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Data Protection / Privacy

With this privacy policy we inform you which personal data we process how, where and for what purpose, especially in connection with our www.mustikka.ch-Website and our other offers. With this data protection declaration, we also provide information about the rights of persons whose data we process.

For individual or additional offers and services, special, supplementary or further data protection declarations as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use or Conditions of Participation may apply.

Our offer is subject to Swiss data protection law and any applicable foreign data protection law, in particular that of the European Union (EU) with the Basic Data Protection Regulation (DSGVO). The European Commission acknowledges that Swiss data protection law guarantees adequate data protection.

 

  1. Contact addresses

Responsibility for the processing of personal data:

mustikka.ch Reeta Nagel

Hagenholzstrasse 102,

8050 Zurich

[email protected]  

We would like to point out if in individual cases there are other persons responsible for the processing of personal data.

 

  1. Processing of personal data

2.1 Terms and definitions

Personal data is all information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed.

Processing includes any handling of personal data, irrespective of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The Data Protection Basic Regulation (DSGVO) describes the processing of personal data as the processing of personal data.

2.2 Legal basis

We process personal data in accordance with Swiss data protection law, in particular the Federal Law on Data Protection (DSG) and the Ordinance to the Federal Law on Data Protection (VDSG).

We process - if and insofar as the Basic Data Protection Regulation (DSGVO) is applicable - personal data in accordance with at least one of the following legal bases:

  • 6 para. 1 lit. b DSGVO for the processing of personal data necessary for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • 6 para. 1 lit. f DSGVO for the processing of personal data necessary to safeguard the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject outweigh these. Legitimate interests are in particular our interest in being able to provide our services permanently, user-friendly, secure and reliable and to advertise them as required, information security and protection against misuse and unauthorised use, the enforcement of our own legal claims and compliance with Swiss law.
  • 6 para. 1 lit. c DSGVO for the necessary processing of personal data in order to fulfil a legal obligation to which we are subject in accordance with any applicable law of member states of the European Economic Area (EEA).
  • 6 para. 1 lit. e DSGVO for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
  • 6 para. 1 letter d FADP for the processing of personal data necessary to protect vital interests of the data subject or another natural person.

2.3 Nature, scope and purpose

We process those personal data that are necessary to provide our services in a permanent, user-friendly, secure and reliable manner. Such personal data can fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales, contract and payment data.

We process personal data for as long as is necessary for the respective purpose or purposes or as required by law. Personal data whose processing is no longer required will be made anonymous or deleted. Persons whose data we process have a fundamental right to deletion.

As a matter of principle, we process personal data only with the consent of the data subject, unless processing is permitted for other legal reasons, for example to fulfil a contract with the data subject and for appropriate pre-contractual measures to safeguard our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject voluntarily and personally provides to us when contacting us - for example by letter post, e-mail, contact form, social media or telephone - or when registering for a user account. We may store such information in an address book, in a customer relationship management system (CRM system) or with comparable tools. If you transmit personal data about third parties to us, you are obliged to guarantee data protection against such third parties and to ensure the accuracy of such personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect when providing our services, if and to the extent that such processing is permitted by law.

2.4 Processing of personal data by third parties, also abroad

We may have personal data processed by commissioned third parties or process it together with third parties or with the help of third parties or transfer it to third parties. Such third parties are in particular providers whose services we make use of. We also guarantee appropriate data protection for such third parties.

Such third parties are generally located in Switzerland and the European Economic Area (EEA). However, such third parties may also be located in other states and territories on earth and elsewhere in the universe, provided that their data protection law guarantees adequate data protection in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) and - if and insofar as the Basic Data Protection Regulation (DSGVO) is applicable - in the opinion of the European Commission, or if adequate data protection is guaranteed for other reasons, such as by a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or by appropriate certification. In the case of third parties in the United States of America (USA), certification in accordance with the Privacy Shield can guarantee adequate data protection. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the legal data protection requirements are met, such as the express consent of the data subject.

 

  1. Rights of data subjects

Data subjects whose personal data we process have the rights under Swiss data protection law. This includes the right to information and the right to correct, delete or block the processed personal data.

Data subjects whose personal data we process may - if and to the extent that the Data Protection Basic Regulation (DSGVO) is applicable - obtain free confirmation as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data transferability and have their personal data corrected, deleted ("right to forget"), blocked or completed.

Data subjects whose personal data we process may - if and to the extent that the DSGVO is applicable - revoke any consent given at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

 

  1. Data security

We take appropriate and suitable technical and organizational measures to ensure data protection and in particular data security. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We can therefore not guarantee absolute data security.

Access to our online offer is carried out using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.

Access to our online offer is subject - as is basically the case with all Internet use - to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the European Union (EU), the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities.

 

  1. Use of the website

5.1 Cookies

We may use cookies for our website. Cookies - both our own cookies (first party cookies) and cookies from third parties whose services we use (third party cookies) - are textual data that are stored in your browser. Cookies cannot execute programs or transmit malware such as Trojans and viruses.

When you visit our website, cookies can be stored temporarily in your browser as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when you close your browser. Permanent cookies make it possible, in particular, to recognise your browser the next time you visit our website and thus to measure the range of our website, for example. Permanent cookies can also be used for online marketing, for example.

You can deactivate or delete cookies in your browser settings at any time, either in whole or in part. Without cookies, our website may no longer be fully available. We actively ask you - if and to the extent necessary - for your express consent to the use of cookies.

In the case of cookies used for measuring success and reach or for advertising, a general opt-out is possible for many services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

5.2 Server log files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-sites of our website called up including transferred data volume, last website called up in the same browser window (referrer or referrer).

We store such information, which may also represent personal data, in server log files. This information is required to provide our online services in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

5.3 Counting pixels

We may use tracking pixels on our website. Web beacons are also known as tracking pixels. Web beacons - also from third parties whose services we use - are small, usually invisible images that are automatically called up when you visit our website. Counting pixels can be used to record the same information as in server log files.

 

  1. Notifications and communications

We send notifications and communications, such as newsletters, by e-mail and through other communication channels such as instant messaging.

6.1 Measurement of success and reach

Notifications and messages can contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked. Such web links and tracking pixels can also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for measuring success and reach in order to be able to offer notifications and messages based on the needs and reading habits of the recipients in an effective and user-friendly manner as well as permanently, securely and reliably.

6.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent to receive e-mails, we use the "double opt-in" procedure whenever possible, i.e. you will receive an e-mail with a web link that you must click on to confirm your consent so that no misuse by unauthorized third parties can occur. We may log such consents including Internet Protocol (IP) address and date and time for evidence and security purposes.

You can basically unsubscribe from notifications and communications such as newsletters at any time. We reserve the right to make notifications and communications that are absolutely necessary for our services. By unsubscribing, you can in particular object to the statistical recording of usage for the measurement of success and reach.

6.3 Service provider for notifications and messages

We send notifications and messages about services provided by third parties or with the help of service providers. Cookies may also be used in this process. We also guarantee appropriate data protection for such services.

 

  1. Social media

We are present on social media platforms and other online platforms in order to communicate with interested people and to inform them about our offer. Personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Conditions of Use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions provide information in particular about the rights of data subjects, which includes in particular the right to information.

For our social media presence on Facebook, we are, if and insofar as the DSGVO is applicable, jointly responsible with Facebook for the so-called page insights. The page insights provide information on how visitors interact with our Facebook presence. We use Page-Insights to provide our social media presence on Facebook in an effective and user-friendly manner. Facebook has published information about Page Insights data and a supplement regarding the responsibility for Page Insights.

 

  1. Services of third parties

We use third party services to provide our services in a durable, user-friendly, secure and reliable manner. Such services also serve to embed content into our website. Such services - for example, hosting and storage services, video services and payment services - require your Internet Protocol (IP) address, otherwise such services will not be able to transmit the relevant content. Such services may be located outside Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.

For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer and from other sources - including cookies, log files and counting pixels - in aggregated, anonymised or pseudonymised form.

8.1 Payments

We use payment service providers to process our customers' payments securely and reliably. We only use payment service providers that guarantee adequate data protection. The terms and conditions of the respective payment service providers, such as General Terms and Conditions of Business (GTC) or data protection declarations, apply in each case.

8.1.1 We use PayPal in particular for the processing of payments. PayPal is a service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. in Luxembourg and PayPal Pte. Ltd. in Singapore. Information on the type, scope and purpose of data processing can be found in PayPal's privacy policy.

8.1.2 We use Stripe in particular for the processing of payments. Stripe is a service of the American Stripe Inc. For users in the European Economic Area (EEA) and Switzerland, Stripe Payments Europe Ltd. in Ireland is responsible. Details of the type, scope and purpose of data processing can be found in the data protection principles of Stripe.

8.1.3 We use SumUp in particular for the processing of payments. SumUp is a service of the British company SumUp Payments Limited. In Switzerland SumUp is offered in cooperation with the bank UBS. Information on the type, scope and purpose of data processing can be found on the "Data protection" page and in the data protection regulations of SumUp.

8.2 Measuring success and reach

Google Analytics

We use Google Analytics to analyse how our website is used, and we may also measure the reach of our website and the success of links from third parties to our website. This is a service of the American Google LLC. The Irish Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland.

Google also attempts to track individual visitors to our website when they use different browsers or devices (cross-device tracking). Cookies are also used for this purpose. For Google Analytics your Internet Protocol (IP) address is required, but this is not combined with other data from Google.

In any case, we will have your Internet Protocol (IP) address anonymised by Google before the analysis. As a result, your complete IP address will basically not be transmitted to Google in the USA.

Further information about the type, scope and purpose of data processing can be found in the principles for data protection and security and in the privacy policy of Google, in the guide to data protection in Google products (including Google Analytics), in the information how Google uses data from websites on which Google services are used and in the information about cookies at Google. In addition, there is the option of using the "Browser Add-on to deactivate Google Analytics" and to object to personalised advertising.

8.3 Advertising

8.3.1 Facebook Ads

We use Facebook Ads to advertise our offer on Facebook. Facebook Ads is an offer of Facebook Ireland Ltd. in Ireland and the American Facebook Inc. Facebook Ads also uses cookies.

We would like to use such advertising to reach in particular people who are interested in our online offer or already use our online offer. For this purpose, in particular with so-called Facebook-pixels, we transmit corresponding - possibly also personal - information to Facebook (custom audiences including lookalike audiences), in particular using the so-called Facebook pixel. We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).

Further information on the type, scope and purpose of data processing can be found in the Facebook data policy. In addition, Facebook users can use their advertising preferences to influence which ads they see on Facebook and which ads they see on Facebook in the future.

8.3.2 Google Ads

We use Google Ads (formerly known as AdWords) to advertise our services on the Google search engine and elsewhere on the Internet, for example on other websites, based on search queries. Google Ads is an offer of the American Google LLC. The Irish Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland. Google Ads also uses cookies. Google uses various domain names - in particular doubleclick.net, googleadservices.com and googlesyndication.com - for Google Ads.

We would like to reach with such advertisements in particular persons who are interested in our online offer or already use our online offer. For this purpose, we transmit corresponding - possibly also personal - data to Google (remarketing). We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).

Further information on the type, scope and purpose of data processing can be found in the principles for data protection and security and in the privacy policy of Google, in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, there is the possibility to object to personalised advertising.

 

  1. Final provisions

We can adapt and supplement this data protection declaration at any time. We will provide information about such adaptations and additions in a suitable form, in particular by publishing the respective current data protection declaration on our website.

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