With regard to the terminology used, e.g. “Personal data” and “processing”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Data protection officer responsible for compliance:
Types of processed data:
- Inventory data (e.g., names, addresses).
- Contact information (e.g., e-mail, phone numbers).
- content data (e.g., text input, photographs, videos).
- Contract data (e.g., subject, term, customer category).
- Payment details (e.g., bank details, payment history).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
Processing of special categories of data under GDPR (Article 9 (1):
No special categories of data are processed.
In the following, we also refer to the affected persons as “users”.
Purpose of processing:
- Providing the online offer, its contents and functions.
- Provision of contractual services, service and customer care.
- Answering contact requests and communicating with users.
- Marketing, advertising and market research.
- Safety measures.
As of: 28.02.2019
1. Relevant legal basis
In accordance with GDPR Article 13, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is GDPR Article 6 (1) lit. a and Article 7. The legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is GDPR Article 6 paragraph 1 lit. b. The legal basis for processing in order to fulfil our legal obligations is GDPR Article 6 (1) lit. c, and the legal basis for processing in order to safeguard our legitimate interests is GDPR Article 6 (1) lit. f. In the event that vital interests of the data subject or another natural person require the processing of personal data, GDPR Article 6 paragraph 1 lit. d serves as legal basis.
3. Safety measures
3.1. We take appropriate technical measures in accordance with GDPR Article 32, taking into account techniques, implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different likelihoods and severity of risk to the rights and freedoms of individuals and organizational measures to ensure a level of protection appropriate to the risk. The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to said data, as well controlling access and input of information, monitoring disclosure, and keeping the data secure and isolated. In addition, we have established procedures to ensure compliance with data subject rights, the erasure of data, and correct responses to data compromise. Furthermore, we ensure the protection of personal data already in development, or subject to the selection of hardware, software and procedures, according to the principles of data protection by technology design and by privacy-friendly default settings (GDPR Article 25).
3.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server. As with every connection to a web server, the server of our webhosting provider, Cyon in Basel, Switzerland, logs and stores certain technical data. These data include the IP address and operating system of your device, the data, the access time, the type of browser and the browser request, including the origin of the request (referrer). This is necessary for technical reasons to make our website available to you. Cyon protects this data with technical and organizational measures against unauthorised access and does not pass it on to third parties. As far as we process personal data, we do so because of our interest in providing you the best possible user experience and ensuring the security and stability of our systems.
4. Cooperation with contract processors and third parties
4.1. If, in the context of our processing, we disclose data to other persons and companies (processors or third parties), transmit them to them or otherwise grant access to the data, this is done only on the basis of our having legal permission (e.g. if transmission of the data is to third parties, as required by payment service providers, pursuant to GDPR Article 6 (1) (b)), if you have consented to a legal requirement, or if it is on the basis of our legitimate interests (e.g. the use of agents, web hosts, etc.).
4.2. Insofar as we commission third parties to process data as per a so-called “contract processing contract”, this is done on the basis of GDPR Article 28.
5. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)), or in the context of the use of third party services or disclosure, or transmission of data to third parties, this will only be done if it is to fulfil our pre-contractual obligations on the basis of your consent, on the basis of a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process, or have the data processed, in a third country only in the presence of the special requirements of GDPR Article 44 et seq. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g. through the Privacy Shield for the US) or in compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
6. Rights of the persons concerned
6.1. You have the right to request a confirmation as to whether the data in question is being processed and for information about this data as well as requesting further information and a copy of your data in accordance with GDPR Article 15.
6.2. You have, according to GDPR Article 16, the rights to demand the complete record of data concerning you or the correction of incorrect data concerning you.
6.3. In accordance with GDPR Article 17, you have the right to demand that relevant data be deleted immediately, or alternatively to demand a restriction on the processing of data in accordance with GDPR Article 18.
6.4. You have the right to demand that the data relating to you provided to us be obtained in accordance with GDPR Article 20 and to request their transmission to other relevant persons.
6.5. Under GDPR Article 77 you have the right to file a complaint with the competent supervisory authority.
7. Right of withdrawal
You may consent to the agreement, while retaining the right to withdraw your consent in the future, according to GDPR Article 7 paragraph 3.
8. Right of objection
In accordance with GDPR Article 21, you can object to the future processing of your data at any time. The objection may, in particular, be made against processing for direct marketing purposes.
9. Cookies and right to object to direct mail
10. Deletion of data
10.1. The data processed by us are deleted or limited in their processing in accordance with GDPR Articles 17 and 18. Unless explicitly stated in this privacy statement, the data stored by us will be deleted as soon as they are no longer necessary for their intended purpose and that deletion does not conflict with any statutory retention requirements. Unless the data is deleted because it is required for other and legally permitted purposes, its processing will be restricted. That the data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.
10.2. According to legal requirements, the entire accounting and business correspondence is kept for 10 years in accordance with Article 957 to 963 of the Swiss Code of Obligations. (This includes trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting records, books, records, management reports, accounting records, trade and business letters, electronic communications, tax documents, etc.)
11. Provision of contractual services
11.1. We process inventory data (e.g. names and addresses and contact details of users), contract data (e.g., services used, names of contacts, payment information) to fulfil our contractual obligations and services in accordance with GDPR Article 6 paragraph 1 lit b. The entries marked as obligatory in online forms are required for the satisfaction of the terms of the contract.
11.2. Users have the option to create a user account, which will enable them to view their orders. As part of the registration process, the required mandatory information will be communicated to the users. These user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, unless their retention for commercial or tax law reasons according to GDPR Article 6 paragraph 1 lit. is deemed necessary. It is the responsibility of the users to secure their data upon termination, prior to the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
11.3. As part of the registration and re-registration processes and per use of our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as for the user’s protection against misuse and other unauthorized use. These data are not transferred to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with GDPR Article 6 paragraph 1 lit. c.
11.4. We process usage data (e.g. the visited web pages of our online offering, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile for the user’s information e.g. to display product information based on their previously used services.
11.5. Deletion takes place after expiration of legal warranties and comparable obligations, the necessity to store the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (10 years); Information in the customer account remains until it is deleted.
12.1. When contacting us (via the contact form or email), the information provided by the user to process the contact request and its processing will be according to GDPR Article 6 paragraph 1 lit. b).
12.2. User information will be stored in our Customer Relationship Management System (“CRM System”) or similar requests to the organisation.
12.3. We use the CRM system ‘Caldera Forms’, CalderaWP LLC, 2380 Gregory Dr, Tallahassee, Fla, 32303, USA) based on our legitimate interests (to white the efficient and fast processing of user requests). For this purpose, we have entered into a contract with Caldera Forms with so-called standard contractual clauses, in which Caldera Forms commits itself to processing user data only in accordance with our instructions and compliance with the EU data protection standard. (Https://calderaforms.com/gdpr/).
12.4. We delete requests, if they are no longer required. We check the requirement every two years; inquiries from customers who have a customer account are stored permanently and fall under terms of deletion under the details of customer accounts. In the case of legal archiving obligations, the deletion takes place after its expiration (10 years).
13. Collection of access data and logfiles
13.1. Based on our legitimate interests within the meaning of GDPR Article 6 paragraph 1 lit. f. data is recorded with each instance of access to the server on which this service is located (so-called server log files). Access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
13.2.Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of seven days and then deleted. Data whose further retention is required for evidential purposes are excluded from the erasure until final clarification of the incident.
14.Online presence in social media
14.1. Based on our legitimate interests within the meaning of GDPR Article 6 paragraph 1 lit. f. our online presence within social networks and platforms is in order to communicate with the active customers, prospects and users and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
15. Cookies & reach measurement
15.1. Cookies are information transmitted by our web server or third-party web servers to users’ web browsers and stored there for later retrieval. Cookies are small files or other pieces of stored information.
15.2. We use “session cookies” that are only stored for the duration of the current visit to our online presence (for example, to enable the storage of your login status or the shopping cart function and thus the use of our online offer). In a session cookie a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the retention period. These cookies cannot save other data. Session cookies will be deleted when you have finished using our online offer and you leave the site e.g. log out or close the browser.
15.4. If users do not want cookies stored on their machine, they will be advised to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of any online offers.
16. Google Analytics
16.2. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
16.3. Google will use this information on our behalf to evaluate the uptake of our online offer by users, to compile reports on the activities within this online offering, and to provide us with further services related to the use of this online offer and internet usage. In this case, pseudonymous user profiles of the processed data may be created.
16.4. We use Google Analytics to display advertisements from Google and its affiliate advertising services, to only those users who have shown an interest in our online offering or who have certain characteristics (e.g. interest in specific topics or products that they use) Web pages) that we submit to Google (so-called “remarketing” or “Google Analytics audiences”). With remarketing audiences, we also want to make sure that our ads are in line with the potential interest of users and are not annoying.
16.5. We only use Google Analytics with activated IP anonymisation. This means that the IP address of the users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
16.6. The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
16.7. For more information about Google’s data usage, hiring and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“Google’s use of your data when you use websites or apps our partners “), https://policies.google.com/technologies/ads (” Use of data for promotional purposes “), https://adssettings.google.com/authenticated (” Manage information that Google uses to show you advertising “).
17. Google Re/Marketing Services
17.1. On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of GDPR Article 6 (1) lit. f), we use the marketing and remarketing services (“Google Marketing Services “), LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (” Google “).
17.2. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
17.3. Google Marketing Services allows us to better target advertisements for and on our website so that we only present ads to users that potentially match their interests. Showing ads for products that a user been interested in on other websites is called remarketing. For these purposes, when Google and our other websites access Google Marketing Services, Google immediately recodes the tags which become so-called (re) marketing tags (invisible graphics or code, also known as web beacons) incorporated into the website. With their help, the user is provided with an individual cookie on the device or a small file is saved (instead of cookies, comparable technologies can be used). Cookies can be set by different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file the websites the user visited are noted, as is the content in which they are interested and what offers they have clicked, as well as technical information about the browser and operating system, referring websites, visit time and other information on the use of the online offer. The IP address of users is also recorded, whereby in the context of Google Analytics we announce that the IP address is shortened within member states of the European Union or other parties to the Agreement on the European Economic Area and only in exceptional cases to one Google server in the United States transferred and shortened there. The IP address will not be merged with data of the user within other offers from Google. The above information may also be linked by Google with such information from other sources. If the user then visits other websites, they may be displayed according to his interests, with the ads tailored to him.
17.4. The data of the users are anonymously processed in the context of the Google marketing services. This means Google stores and processes not the name or e-mail address of the users but processes the relevant data cookie-related within pseudonymous user profiles. That from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this anonymisation. The information collected about users through Google Marketing Services is transmitted to Google and stored on Google’s servers in the United States.
17.5. Among the Google marketing services, we use is the online ad program “Google Ad s”. In the case of Google Ads, each Ads customer receives a different “conversion cookie”. Cookies cannot therefore be tracked through the websites of Ads customers. The information obtained through the cookie is used to generate conversion statistics for Ads customers who have opted for conversion tracking. Ads customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive any information that personally identifies users.
17.6. In addition, we may use “Google Tag Manager” to integrate and manage the Google Analytics and Marketing Services on our website.
17.8. If you wish to opt-out of interest-based advertising through Google Marketing Services, you can use the recruitment and opt-out options provided by Google: https://adssettings.google.com/authenticated.
18. Facebook, Custom Audiences and Facebook Marketing Services
18.1. Within our online offer, due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, can be found the so-called “Facebook pixel” of the social network Facebook, by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025 , USA, or if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland operated (“Facebook”).
18.2. Facebook is certified under the Privacy Shield Agreement, providing a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
18.3. With the help of the Facebook Pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the presentation of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook Pixel to display the Facebook Ads we produce only to those Facebook users who have also shown an interest in our online offer or who have certain features (e.g. interests in certain topics or products visited by them), which we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and are not annoying. With the help of the Facebook pixel, we can also understand the effectiveness of the Facebook ads for statistical and market research purposes, in which we see whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
18.4. Processing of the data by Facebook is part of Facebook’s data usage policy. Accordingly, general notes on how to display Facebook Ads can be found here, in Facebook’s Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook Pixel and how it works, visit the help section of Facebook: https://www.facebook.com/business/help/651294705016616.
18.5. You may object to the capture and use of your data by the Facebook Pixel to display Facebook Ads. To set which types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions for the usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
18.6. To prevent the collection of your data via the Facebook Pixel on our website, please click the following link: Facebook opt-out Note: Clicking the link will save an “opt-out” cookie on your device. If you delete the cookies in this browser, then you have to click the link again. Furthermore, the opt-out only applies within the browser you use and only within our web domain on which the link was clicked.
19.1. The following information will inform you about the content of our Newsletters as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receive it and to the procedures described.
19.2. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter called “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are circumscribed, they are significant to the consent of the users. Incidentally, our newsletters contain information about our products, offers, promotions and our company.
19.3. Double opt-in and logging: Registration for our newsletter is done in a so-called double opt-in procedure. I.e. after registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external email addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the logon and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.
19.5. Furthermore, the shipping service provider may, according to its own information, transmit these data in pseudonymous form, i.e. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimisation of the dispatch and the presentation of the newsletters or for statistical purposes to determine from which countries the recipients come. However, the shipping service provider does not use the data of our newsletter recipients to store or copy them, or to pass them on to third parties.
19.6. Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.
19.7. We use the plugin MailChimp for WooCommerce to link the success measurement of the online store with the newsletter data. Entries in the checkout process are already saved as they are entered and used for marketing purposes.
19.8. Measuring success – The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file, which is retrieved from the server of the shipping service provider when the newsletter is opened. As part of this process, technical information, such as information about the browser and your system, as well as your IP address and time of the action are collected. This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our endeavour nor that of the shipping service provider to observe individual users. The evaluations serve us in that they help us recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
19.9. The dispatch of the newsletter and the measurement of success are based on the consent of the recipients according to GDPR Article 6 paragraph 1 lit. a, and GDPR Article 7 in connection with Section 7, Article 2, No. 3 of UWG (the Act Against Unfair Competition) or on the basis of the legal permission pursuant to UWG Section 7 Article 3.
19.10. The logging of the registration process is based on our legitimate interests in accordance with GDPR Article 6 paragraph 1 lit. f and serves as proof of consent to the receipt of the newsletter.
19.11. Termination / Revocation – Newsletter recipients may terminate the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, consent to success measurement expires. A separate cancellation of the performance measurement is unfortunately is not possible at present, instead the entire newsletter subscription must be cancelled. With the deregistration of newsletter, any personal data will be deleted, unless their retention is legally required or justified, in which case their processing is limited to these exceptions. In particular, we may save the e-mail addresses for up to three years on the basis of our legitimate interests before we delete them: this is for purposes of sending out newsletters in order to provide evidence of previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
20. Integration of services and content of third parties
20.1. Based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of GDPR Article 6 (1) lit. f), we make use of content or services offered by third-party providers in order to provide their content and services. Services may include videos or fonts (collectively referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavour to use only content whose respective providers use the IP address only for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. These “pixel tags” can be used to evaluate information, such as visitor traffic, on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
20.2. The following presentation provides an overview of third-party providers as well as their contents, as well as links to their data protection statements, which further notes on the processing of data and, for already mentioned here, contradictory possibilities (so-called opt-out clauses):
- If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the privacy notices of the respective third-party providers, which are retrievable within the respective websites or transactional applications, apply.