1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is WIN-WIN AG, Scheideggstrasse 10a, 6038 Gisikon, Schweiz, Tel.: +41 848 000 456, E-Mail: email@example.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
6) Commentary Function
Within the scope of the commentary function on this website, in addition to your comment, information on the time of writing the comment and the name of the commentator you have chosen are stored and published on the website. Furthermore, your IP address is logged and stored. This IP address is stored for security reasons, in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. We need your e-mail address to contact you if a third party should object to your published content as unlawful. The legal basis for the storage of your data is Art. 6 (1) point b and f GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.
7) Use of Your Data for Direct Advertising
7.1 If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of the newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.
7.2 If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers for products similar to those already purchased from our range by e-mail. Pursuant to Section 7 (3) German law against unfair competition, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising pursuant to Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the controller named at the beginning. In this regard, you only have to pay the transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
7.3 Our e-mail newsletters are sent via the technical service provider, The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), to whom we pass on the data you provided when registering for the newsletter. This disclosure is made in accordance with Art. 6 (1) point f GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send and statistically evaluate the newsletter on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links have been clicked on. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data are raised exclusively in a pseudonymized format and are not linked with other personal data from you. A direct personal relationship is excluded. This data is used exclusively for statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, MailChimp can use this data according to Art. 6 (1) point f GDPR even on the basis of its own legitimate interest in the demand-oriented design and optimization of the service as well as for market research purposes, for example to determine from which countries recipients come. However, MailChimp does not use the data of our newsletter recipients to address those recipients or pass that data on to third parties.
To protect your data in the USA, we have concluded a data processing agreement (“Data-Processing-Agreement”) with MailChimp on the basis of the standard contractual clauses of the European Commission to enable the transmission of your personal data to MailChimp. If interested, this data processing agreement can be viewed at the following Internet link: http://mailchimp.com/legal/forms/data-processing-agreement/.
MailChimp is also certified under the US-European data protection agreement “Privacy Shield” and thus undertakes to comply with EU data protection regulations.
The data protection regulations of MailChimp can be viewed at: https://mailchimp.com/legal/privacy/
8) Processing of Data for the Purpose of Order Handling
8.1 To process your order, we work together with the following service provider(s), which support us wholly or partially in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.
- HK-Versand, Steinkirchen 12 1/2, 85617 Aßling, Germany
The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
8.2 We work with external shipping partners to fulfil our contractual obligations to our customers. We pass on your name as well as your delivery address exclusively for the purpose of delivering goods to a shipping partner selected by us, pursuant to Art. 6 (1) point b GDPR.
9) Use of Videos
9.1) Use of Vimeo Videos
Our website includes plugins from Vimeo Video Portal operated by Vimeo, LLC, 555 West 18th Street, NY, New York 10011, USA. When you visit a page of our website that contains such a plugin, your browser connects directly to the servers of Vimeo. The content of the plugin is transmitted by Vimeo directly to your browser and integrated into the page. Through this integration, Vimeo receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Vimeo account or are currently not logged in to Vimeo. This information (including your IP address) is transmitted from your browser directly to a Vimeo server in the USA and stored there.
If you are logged in to Vimeo, Vimeo can immediately allocate your visit to our website to your Vimeo account. If you interact with the plugins (such as pressing the start button of a video), this information is also transmitted directly to a Vimeo server and stored there.
The data processing operations described are carried out in accordance with Art. 6 (1) point f GDPR based on the legitimate interest of Vimeo in market research and the needs-based design of the service.
If you do not want Vimeo to directly associate the data collected through our website with your Vimeo account, you must log out of Vimeo before visiting our website.
For videos of Vimeo which are integrated on our side, the tracking tool Google Analytics is automatically integrated. This is a separate tracking of Vimeo, to which we have no access and which we can not influence. Google Analytics uses so-called “cookies” for tracking: these are text files that are stored on your computer and allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to and stored by Google on servers in the United States.
This processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO based on Vimeo’s legitimate interest in statistical analysis of user behavior for optimization and marketing purposes.
9.2) Use of Youtube Videos
This website uses the Youtube embedding function for display and playback of videos offered by the provider Youtube, which belongs to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets “YouTube” cookies in order to collect information about user behavior. According to indications from Youtube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.
Regardless of whether the embedded video is played back, a connection to the Google network “double click” is established when visiting this website. This may trigger further data processing beyond our control.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
Further information on YouTube data protection can be found in the provider’s data protection statement at: www.google.com/policies/privacy/
10) Tools and Miscellaneous
10.1) Google Web Fonts
This site uses web fonts provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Google’s servers. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
10.2) Adobe Typekit Web Fonts
This site uses web fonts provided by Adobe Systems Inc., 345 Park Avenue, San Jose, CA 95110, USA (im folgenden „Adobe“) to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Adobe’s servers. In this way, Adobe will be informed that our website has been accessed via your IP address. Adobe Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
Adobe Inc., based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
11) Rights of the Data Subject
11.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below :
- Right of access by the data subject pursuant to Art. 15 GDPR
- Right to rectification pursuant to Art. 16 GDPR
- Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
- Right to restriction of processing pursuant to Art. 18 GDPR
- Right to be informed pursuant to Art. 19 GDPR
- Right to data portability pursuant to Art. 20 GDPR
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
- Right to lodge a complaint pursuant to Art. 77 GDPR
11.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
12) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.