PRIVACY POLICY
Personal data (hereinafter referred to as "data") are processed by us only as necessary and for the purpose of providing a functional and user-friendly website, including its contents and the services offered there.
Pursuant to Art. 4 no. 1. of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as "GDPR"), "processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
With the following data protection declaration, we inform you in particular about the type, scope, purpose, duration and legal basis of the processing of personal data, insofar as we decide either alone or jointly with others on the purposes and means of the processing. In addition, we inform you below about the third-party components we use for optimisation purposes and to increase the quality of use, insofar as third parties process data under their own responsibility.
Our privacy policy is structured as follows:
I. Information about us as the responsible party
II. rights of users and data subjects
III. Information on data processing
I. Information about us as the responsible party
The responsible provider of this website in terms of data protection law is:
Ekay GmbH
Thunstrasse 8
3005 Bern / Switzerland
Phone: +41 31 561 90 90
[email protected]
II. Rights of users and data subjects
With regard to the data processing described in more detail below, users and data subjects have the right to
- to confirmation as to whether data concerning them are being processed, to information about the data being processed, to further information about the data processing and to copies of the data (cf. also Art. 15 DSGVO);
- to correct or complete incorrect or incomplete data (cf. also Art. 16 DSGVO);
- to the immediate erasure of the data relating to them (cf. also Art. 17 of the GDPR), or, alternatively, insofar as further processing is necessary pursuant to Art. 17(3) of the GDPR, to restriction of processing in accordance with Art. 18 of the GDPR;
- to receive the data concerning them and provided by them and to transfer this data to other providers/controllers (cf. also Art. 20 GDPR);
- to lodge a complaint with the supervisory authority if they are of the opinion that the data concerning them is being processed by the provider in breach of data protection provisions (cf. also Art. 77 of the GDPR).
In addition, the provider is obliged to inform all recipients to whom data has been disclosed by the provider about any correction or deletion of data or restriction of processing that takes place on the basis of Articles 16, 17 (1), 18 DSGVO. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Notwithstanding the above, the user has a right to information about these recipients.
Likewise, users and data subjects have the right to object to the future processing of data concerning them in accordance with Art. 21 DSGVO, insofar as the data is processed by the provider in accordance with Art. 6 para. 1 lit. f) DSGVO. In particular, an objection to data processing for the purpose of direct advertising is permitted.
III. Information on data processing
Your data processed when using our website will be deleted or blocked as soon as the purpose of the storage no longer applies, the deletion of the data does not conflict with any statutory retention obligations and no other information is provided below on individual processing procedures.
Server data
For technical reasons, in particular to ensure a secure and stable internet presence, data is transmitted by your internet browser to us or to our web space provider. These so-called server log files are used to collect, among other things, the type and version of your internet browser, the operating system, the website from which you accessed our website (referrer URL), the website(s) of our website that you visit, the date and time of the respective access as well as the IP address of the internet connection from which the use of our website takes place.
The data collected in this way is temporarily stored, but not together with other data about you.
This storage takes place on the legal basis of Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the improvement, stability, functionality and security of our website.
The data will be deleted again after seven days at the latest, unless further storage for evidence purposes is required. Otherwise, the data is exempt from deletion in whole or in part until the final clarification of an incident.
Cookies
a) Session cookies / session cookies
We use so-called cookies with our website. Cookies are small text files or other storage technologies that are placed and stored on your end device by the internet browser you use. These cookies process certain information about you on an individual basis, such as your browser or location data or your IP address.
This processing makes our website more user-friendly, effective and secure, as the processing enables, for example, the reproduction of our website in different languages or the offer of a shopping cart function.
The legal basis for this processing is Art. 6 para. 1 lit b.) DSGVO, insofar as these cookies data are processed for contract initiation or contract processing.
If the processing does not serve to initiate or execute a contract, our legitimate interest lies in improving the functionality of our website. In this case, the legal basis is Art. 6 para. 1 lit. f) DSGVO.
When you close your internet browser, these session cookies are deleted.
b) Third-party cookies
Where applicable, cookies from partner companies with which we cooperate for the purpose of advertising, analysis or the functionalities of our website are also used with our website.
Please refer to the following information for details on this, in particular the purposes and legal bases of the processing of such third-party cookies.
c) Elimination option
You can prevent or restrict the installation of cookies by setting your internet browser. You can also delete cookies that have already been stored at any time. However, the steps and measures required for this depend on the specific internet browser you use. If you have any questions, please use the help function or documentation of your Internet browser or contact its manufacturer or support. In the case of so-called Flash cookies, however, processing cannot be prevented via the browser settings. Instead, you must change the settings of your Flash player. The steps and measures required for this also depend on the specific Flash player you use. If you have any questions, please also use the help function or documentation of your Flash player or contact the manufacturer or user support.
However, if you prevent or restrict the installation of cookies, this may mean that not all functions of our website can be fully used.
Contract processing
The data transmitted by you for the purpose of using our range of goods and/or services is processed by us for the purpose of processing the contract and is necessary to this extent. Conclusion and processing of the contract are not possible without the provision of your data.
The legal basis for the processing is Art. 6 para. 1 lit. b) DSGVO.
We delete the data once the contract has been fully processed, but must observe the retention periods under tax and commercial law.
As part of the contract processing, we pass on your data to the transport company commissioned with the delivery of the goods or to the financial service provider, insofar as the transfer is necessary for the delivery of the goods or for payment purposes.
The legal basis for the transfer of the data is then Art. 6 para. 1 lit. b) DSGVO.
Customer account / registration function
If you create a customer account with us via our website, we will collect and store the data you entered during registration (e.g. your name, address or e-mail address) exclusively for pre-contractual services, for the fulfilment of the contract or for the purpose of customer care (e.g. to provide you with an overview of your previous orders with us or to be able to offer you the so-called notepad function). At the same time, we will store your IP address and the date of your registration along with the time of day. Of course, this data will not be passed on to third parties.
Within the scope of the further registration process, your consent to this processing is obtained and reference is made to this data protection declaration. The data collected by us in this process will be used exclusively for the provision of the customer account.
Insofar as you consent to this processing, Art. 6 para. 1 lit. a) DSGVO is the legal basis for the processing.
If the opening of the customer account also serves pre-contractual measures or the fulfilment of the contract, the legal basis for this processing is also Art. 6 para. 1 lit. b) DSGVO.
In accordance with Art. 7 (3) DSGVO, you can revoke the consent you have given us to open and maintain the customer account at any time with effect for the future. To do so, you only need to inform us of your revocation.
The data collected in this respect will be deleted as soon as processing is no longer necessary. However, we must observe retention periods under tax and commercial law.
Contact requests / contact possibility
If you contact us via the contact form or e-mail, the data you provide will be used to process your enquiry. The provision of the data is necessary for processing and answering your enquiry - without their provision we cannot answer your enquiry or at best only to a limited extent.
The legal basis for this processing is Art. 6 para. 1 lit. b) DSGVO.
Your data will be deleted as soon as your enquiry has been finally answered and there are no legal obligations to retain the data, e.g. in the case of subsequent contract processing.
User contributions, comments and ratings
We offer you the opportunity to publish questions, answers, opinions or evaluations, hereinafter referred to as "contributions", on our website. If you make use of this offer, we will process and publish your contribution, the date and time of submission and the pseudonym used by you, if applicable.
The legal basis for this is Art. 6 para. 1 lit. a) DSGVO. In accordance with Art. 7 (3) DSGVO, you can revoke your consent at any time with effect for the future. To do so, you only need to inform us of your revocation.
In addition, we also process your IP and email address. The IP address is processed because we have a legitimate interest in taking or supporting further action if your contribution infringes the rights of third parties and/or it is otherwise unlawful.
The legal basis in this case is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the legal defence that may be necessary.
Subscription to contributions
If you publish contributions on our website, we also offer you the option of subscribing to any follow-up contributions by third parties. In order to be able to inform you about these follow-up contributions by e-mail, we process your e-mail address.
The legal basis for this is Art. 6 para. 1 lit. a) DSGVO. In accordance with Art. 7 (3) DSGVO, you can revoke your consent to this subscription at any time with effect for the future. To do so, you only need to inform us of your revocation or click on the unsubscribe link contained in the respective email.
Google Analytics
We use Google Analytics on our website. This is a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".
Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
The Google Analytics service is used to analyse the usage behaviour of our website. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimisation and economic operation of our website.
Usage and user-related information, such as IP address, location, time or frequency of visits to our website, is transmitted to a Google server in the USA and stored there. However, we use Google Analytics with the so-called anonymisation function. This function allows Google to truncate the IP address within the EU or EEA.
The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and of the usage activities there. This data may also be used to provide other services related to the use of our website and the use of the internet.
Google states that it does not associate your IP address with any other data. In addition, Google keeps under
https://www.google.com/intl/de/policies/privacy/partners
The website also provides you with further information on data protection law, for example on the options for preventing data use.
In addition, Google offers
https://tools.google.com/dlpage/gaoptout?hl=de
a so-called deactivation add-on together with further information on this. This add-on can be installed with the most common internet browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs the JavaScript (ga.js) of Google Analytics that information about your visit to our website should not be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services. Of course, you can also find out whether and which other web analytics services we use in this privacy policy.
"Google+" social plug-in
We use the plug-in of the social network Google+ ("Google Plus") on our website. Google+ is an internet service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".
Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in improving the quality of our website.
Google provides further information about the possible plug-ins and their respective functions under
https://developers.google.com/+/web/
ready for you.
If the plug-in is stored on one of the pages of our website that you visit, your internet browser downloads a representation of the plug-in from Google's servers in the USA. For technical reasons, it is necessary for Google to process your IP address. In addition, the date and time of your visit to our website will also be recorded.
If you are logged into Google while visiting one of our websites with the plug-in, the information collected by the plug-in from your specific visit will be recognised by Google. Google may assign the information collected in this way to your personal user account there. If you use the Google "Share" button, for example, this information will be stored in your Google user account and may be published via the Google platform. If you wish to prevent this, you must either log out of Google before visiting our website or make the appropriate settings in your Google user account.
Google provides further information on the collection and use of data as well as your rights and protection options in this regard in the privacy policy available at
https://policies.google.com/privacy
data protection information available on the website.
Google Maps
We use Google Maps on our website to display our location and to create directions. This is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".
Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
To enable the display of certain fonts on our website, a connection to the Google server in the USA is established when our website is accessed.
If you call up the Google Maps component integrated into our website, Google will store a cookie on your end device via your internet browser. In order to display our location and create directions, your user settings and data are processed. We cannot exclude the possibility that Google uses servers in the USA.
The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in optimising the functionality of our website.
The connection to Google established in this way enables Google to determine which website your request was sent from and to which IP address the directions should be sent.
If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your internet browser. Details on this can be found above under the item "Cookies".
In addition, the use of Google Maps and the information obtained via Google Maps is subject to the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=de and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.
In addition, Google offers
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
for further information.
"Facebook" social plug-in
We use the plug-in of the social network Facebook on our website. Facebook is an internet service of facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU, this service is in turn operated by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, hereinafter both referred to as "Facebook".
Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Facebook guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in improving the quality of our website.
Facebook provides further information about the possible plug-ins and their respective functions under
https://developers.facebook.com/docs/plugins/
ready for you.
If the plug-in is stored on one of the pages of our website that you visit, your internet browser downloads a representation of the plug-in from the Facebook servers in the USA. For technical reasons, it is necessary for Facebook to process your IP address. In addition, the date and time of your visit to our website are also recorded.
If you are logged in to Facebook while visiting one of our websites with the plug-in, the information collected by the plug-in from your specific visit will be recognised by Facebook. Facebook may assign the information collected in this way to your personal user account there. If you use the Facebook "Like" button, for example, this information will be stored in your Facebook user account and may be published via the Facebook platform. If you wish to prevent this, you must either log out of Facebook before visiting our website or prevent the loading of the Facebook plug-in by using an add-on for your internet browser.
Facebook provides further information on the collection and use of data as well as your rights and protection options in this regard in the privacy policy available at
https://www.facebook.com/policy.php
data protection information available on the website.
YouTube
We use YouTube on our website. This is a video portal of YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as "YouTube".
YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".
Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google, and thus also its subsidiary YouTube, guarantees that the EU's data protection requirements are also complied with when processing data in the USA.
We use YouTube in connection with the "extended data protection mode" function in order to be able to show you videos. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in improving the quality of our website. According to YouTube, the "enhanced data protection mode" function means that the data described in more detail below is only transmitted to the YouTube server when you actually start a video.
Without this "enhanced data protection", a connection to the YouTube server in the USA is established as soon as you call up one of our Internet pages on which a YouTube video is embedded.
This connection is necessary in order to be able to display the respective video on our website via your internet browser. In the course of this, YouTube will at least record and process your IP address, the date and time and the website you visited. In addition, a connection to Google's "DoubleClick" advertising network is established.
If you are logged into YouTube at the same time, YouTube will assign the connection information to your YouTube account. If you would like to prevent this, you must either log out of YouTube before visiting our website or make the appropriate settings in your YouTube user account.
For the purpose of functionality and to analyse user behaviour, YouTube permanently stores cookies on your end device via your internet browser. If you do not agree to this processing, you have the option of preventing the storage of cookies by making a setting in your internet browser. You can find more information on this above under "Cookies".
Google provides further information on the collection and use of data as well as your rights and protection options in this regard in the privacy policy available at
https://policies.google.com/privacy
data protection information available on the website.
Google Remarketing or "Similar Audiences" component from Google
We use the remarketing or "similar target groups" function on our website. This is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".
Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU are also complied with when processing data in the USA.
We use this feature to serve interest-based, personalised advertising on third-party websites that also participate in Google's advertising network.
The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimisation and economic operation of our website.
In order to enable this advertising service, Google stores a cookie with a sequence of numbers on your end device during your visit to our website via your internet browser. This cookie records both your visit and the use of our website in anonymised form. However, no personal data is passed on in the process. If you subsequently visit the website of a third party that also uses the Google advertising network, advertisements may appear that relate to our website or our offers there.
To permanently deactivate this function, Google offers the following options for the most common Internet browsers via
https://www.google.com/settings/ads/plugin
a browser plug-in.
Likewise, the use of cookies from certain providers, e.g. via the
http://www.youronlinechoices.com/uk/your-ad-choices
or
http://www.networkadvertising.org/choices/
be deactivated via opt-out.
Through cross-device marketing, Google may be able to track your usage behavior across multiple devices, so that you may be shown interest-based, personalized advertising even if you switch devices. However, this requires that you have consented to the linking of your browsing history with your existing Google account.
Google provides further information on Google Remarketing at
http://www.google.com/privacy/ads/
an.
Online job applications / publication of job advertisements
We offer you the opportunity to apply to us via our website. For these digital applications, your applicant and application data will be collected and processed electronically by us for the purpose of handling the application process.
The legal basis for this processing is Section 26 (1) sentence 1 BDSG in conjunction with Art. 88 (1) DSGVO. Art. 88 para. 1 DSGVO.
If an employment contract is concluded after the application process, we will store the data you submitted during the application in your personnel file for the purpose of the usual organisational and administrative process - of course in compliance with the more extensive legal obligations.
The legal basis for this processing is also Section 26 (1) sentence 1 BDSG in conjunction with Art. 88 (1) DSGVO. Art. 88 para. 1 DSGVO.
If an application is rejected, we automatically delete the data submitted to us two months after notification of the rejection. However, the deletion does not take place if the data requires longer storage of up to four months or until the conclusion of legal proceedings due to legal provisions, e.g. due to the obligation to provide evidence according to the AGG.
The legal basis in this case is Art. 6 para. 1 lit. f) DSGVO and Section 24 para. 1 no. 2 BDSG. Our legitimate interest lies in the legal defence or enforcement.
If you expressly consent to your data being stored for a longer period of time, e.g. for your inclusion in a database of applicants or interested parties, the data will be processed on the basis of your consent. The legal basis is then Art. 6 para. 1 lit. a) DSGVO. However, you can of course revoke your consent at any time in accordance with Art. 7 Para. 3 DSGVO by making a declaration to us with effect for the future.
