PRIVACY POLICY OVERVIEW

Data protection is of highest priority for us. The use of our website is
possible without any indication of personal data; however, if a data subject
wants to use special enterprise services via our website,  processing of
personal data could become necessary. If the processing of personal data is
necessary and there is no statutory basis for such processing, we generally
obtain consent from the data subject.

The processing of personal data, such as the name, address, email address,
or telephone number of a data subject shall always be in line with the General
Data Protection Regulation (GDPR), and in accordance with the country-specific
data protection regulations applicable to us. By means of this data protection
policy, we would like to inform the general public of the nature, scope, and
purpose of the personal data we collect, use and process. Furthermore, data
subjects are informed, by means of this data protection declaration, of the
rights to which they are entitled.

As the controller, we have implemented numerous technical and organizational
measures to ensure the most complete protection of personal data processed
through this website. However, Internet- based data transmissions may in
principle have security gaps, so absolute protection may not be guaranteed.

NAME AND ADDRESS OF THE CONTROLLER

Controller for the purposes of the General Data Protection Regulation
(GDPR), other data protection laws applicable in Member states of the European
Union and other provisions related to data protection is:

COMPLIANCE DEPT.

10725 River Road, Potomac, MD 20854 USA

topbrandsllc.com

 

DEFINITIONS

This data protection declaration is based on the terms used by the European
legislator for the adoption of the General Data Protection Regulation (GDPR).
Our data protection declaration should be legible and understandable to the
general public, as well as to our customers and business partners. To ensure
this, we would like to first explain the terminology used.

In this data protection declaration, we use the following terms:

A.) PERSONAL DATA

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.

B.) DATA SUBJECT

Data subject is any identified or identifiable natural person, whose
personal data is processed by the controller responsible for the processing.

C.) PROCESSING

Processing is any operation or set of operations which is performed on
personal data or on sets of personal data, whether or not by automated means,
such as collection, recording, organization, structuring, storage, adaptation
or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction.

D.) RESTRICTION OF PROCESSING

Restriction of processing is the marking of stored personal data with the
aim of limiting their processing in the future.

E.) PROFILING

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 analyze or predict aspects concerning that
natural person's performance at work, economic situation, health, personal
preferences, interests, reliability, behavior, location or movements.

F.) PSEUDONYMISATION

Pseudonymisation is the processing of personal data in such a manner that
the personal data can no longer be attributed to a specific data subject
without the use of additional information, provided that such additional
information is kept separately and is subject to technical and organizational
measures to ensure that the personal data are not attributed to an identified
or identifiable natural person.

G.) CONTROLLER OR CONTROLLER RESPONSIBLE FOR THE PROCESSING

Controller or controller responsible for the processing is the natural 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.

H.) PROCESSOR

Processor is a natural or legal person, public authority, agency or other
body, which processes personal data on behalf of the controller.

I.) RECIPIENT

Recipient is a natural 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 inquiry in accordance with Union or Member State law shall not be
regarded as recipients; the processing of those data by those public
authorities shall be in compliance with the applicable data protection rules
according to the purposes of the processing.

J.) THIRD PARTY

Third party is a natural or legal person, public authority, agency or body
other than the data subject, controller, processor and persons who, under the
direct authority of the controller or processor, are authorized to process
personal data.

K.) CONSENT

Consent of the data subject is any freely given, specific, informed and
unambiguous indication of the data subject's wishes by which he or she, by a
statement or by a clear affirmative action, signifies agreement to the
processing of personal data relating to him or her.

COOKIES

Our website uses cookies. Cookies are text files that are stored in a
computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a cookie
ID. A cookie ID is a unique identifier of the cookie. It consists of a
character string through which Internet pages and servers can be assigned to
the specific Internet browser in which the cookie was stored. This allows
visited Internet sites and servers to differentiate the individual browser of
the data subject from other Internet browsers that contain other cookies. A
specific Internet browser can be recognized and identified using the unique
cookie ID.

Through the use of cookies, we can provide the users of this website with
more user-friendly services that would not be possible without the cookie
setting.

By means of a cookie, the information and offers on our website can be
optimized with the user in mind. Cookies allow us, as previously mentioned, to
recognize our website users. The purpose of this recognition is to make it
easier for users to utilize our website. The website user that uses cookies,
e.g. does not have to enter access data each time the website is accessed,
because this is taken over by the website, and the cookie is thus stored on the
user's computer system. Another example is the cookie of a shopping cart in an
online shop. The online store remembers the articles that a customer has placed
in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through
our website by means of a corresponding setting of the Internet browser used,
and may thus permanently deny the setting of cookies. Furthermore, already set
cookies may be deleted at any time via an Internet browser or other software
programs. This is possible in all popular Internet browsers. If the data
subject deactivates the setting of cookies in the Internet browser used, not
all functions of our website may be entirely usable.

COLLECTION OF GENERAL DATA AND INFORMATION

Our website collects a series of general data and information when a data
subject or automated system calls up the website. This general data and
information are stored in the server log files. Collected may be (1) the
browser types and versions used, (2) the operating system used by the accessing
system, (3) the website from which an accessing system reaches our website
(so-called referrers), (4) the sub-websites, (5) the date and time of access to
the Internet site, (6) an Internet protocol address (IP address), (7) the
Internet service provider of the accessing system, and (8) any other similar
data and information that may be used in the event of attacks on our
information technology systems.

When using these general data and information, we do not draw any
conclusions about the data subject. Rather, this information is needed to (1)
deliver the content of our website correctly, (2) optimize the content of our
website as well as its advertisement, (3) ensure the long-term viability of our
information technology systems and website technology, and (4) provide law
enforcement authorities with the information necessary for criminal prosecution
in case of a cyber-attack. Therefore, we analyze anonymously collected data and
information statistically, with the aim of increasing the data protection and
data security of our enterprise, and to ensure an optimal level of protection
for the personal data we process. The anonymous data of the server log files
are stored separately from all personal data provided by a data subject.

RIGHTS OF THE DATA SUBJECT

A.) RIGHT OF CONFIRMATION

Each data subject shall have the right granted by the European legislator to
obtain from the controller the confirmation as to whether or not personal data
concerning him or her are being processed. If a data subject wishes to avail
himself of this right of confirmation, he or she may, at any time, contact any
employee of the controller.

B.) RIGHT OF ACCESS

Each data subject shall have the right granted by the European legislator to
obtain from the controller free information about his or her personal data
stored at any time and a copy of this information. Furthermore, the European
directives and regulations grant the data subject access to the following
information:

the
purposes of the processing;

the
categories of personal data concerned;

the
recipients or categories of recipients to whom the personal data have been
or will be disclosed, in particular recipients in third countries or
international organizations;

where
possible, the envisaged period for which the personal data will be stored,
or, if not possible, the criteria used to determine that period;

the
existence of the right to request from the controller rectification or
erasure of personal data, or restriction of processing of personal data
concerning the data subject, or to object to such processing;

the
existence of the right to lodge a complaint with a supervisory authority;

where the
personal data are not collected from the data subject, any available
information as to their source;

the
existence of automated decision-making, including profiling, referred to
in Article 22(1) and (4) of the GDPR and, at least in those cases,
meaningful information about the logic involved, as well as the
significance and envisaged consequences of such processing for the data
subject.

Furthermore, the data subject shall have a right to obtain information as to
whether personal data are transferred to a third country or to an international
organization. Where this is the case, the data subject shall have the right to
be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she
may, at any time, contact any employee of the controller.

C.) RIGHT TO RECTIFICATION

Each data subject shall have the right granted by the European legislator to
obtain from the controller without undue delay the rectification of inaccurate
personal data concerning him or her. Taking into account the purposes of the
processing, the data subject shall have the right to have incomplete personal
data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she
may, at any time,

contact any employee of the controller.

D.) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)

Each data subject shall have the right granted by the European legislator to
obtain from the controller the erasure of personal data concerning him or her
without undue delay, and the controller shall have the obligation to erase
personal data without undue delay where one of the following grounds applies,
as long as the processing is not necessary:

The
personal data are no longer necessary in relation to the purposes for
which they were collected or otherwise processed.

The data
subject withdraws consent to which the processing is based according to
point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the
GDPR, and where there is no other legal ground for the processing.

The data
subject objects to the processing pursuant to Article 21(1) of the GDPR
and there are no overriding legitimate grounds for the processing, or the
data subject objects to the processing pursuant to Article 21(2) of the
GDPR.

The
personal data have been unlawfully processed.

The
personal data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.

The
personal data have been collected in relation to the offer of information
society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to
request the erasure of personal data stored by us, he or she may, at any time,
contact any employee of the controller. An employee shall promptly ensure that
the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant
to Article 17(1) to erase the personal data, the controller, taking account of
available technology and the cost of implementation, shall take reasonable
steps, including technical measures, to inform other controllers processing the
personal data that the data subject has requested erasure by such controllers
of any links to, or copy or replication of, those personal data, as far as
processing is not required. An employee will arrange the necessary measures in
individual cases.

E.) RIGHT OF RESTRICTION OF PROCESSING

Each data subject shall have the right granted by the European legislator to
obtain from the controller restriction of processing where one of the following
applies:

The
accuracy of the personal data is contested by the data subject, for a
period enabling the controller to verify the accuracy of the personal
data.

The
processing is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their use instead.

The
controller no longer needs the personal data for the purposes of the
processing, but they are required by the data subject for the
establishment, exercise or defence of legal claims.

The data
subject has objected to processing pursuant to Article 21(1) of the GDPR
pending the verification whether the legitimate grounds of the controller
override those of the data subject.

If one of
the aforementioned conditions is met, and a data subject wishes to request
the restriction of the processing of personal data stored us, he or she
may at any time contact any employee of the controller. The employee will
arrange the restriction of the processing.

F.) RIGHT TO DATA PORTABILITY

Each data subject shall have the right granted by the European legislator,
to receive the personal data concerning him or her, which was provided to a
controller, in a structured, commonly used and machine-readable format. He or
she shall have the right to transmit those data to another controller without
hindrance from the controller to which the personal data have been provided, as
long as the processing is based on consent pursuant to point (a) of Article
6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract
pursuant to point (b) of Article 6(1) of the GDPR, and the processing is
carried out by automated means, as long as the processing is not necessary for
the performance of a task carried out in the public interest or in the exercise
of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to
Article 20(1) of the GDPR, the data subject shall have the right to have
personal data transmitted directly from one controller to another, where
technically feasible and when doing so does not adversely affect the rights and
freedoms of others.

In order to assert the right to data portability, the data subject may at
any time contact any employee.

G.) RIGHT TO OBJECT

Each data subject shall have the right granted by the European legislator to
object, on grounds relating to his or her particular situation, at any time, to
processing of personal data concerning him or her, which is based on point (e)
or (f) of Article 6(1) of the GDPR. This also applies to profiling based on
these provisions.

We shall no longer process the personal data in the event of the objection,
unless we can demonstrate compelling legitimate grounds for the processing
which override the interests, rights and freedoms of the data subject, or for
the establishment, exercise or defence of legal claims.

If we process personal data for direct marketing purposes, the data subject
shall have the right to object at any time to processing of personal data
concerning him or her for such marketing. This applies to profiling to the
extent that it is related to such direct marketing. If the data subject objects
to the processing for direct marketing purposes, we will no longer process the
personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or
her particular situation, to object to processing of personal data concerning
him or her for scientific or historical research purposes, or for statistical
purposes pursuant to Article 89(1) of the GDPR, unless the processing is
necessary for the performance of a task carried out for reasons of public
interest.

In order to exercise the right to object, the data subject may contact any
employee. In addition, the data subject is free in the context of the use of
information society services, and notwithstanding Directive 2002/58/EC, to use
his or her right to object by automated means using technical specifications.

H.) AUTOMATED INDIVIDUAL DECISION-MAKING, INCLUDING PROFILING

Each data subject shall have the right granted by the European legislator
not to be subject to a decision based solely on automated processing, including
profiling, which produces legal effects concerning him or her, or similarly
significantly affects him or her, as long as the decision (1) is not is
necessary for entering into, or the performance of, a contract between the data
subject and a data controller, or (2) is not authorised by Union or Member
State law to which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and legitimate
interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a
contract between the data subject and a data controller, or (2) it is based on
the data subject's explicit consent, we shall implement suitable measures to
safeguard the data subject's rights and freedoms and legitimate interests, at
least the right to obtain human intervention on the part of the controller, to
express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated
individual decision-making, he or she may, at any time, contact any employee.

I.) RIGHT TO WITHDRAW DATA PROTECTION CONSENT

Each data subject shall have the right granted by the European legislator to
withdraw his or her consent to processing of his or her personal data at any
time.

If the data subject wishes to exercise the right to withdraw the consent, he
or she may, at any time, contact any employee.

LEGAL BASIS FOR THE PROCESSING

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations
for which we obtain consent for a specific processing purpose. If the
processing of personal data is necessary for the performance of a contract to
which the data subject is party, as is the case, for example, when processing
operations are necessary for the supply of goods or to provide any other
service, the processing is based on Article 6(1) lit. b GDPR. The same applies
to such processing operations which are necessary for carrying out
pre-contractual measures, for example in the case of inquiries concerning our
products or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of tax
obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases,
the processing of personal data may be necessary to protect the vital interests
of the data subject or of another natural person. This would be the case, for
example, if a visitor were injured in our company and his name, age, health
insurance data or other vital information would have to be passed on to a
doctor, hospital or other third party. Then the processing would be based on
Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article
6(1) lit. f GDPR. This legal basis is used for processing operations which are
not covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our company
or by a third party, except where such interests are overridden by the
interests or fundamental rights and freedoms of the data subject which require
protection of personal data. Such processing operations are particularly
permissible because they have been specifically mentioned by the European
legislator. He considered that a legitimate interest could be assumed if the
data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA

The data controller shall process and store the personal data of the data
subject only for the period necessary to achieve the purpose of storage, or as
far as this is granted by the European legislator or other legislators in laws
or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed
by the European legislator or another competent legislator expires, the
personal data are routinely blocked or erased in accordance with legal
requirements.

THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD
PARTY

Where the processing of personal data is based on Article 6(1) lit. f GDPR
our legitimate interest is to carry out our business in favor of the well-being
of all our employees and the shareholders.

PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED

The criteria used to determine the period of storage of personal data is the
respective statutory retention period. After expiration of that period, the
corresponding data is routinely deleted, as long as it is no longer necessary
for the fulfillment of the contract or the initiation of a contract.

Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data subject
to provide the personal data; possible consequences of failure to provide such
data

We clarify that the provision of personal data is partly required by law
(e.g. tax regulations) or can also result from contractual provisions (e.g.
information on the contractual partner). Sometimes it may be necessary to
conclude a contract that the data subject provides us with personal data, which
must subsequently be processed by us. The data subject is, for example, obliged
to provide us with personal data when our company signs a contract with him or
her. The non-provision of the personal data would have the consequence that the
contract with the data subject could not be concluded. Before personal data is
provided by the data subject, the data subject must contact any employee.

The employee clarifies to the data subject whether the provision of the
personal data is required by law or contract or is necessary for the conclusion
of the contract, whether there is an obligation to provide the personal data
and the consequences of non-provision of the personal data.

CONTACT POSSIBILITY VIA THE WEBSITE

Our website contains information that enables a quick electronic contact to
our enterprise, as well as direct communication with us via an email address.
If a data subject contacts the controller by email or via a contact form, the
personal data transmitted by the data subject are automatically stored. Such
personal data transmitted on a voluntary basis by a data subject to the data
controller are stored for the purpose of processing or contacting the data
subject. There is no transfer of this personal data to third parties

NEWSLETTER SUBSCRIPTION

On our website, users are given the opportunity to subscribe to our
enterprise's newsletter. The input mask used for this purpose determines what
personal data are transmitted, as well as when the newsletter is ordered from
the controller.

We inform our customers and business partners regularly by means of a
newsletter about enterprise offers. The enterprise's newsletter may only be
received by the data subject if (1) the data subject has a valid email address
and (2) the data subject registers for the newsletter shipping. A confirmation
email will be sent to the email address registered by a data subject for the
first time for newsletter shipping, for legal reasons, in the double opt-in
procedure. This confirmation email is used to prove whether the owner of the
email address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of
the computer system assigned by the Internet service provider (ISP) and used by
the data subject at the time of the registration, as well as the date and time
of the registration. The collection of this data is necessary in order to
understand the (possible) misuse of the email address of a data subject at a
later date, and it therefore serves the aim of the legal protection of the
controller.

The personal data collected as part of a registration for the newsletter
will only be used to send our newsletter. In addition, subscribers to the
newsletter may be informed by email, as long as this is necessary for the
operation of the newsletter service or a registration in question, as this
could be the case in the event of modifications to the newsletter offer, or in
the event of a change in technical circumstances. There will be no transfer of
personal data collected by the newsletter service to third parties. The
subscription to our newsletter may be terminated by the data subject at any
time. The consent to the storage of personal data, which the data subject has
given for shipping the newsletter, may be revoked at any time. For the purpose
of revocation of consent, a corresponding link is found in each newsletter. It
is also possible to unsubscribe from the newsletter at any time directly on the
website of the controller, or to communicate this to the controller in a
different way.

NEWSLETTER TRACKING

Our newsletters contain tracking pixels. A tracking pixel is a miniature
graphic embedded in such emails, which are sent in HTML format to enable log
file recording and analysis. This allows a statistical analysis of the success
or failure of online marketing campaigns. Based on the embedded tracking pixel,
we may see if and when an email was opened by a data subject, and which links
in the email were called up by data subjects.

Such personal data collected in the tracking pixels contained in the
newsletters are stored and analyzed by the controller in order to optimize the
shipping of the newsletter, as well as to adapt the content of future
newsletters even better to the interests of the data subject. This personal
data will not be passed on to third parties. Data subjects are at any time
entitled to revoke their declaration of consent to receive newsletters.

After a revocation, these personal data will be deleted by the controller.
We automatically regard a withdrawal from the receipt of the newsletter as a
revocation.

REGISTRATION ON OUR WEBSITE

The data subject has the possibility to register on the website of the
controller with the indication of personal data. Which personal data are
transmitted to the controller is determined by the respective input mask used
for the registration. The personal data entered by the data subject are
collected and stored exclusively for internal use by the controller, and for
his own purposes. The controller may request transfer to one or more processors
(e.g. a parcel service) that also uses personal data for an internal purpose
which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by
the Internet service provider (ISP) and used by the data subject—date, and time
of the registration are also stored. The storage of this data takes place
against the background that this is the only way to prevent the misuse of our
services, and, if necessary, to make it possible to investigate committed
offenses. Insofar, the storage of this data is necessary to secure the
controller. This data is not passed on to third parties unless there is a
statutory obligation to pass on the data, or if the transfer serves the aim of
criminal prosecution.

The registration of the data subject, with the voluntary indication of
personal data, is intended to enable the controller to offer the data subject
contents or services that may only be offered to registered users due to the
nature of the matter in question. Registered persons are free to change the
personal data specified during the registration at any time, or to have them
completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to
each data subject as to what personal data are stored about the data subject.
In addition, the data controller shall correct or erase personal data at the
request or indication of the data subject, insofar as there are no statutory
storage obligations. The entirety of the controller’s employees are available
to the data subject in this respect as contact persons.

PAYMENT METHOD: DATA PROTECTION PROVISIONS ABOUT THE USE OF PAYPAL
AS A PAYMENT PROCESSOR

On this website, the controller has integrated components of PayPal. PayPal
is an online payment service provider. Payments are processed via PayPal
accounts, which represent virtual private or business accounts. PayPal is also
able to process virtual payments through credit cards when a user does not have
a PayPal account. A PayPal account is managed via an email address, which is
why there are no classic account numbers. PayPal makes it possible to trigger
online payments to third parties or to receive payments. PayPal also accepts
trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. &
Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses "PayPal" as the payment option in the
online shop during the ordering process, we automatically transmit the data of
the data subject to PayPal. By selecting this payment option, the data subject
agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name,
address, email address, IP address, telephone number, mobile phone number, or
other data necessary for payment processing. The processing of the purchase
contract also requires such personal data, which are in connection with the
respective order.

The transmission of the data is aimed at payment processing and fraud
prevention. The controller will transfer personal data to PayPal, in
particular, if a legitimate interest in the transmission is given. The personal
data exchanged between PayPal and the controller for the processing of the data
will be transmitted by PayPal to economic credit agencies. This transmission is
intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service
providers or subcontractors to the extent that this is necessary to fulfill
contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of
personal data at any time from PayPal. A revocation shall not have any effect
on personal data which must be processed, used or transmitted in accordance
with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under
https://www.paypal.com/us/webapps/mpp/ua/privacy-full.