Social Media information – this is information we use to understand you better, in order to build a better relationship with you as a RetroCode client, create offerings that you will like, and focus our marketing efforts on messages which you will consider helpful and interesting (based on your online behavior), as well as optimizing your social media interactions with RetroCode and other RetroCode community members. In case you authenticate with a third-party service (like X, Instagram;, Facebook or Google) we may collect, store, and periodically update information associated with that third-party account. This includes any social media information that is publicly available such as [but not limited to]: social media handles, social media interactions and postings, your “Likes” and other reactions, your social media connections such as your lists of friends or followers, etc. We will never publish through your third-party account without your permission.

  • Community information – this is information we use to make sure you can make the most out of RetroCode communities, such as registering for events and participating in events. This includes for example: pictures, videos, your nickname, your team, your interests and preferences, your feedback, leaderboards, event participation, joined groups.

  • Location information – this is information we use to make sure we provide you with the most relevant information based on your geographical location. This includes for example: your residential location, current log-in location [IP address], GPS data.

  • Device information – this is information we use to secure our network and improve our services and performances. This includes for example: IP address, date and time of the visit, how long you remained on our website, the referral URL (if you came to our site via a different site or an advertisement), the pages visited on our site, your browser type, device type, versions, operating system.

  • Purchase information – this is information we use to process any purchase order for RetroCode’s service offerings. This includes for example: payment information (credit card number), payment risk profile, delivery details, shipping and billing address, customer order number, purchase history with RetroCode.

  • Correspondence – this is information we use for quality control purposes, and to make sure we have complied with your requests or legal requirements. This includes for example: e-mail and/or postal correspondence with RetroCode.

  • Behavioral/Profile information – this is information we use to make sure we communicate only information that is relevant to you, provide you with the best RetroCode deals and offerings which you would be interested in, and to maximize your experience as a RetroCode member in our online or offline communities. This includes for example: your purchase history, your browsing behavior, your browsing preferences.

  • Preference information – this is information we use to make sure you have the best RetroCode experience whenever we interact. This includes for example: preferred language, browsing preferences, our correspondence with you, your reviews of RetroCode offerings.

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PURPOSES

WHY WE ARE USING YOUR PERSONAL DETAILS

Ultimately, we use your personal details to provide you with the best client experience you could have with RetroCode, and we constantly work on improving that experience. More specifically, we use your personal details to do the following:

  • To inform you about our services – We use your personal details to send you alerts and updates about our service offerings based on your preferences, interests, participations and communities. When you purchase our services, RetroCode will be contacting you via email without your separate consent to provide you with information about our services. This is considered our “legitimate business interest” in order to make sure our business continues to thrive.

  • To deliver first-class experience to you – We collect and store certain information from you and from your devices, terminal equipment, and browsers (such as using a “cookie”, pixel tag or any other targeting technology. This allows us to remember how you prefer to browse and consume content on our website. It also allows us to present you with the relevant information tailored to your needs. You can find more information about how we use online tracking technologies such as Cookies, tags, and other codes from the “Cookies” section.

  • To sell you our services offerings – We use your personal details to process your purchase order, make sure your payment is received, comply with the requirements under our Terms and Conditions for selling and delivering you our services.

  • To test, promote, improve, personalize, manage and run our business – We take appropriate technical and organizational measures to protect personal details against accidental, unlawful destruction or accidental loss, alteration, unauthorized use, disclosure or access, in particular where the processing involves the transmission of data, and against all other unlawful forms of processing and misuse. We also commit ourselves to fight spam and other forms of abuse.

  • To store your personal data – We will store your personal details until you tell us to delete them.

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DISCLOSURE

WHOM DO WE SHARE YOUR PERSONAL DETAILS WITH?

In order to grant you access to our website and provide you with the best client experience, we share the personal details you provide to us with the various service providers who help us provide you the best experience possible.
RetroCode may share your account information with third parties in some specific circumstances, including: 

  • with your consent;

  • to a service provider or partner who meets our data protection standards;

  • with academic or non-profit researchers, with aggregation, anonymization, or pseudonomization;

  • when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process;

  • when we have a good faith belief that doing so will help prevent imminent harm to someone.

In case RetroCode is required as a responsible corporate citizen to share your details with the following type of entities (as permissible and required by law), we will give you notice unless we’re prohibited by law or believe doing so may endanger others. 

  • Authorities and law enforcement – Government authorities and/or law enforcement officials if required for the purposes identified in this notice, in the event such disclosure is mandated by law to fulfill a legal obligation or if required for the legal protection of our legitimate interests in compliance with applicable laws. RetroCode may also disclose personal data in order to protect your vital interests or the vital interests of another natural person.

  • Partners – We may run joint programmes, events or promotions with other companies on its websites or applications. Our partner will only use your personal details, if we have your consent for them to do so. If you do not wish to have your personal details collected by, or shared with a company other than RetroCode, you can always choose not to participate in such programs, promotions or events.

  • Prospective purchasers’ adviser – In the event that the business is sold or integrated with another business, your personal details will be disclosed to our advisers and any prospective purchaser’s advisers, and to the new owners of the business.

RetroCode will object to requests for information about users of our services which we believe to be improper. We won’t sell or transfer information about you to third parties for the purpose of providing or facilitating third-party advertising to you. Neither will RetroCode disclose your personal data to our social media partners. We do, however, make use of social media plugins to direct you to our social media channels and to allow you to interact with our content. These social media channels are (Facebook, Instagram, LinkedIn, X, Google+, YouTube, Vimeo and Pinterest). In the event you click such link, such social media service provider may collect personal data about you and may link this information to your existing profile on such social media. RetroCode is not responsible for the use of your personal data by such social media service provider. In such case, the social media service provider will act as controller. For your information only, we have included the relevant links (these may be changed from time to time by the relevant service provider):

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LEGAL BASIS

The legal basis for RetroCode to use your personal details as described consists of:

  • Your consent  – When you sign up, purchase services, participate in our communities or create an account, you consent to us using the personal details you provide to carry out the purposes we identified to you in accordance with this Notice. We store that we have your permission to use your personal details in a particular manner, e.g. to receive marketing communications.

  • Contractual obligations – We will process and use your personal details to fulfil our contractual obligations so we can provide you with your requested services.

  • Legitimate interests – We will process and use your personal details to carry out and improve our services, sending you e.g. marketing communications.

  • Compliance with laws – We will process and use your personal details to comply with legal obligations under applicable laws.

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RETENTION OF YOUR PERSONAL DATA AND DELETION

HOW LONG WE KEEP YOUR DATA

Your personal information will not be kept for longer than is necessary for a specific purpose. However, considering it is not possible for us to specify a period in advance, the period of retention will be determined as follows:

  • To provide you with information, products or services that you request from us or which we feel may interest you

  • To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection

  • If you pay for services using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company

  • To allow you to participate in interactive features of our services, when you choose to do so

  • To contact you about our services

  • In any other way we may describe when you provide the information or when we prompt you regarding a new use of information about you.

  • To present content from our services in an effective manner for you and for your computer or mobile device

In the event you withdraw your consent or you object to our use of your personal data, and such objection is successful, we will remove your personal data from our databases. Please note that we will retain the personal data necessary to ensure your preferences are respected in the future.
The foregoing will, however, not prevent us from retaining any personal data if this is necessary to comply with our legal obligations, in order to file a legal claim or defend ourselves against a legal claim, or for evidential purposes.
 

YOUR RIGHTS

AND HOW TO EXERCISE THEM

This article lists your principal rights under data protection law. We have tried to summarize them for you in a clear and legible way. To exercise any of your rights, please send us a written request: 

We will respond to your request without undue delay, but in any event within one month of the receipt of the request. In the event of an extension of the term to respond or in the event we do not take action on your request, we will notify you.
You have the following rights to your personal details according to GDPR. However, you should know that we will comply according to the extent that the law requires us to; in some cases, where it is legally required for us to keep your details the way it is, we will decline to comply with your requests. In this case, we will provide you with our reasons.
 

Right to access your personal details

You have the right to obtain confirmation as to whether or not we process your personal data and, in the event that we do, you have the right to request access to such personal details. You have the right to receive a copy of your personal data that we have in our possession, provided that this does not adversely affect the rights and freedom of others:

  • why we have your personal details;

  • what categories of data we have;

  • what we do with your personal details;

  • who has access to your personal details (and where they are);

  • where your personal details might be transferred to;

  • how long we are keeping your personal details;

  • if you didn’t provide your personal details directly to us, how did we get them;

  • your rights under applicable laws and the possibility to restrict processing; and

  • if we use your personal details for any automated-decision making, and how we do it.

 

Right to rectification by correcting your personal details

You have the right to make sure your personal details are accurate and complete.
 

Right to restrict how we use and process your personal details

You also have the right to tell us to stop using your personal details in a particular way (for example, you don’t want us to profile you for marketing reasons, or send you marketing communications). Your right to restrict the processing of your personal data means that the personal data may only be stored by us and may only be used for limited purposes, if:

  • you contest the accuracy of the personal data (and only for as long as it takes to verify that accuracy);

  • the processing is unlawful and you request restriction (as opposed to exercising the right to erasure);

  • we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; or,

  • you have objected to processing, pending the verification of that objection.

In addition to our right to store your personal data, we may still otherwise process it but only:

  • with your consent;

  • for the establishment, exercise or defense of legal claims;

  • for the protection of the rights of another natural or legal person; or,

  • for reasons of important public interest.

We will inform you before we lift the restriction of processing.
 

Right to object to processing of personal details

You have the right to object to the processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:

  • the performance of a task carried out in the public interest or in the exercise of any official authority vested in us;

  • the purposes of the legitimate interests pursued by us or by a third party.

If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
 

Right to data portability

To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
You also have the right to have your personal data transferred directly to another company, if this is technically possible, and/or to store your personal data for further personal use on a private device.
 

Right to be forgotten by deleting your personal details

If you no longer want to interact with us, or you do not want us to have your personal details, you have the right to ask us to delete all your personal details from our systems. However, please note that there might be legal obligations we need to comply with which compel us to decline your requests or to keep certain information. Circumstances under which you have the right to the erasure of your personal data include:

  • the personal data are no longer needed in relation to the purposes for which they were collected or otherwise processed;

  • you withdraw your consent, and no other lawful ground exists;

  • the processing is for direct marketing purposes;

  • the personal data have been unlawfully processed; or,

  • erasure is necessary for compliance with EU law or German law

There are certain exclusions to the right to erasure. Those exclusions include where processing is necessary:

  • for exercising the right of freedom of expression and information;

  • for compliance with a legal obligation; or,

  • for the establishment, exercise or defense of legal claims.

 

Right to complain to a regulator / supervisory authority

If you consider that our processing of your personal information infringes data protection laws, you have the legal right to lodge a complaint with a supervisory authority in the EU Member State that you are located in.

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The BfDI (Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit) is the federal Data Protection Authority for Germany. It resides in Bonn and is in charge of enforcing GDPR for Germany for the federal government and private telecommunication services. 

Complaints can be filed in electronic form according to § 14(3) BDSG at bfdi.bund.de (in German).

In case of an obviously unjustified complaint or excessive complaints from one complainant the BfDI is under § 14 (4)(2) BDSG allowed to charge a fee for complaints or can reject the complaint.

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In Belgium, you can submit a complaint to the Authority for the Protection of Personal Data (Privacy Commission), Drukpersstraat 35, 1000 Brussel
email: commission@privacycommission.be
website: https://www.privacycommission.be/nl/contact
 

COOKIES

Cookies are small text files that are stored on your computer or mobile device when you visit a website. For this section, we conveniently use “cookies” as an umbrella term for techniques such as cookies, Flash cookies and web beacons. They don’t take much space and they will be removed automatically when expired. Some cookies expire at the end of your session, while others will be saved for a certain amount of time.
 

WHAT ARE THE DIFFERENT COOKIE TYPES WE USE?

RetroCode makes use of cookies. There are different types of cookies with different uses. Some are there just to allow you to browse the website and see certain features. Some give us an idea on your browsing experience, i.e. when you have trouble finding what you are looking for, so we can improve and make your future visit as pleasant as possible. 

Cookies set by RetroCode are called “first party cookies”.  Cookies set by parties other than us are called “third-party cookies”.  Third-party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics).  The parties that set these third-party cookies can recognize your computer or mobile both when it visits the website in question and when it visits certain other websites.  We use first party and third-party cookies for several reasons. 

The most important cookies are the required cookies. They are essential and help you to navigate on the website and to use basic features, such as media plugins. Functionality cookies enable you to save your shopping bag, create a wish list and to save your shipping details for a quicker checkout. The performance and analytics cookies we use to improve our website. We also like to show you relevant offers. To manage this we collect browsing data, which may be linked to a unique identifier to allow us to understand how you interact with RetroCode across different platforms as described in our Privacy Notice. Interaction cookies are used for you to interact with social media or to submit reviews.  Targeting cookies, advertising cookies and social media cookies capture your preferences to show you relevant ads outside RetroCode. In addition, social media cookies may be used to track your activity over social media platforms.

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WHY DO WE USE COOKIES?

RetroCode uses cookies primarily to ensure your visit to our website is as pleasant as possible, as well as for advertising-related purposes during your future visits to other websites. Below you see a more elaborate overview of the types of cookies we are using and why:

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REQUIRED COOKIES

are essential and help you navigate, move around on the website and see certain features (e.g. these cookies make sure your basket is saved during all the steps of your checkout process). These cookies are required to enable core site functionality. These cookies are stored for the duration of your browsing session.
 

FUNCTIONALITY AND ANALYTICS COOKIES

can give you an even smoother customer experience (e.g. these cookies help you to save and remind you about your shopping bag and enable you to create a wish list). These cookies allow us to analyse site usage so we can measure and improve performance. These cookies may be placed by us or a third party on our behalf (see our cookie opt-out tool) and are stored for the duration of your browsing session.
 

ADVERTISING AND SOCIAL MEDIA COOKIES

will remember your product and buying preferences or assist marketing efforts in other ways. These cookies enable us to share data, such as what you like, with our advertisers, so the advertisement you see can be more relevant to your preferences (sometimes referred to as “targeting cookies”).

They help us to understand shopping behavior of visitors. This enables us to keep improving our website, so shopping becomes easier and more pleasant, and to improve the marketing messages we send to our customers (sometimes referred to as “performance cookies”).

They are used for you to express your opinion. These cookies will enable you to like or recommend us on social media and to chat with our service agents. But you can also advise our other (potential) customers by rating and reviewing our products (sometimes referred to as “interaction cookies”).
 

WHAT IF YOU DON’T LIKE COOKIES?

If you prefer to waive the benefits of these cookies, you can change your browser settings to delete or prevent certain cookies from being stored on your computer or mobile device without your explicit consent. The ‘help’ section in your browser should provide information on how to manage your cookie settings.
 

AMENDMENTS TO THE PRIVACY & COOKIES POLICY

From time to time, we have the right to modify this Privacy Policy. You will always be able to consult the most recent version of the Privacy Policy on the website.

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