Protection des données
La présente politique de confidentialité clarifie la nature, la portée et la finalité du traitement de données à caractère personnel (ci-après dénommées "données") dans le contexte de la fourniture de nos services et de notre offre en ligne ainsi que des sites Web, fonctions et contenus associés, ainsi que présence en ligne externe, telle que notre profil de médias sociaux (collectivement appelé «offre en ligne»). En ce qui concerne les termes utilisés, tels que "traitement" ou "responsable", nous renvoyons aux définitions figurant à l'article 4 du règlement général sur la protection des données (RGPD).
Le plus grand centre commercial
Route de Coinsin 6, 1167 Lussy sur Morges, Schweiz
L’adresse de notre site Web est www.cinquiemepatte.ch
Notre adresse mail est firstname.lastname@example.org
Types de données traitées
- Données d'inventaire (par exemple, données de base personnelles, noms ou adresses).
- Coordonnées (p. Ex. Courriel, numéros de téléphone).
- Données de contenu (par exemple, saisie de texte, photographies, vidéos).
- Données d'utilisation (par exemple, sites Web visités, intérêt pour le contenu, temps d'accès).
- Données méta / de communication (par exemple, informations sur le périphérique, adresses IP).
Catégories de personnes touchées
Visiteurs et utilisateurs de l'offre en ligne (ci-après, nous désignons les personnes concernées comme des "utilisateurs").
But du traitement
- Fourniture de l'offre en ligne, de ses fonctions et de son contenu.
- Répondre aux demandes de contact et communiquer avec les utilisateurs.
- Mesures de sécurité.
- Mesure de portée / marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, are the expression of the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures, or any such process associated with personal data. The term covers a wide range and covers practically every handling of data.
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
"Profiling" means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal To analyze or predict preferences, interests, reliability, behavior, whereabouts, or relocation of that natural person.
'Responsible person' means the natural or legal person, public authority, body or body which, alone or in concert with others, decides on the purposes and means of processing personal data.
"Processor" means a natural or legal person, public authority, body or body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. For users within the scope of the General Data Protection Regulation (DSGVO), ie the EU and the EEC, unless the legal basis in the data protection declaration is mentioned, the following applies:
The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR;
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 Art. 6 para. 1 lit. b DSGVO;
The legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
The legal basis for the processing required to carry out a task in the public interest or in the exercise of official authority which has been delegated to the controller is Article 6 (1) lit. e DSGVO.
The legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO.
The processing of data for purposes other than those to which they have been granted is governed by the provisions of Article 6 (4) GDPR.
The processing of special categories of data (pursuant to Art. 9 (1) GDPR) is governed by the provisions of Art. 9 (2) GDPR.
We will take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing and the different likelihood and severity of the risk to the rights and freedoms of individuals to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and disconnection. In addition, we have established procedures to ensure the enjoyment of data subject rights, the erasure of data and the response to data compromise. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings.
Collaboration with contract processors, joint controllers and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors, joint controllers or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if the data has been transmitted to third parties, such as payment service providers, to fulfill the contract), users have consented to a legal obligation to do so or on the basis of our legitimate interests (eg the use of agents, webhosters, etc.).
Insofar as we disclose data to other companies in our group, convey it or otherwise grant access to it, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
Transfers to third countries
If we process data in a third country (ie outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or in the context of the use of third party services or disclosure, or transmission of data to other persons or companies This will only happen if it is to fulfill 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 leave the data in a third country only in the presence of legal requirements. This means that processing takes place on the basis of special guarantees, for example.
Rights of data subjects
You have the right to ask for confirmation as to whether such data is being processed and for information about this data, as well as for further information and copy of the data in accordance with legal requirements.
You have accordingly. the legal requirements to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with the legal requirements, they have the right to demand that the relevant data be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with the statutory provisions.
You have the right to request that the data relating to you provided to us be obtained in accordance with the statutory requirements and to request their transmission to other persons responsible.
They also have the right, in accordance with the statutory provisions, to submit a complaint to the competent supervisory authority.
You have the right to revoke granted consent with effect for the future.
You may object to the future processing of your data in accordance with legal requirements at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct mail
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie serves primarily to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a login status can be saved. "Persistent" or "persistent" refers to cookies that remain stored even after the browser has been closed. For example, the login status can be saved, when users visit them after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person responsible for providing the online offer (otherwise, if only their cookies are called "first-party cookies").
If users do not want cookies stored on their machine, they will be asked 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 this online offer.
Deletion of data
The data processed by us will be deleted or restricted in accordance with legal requirements. 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 the deletion does not conflict with any statutory storage requirements.
Unless the data is deleted because it is required for other and legally permitted purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
In addition, we process
- contract data (eg, subject matter, term, customer category).
- Payment data (eg, bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer account
We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data includes inventory data, communication data, contract data, payment data and those affected by the processing belong to our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.
Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the required mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with respect to the user account, subject to their retention is necessary for commercial or tax reasons. Information in the customer's account remains until its deletion with subsequent archiving in the case of a legal obligation or our legitimate interests (eg, in the case of litigation). It is the responsibility of the users to secure their data upon termination prior to the end of the contract.
As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the pursuit of our legal claims as a legitimate interest or there is a legal obligation to do so.
The deletion takes place after expiry of legal warranty and other contractual rights or obligations (eg, payment entitlements or performance obligations from contracts with customers), whereby the necessity of keeping the data is checked every three years; in the case of storage due to legal archiving obligations, the deletion takes place after its expiration.
External payment service providers
As part of the fulfillment of contracts, we set the payment service providers on the basis of Art. 6 para. 1 lit. b. DSGVO. Incidentally, we use external payment service providers on the basis of our legitimate interests. Art. 6 para. 1 lit. f. DSGVO in order to offer our users effective and secure payment options.
Data processed by PSPs includes inventory data, such as name and address, bank details, such as bank account numbers or credit card numbers, passwords, TANs and checksums, and contract, summary and recipient-related information. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. This means we do not receive any account or credit card-related information, only information with confirmation or negative disclosure of the payment. The data may be transmitted by the payment service providers to credit reporting agencies. This transmission aims at the identity and credit check.
For the payment transactions, the terms and conditions and the privacy notices of the respective payment service providers, which are available within the respective websites, or transactional applications apply. We also refer to these for further information and assertion of rights of revocation, information and other data subjects.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services.
We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, organizers and other business partners on the basis of our business interests, eg for the purpose of contacting you later. We generally store this majority of company-related data permanently.
Business analysis and market research
In order to operate our business economically, to be able to recognize market tendencies, wishes of the contractors and users, we analyze the data available to us for business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata on the basis of Art 6 para. 1 lit. f. DSGVO, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyzes are carried out for the purpose of business analysis, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, eg on their services used. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economy. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes.
If these analyzes or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.
Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 para. 1 lit. b DSGVO processed for purposes of providing the user account. The processed data include in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account and its purpose.
Users may be informed by e-mail about information relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with respect to the user account, subject to a statutory retention requirement. 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.
In the context of the use of our registration and registration functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c. DSGVO. The IP addresses will be anonymized or deleted after 7 days at the latest.
Comments and posts
If users leave comments or other contributions, their IP addresses based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO be stored for 7 days. This is for our own safety, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we may be sued for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, in accordance with our legitimate interests. Art. 6 para. 1 lit. f. DSGVO to process the information of users for the purpose of spam detection.
The information provided in the comments and contributions to the person, any contact and website information as well as the content information, are stored by us until the opposition of the users permanently.
The follow-up comments can be made by users with their consent acc. Art. 6 para. 1 lit. subscribed to a DSGVO. Users will receive a confirmation email to verify that they own the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain notes on the revocation options. For the purpose of proving the consent of the users, we save the registration time together with the IP address of the users and delete this information when users unsubscribe from the subscription.
You can cancel the receipt of our subscription at any time, ie revoke your consent. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide prior consent. The processing of this data is limited to the purpose of a possible defense 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.
Akismet anti-spam check
Our online offering uses the "Akismet" service offered by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. The use is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR. With the help of this service, comments of real people are distinguished from spam comments. All comment information is sent to a server in the US, where it is analyzed and stored for four days for comparison. If a comment has been classified as spam, the data will be stored beyond that time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, details of the browser used, the computer system and the time of the entry.
For more information about the collection and use of data by Akismet, see the Automattic Privacy Notice: https://automattic.com/privacy/ .
Users are welcome to use pseudonyms, or to refrain from entering the name or email address. You can completely prevent the transfer of data by not using our commenting system. That would be a shame, but unfortunately we see no other alternatives that work equally effectively.
When contacting us (eg by contact form, e-mail, telephone or via social media), the information provided by the user to process the contact request and its processing acc. Art. 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 para. 1 lit. f. (other inquiries) DSGVO processed. User information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization.
We delete the requests, if they are no longer required. We check the requirement every two years; Furthermore, the legal archiving obligations apply.
With the following information we inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Insofar as the content of a newsletter is concretely described in the context of an application for the newsletter, it is decisive for the consent of the user. Incidentally, our newsletters contain information about our services and us.
Double opt-in and logging: Registration for our newsletter is done in a so-called double opt-in procedure. That means you will receive an e-mail after logging in to ask for confirmation of your registration. This confirmation is necessary so that nobody can register with external e-mail 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.
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.
The dispatch of the newsletter and the related performance measurement are based on the consent of the recipient acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO in connection with § 7 Abs. 2 Nr. 3 UWG or if consent is not required based on our legitimate interests in direct marketing acc. Art. 6 para. 1 lt. F. DSGVO in conjunction with § 7 (3) UWG.
The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f DSGVO. We are interested in using a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of users and allows us to provide consent.
Termination / Revocation - You can cancel the receipt of our newsletter at any time, ie revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide prior consent. The processing of this data is limited to the purpose of a possible defense 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.
Newsletter - Success Measurement
The newsletters contain a so-called "web beacon", ie a pixel-sized file that is retrieved from the server when the newsletter is opened by our server or, if we use a shipping service provider. As part of this call, technical information, such as information about the browser and your system, as well as your IP address and time of the call 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 intention nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize 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.
A separate revocation of the performance measurement is unfortunately not possible, in this case, the entire newsletter subscription must be terminated.
Hosting and e-mailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mail delivery, security and technical maintenance services we use to operate this online service.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider ,
Logfile information is stored for security reasons (eg to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes are excluded from the erasure until the final clarification of the incident.
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services.
We point out that data of the users outside the area of the European Union can be processed. This can result in risks for the users, because for example the enforcement of the rights of the users could be made more difficult. With respect to US providers certified under the Privacy Shield, we point out that they are committed to respecting EU privacy standards.
Furthermore, the data of the users are usually processed for market research and advertising purposes. For example, user profiles can be created from the user behavior and resulting user interests. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that are supposedly in line with the interests of the users. For these purposes, cookies are usually stored on the computers of the users, in which the user behavior and the interests of the users are stored. Furthermore, in the usage profiles, data can also be stored independently of the devices used by the users (in particular if the users are members of the respective platforms and logged in to them).
The processing of personal data of users is based on our legitimate interests in an effective information of users and communication with users in accordance with. Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms for a consent to the above-described data processing, the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 GDPR.
For a detailed description of the respective processing and the possibilities of contradiction (opt-out), we refer to the following linked information of the provider.
Also in the case of requests for information and the assertion of user rights, we point out that these can be claimed most effectively from the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, then you can contact us.
Integration of services and contents of third parties
Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Integrate services such as videos or fonts (collectively referred to as "content").
Dies setzt immer voraus, dass die Drittanbieter dieser Inhalte, die IP-Adresse der Nutzer wahrnehmen, da sie ohne die IP-Adresse die Inhalte nicht an deren Browser senden könnten. Die IP-Adresse ist damit für die Darstellung dieser Inhalte erforderlich. Wir bemühen uns nur solche Inhalte zu verwenden, deren jeweilige Anbieter die IP-Adresse lediglich zur Auslieferung der Inhalte verwenden. Drittanbieter können ferner so genannte Pixel-Tags (unsichtbare Grafiken, auch als “Web Beacons” bezeichnet) für statistische oder Marketingzwecke verwenden. Durch die “Pixel-Tags” können Informationen, wie der Besucherverkehr auf den Seiten dieser Website ausgewertet werden. Die pseudonymen Informationen können ferner in Cookies auf dem Gerät der Nutzer gespeichert werden und unter anderem technische Informationen zum Browser und Betriebssystem, verweisende Webseiten, Besuchszeit sowie weitere Angaben zur Nutzung unseres Onlineangebotes enthalten, als auch mit solchen Informationen aus anderen Quellen verbunden werden.