Data protection
The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
CultSticker
Jannik Rupp
Neudorfstrasse 52a
7430 Thusis
Phone: 0793239769
Email: kultstickers@gmail.com
Website: http://www.kultsticker.ch/
GENERAL NOTICE
Based on Article 13 of the Swiss Federal Constitution and the federal data protection regulations (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these websites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
In cooperation with our hosting providers, we strive to protect the databases as best as possible from unauthorized access, loss, misuse, or falsification.
We would like to point out that data transmission over the Internet (e.g., when communicating via email) may be subject to security gaps. Complete protection of data from access by third parties is not possible.
By using this website, you consent to the collection, processing, and use of data as described below. This website can generally be visited without registration. Data such as pages accessed, file names accessed, and the date and time are stored on the server for statistical purposes without being directly related to you. Personal data, in particular name, address, or email address, is collected on a voluntary basis wherever possible. Data will not be passed on to third parties without your consent.
PROCESSING OF PERSONAL DATA
Personal data is all information relating to an identified or identifiable individual. A data subject is a person whose personal data is processed. Processing encompasses any handling of personal data, regardless of the means and procedures used, including, but not limited to, the storage, disclosure, acquisition, deletion, storage, alteration, destruction, and use of personal data.
We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and to the extent that the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 (1) GDPR:
- lit. a) Processing of personal data with the consent of the data subject.
- lit. b) Processing of personal data to fulfil a contract with the data subject and to carry out corresponding pre-contractual measures.
- lit. c) Processing of personal data to fulfill a legal obligation to which we are subject under applicable EU law or under applicable law of a country in which the GDPR is fully or partially applicable.
- lit. d) Processing of personal data to protect the vital interests of the data subject or of another natural person.
- (f) Processing of personal data to protect our legitimate interests or those of third parties, unless the fundamental freedoms and rights and interests of the data subject override these interests. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law.
We process personal data for the period necessary for the respective purpose(s). If longer retention periods are required due to legal or other obligations to which we are subject, we restrict processing accordingly.
PRIVACY POLICY FOR CONTACT FORM
If you send us inquiries via the contact form, your information from the form, including the contact details you provided there, will be stored by us for the purpose of processing your inquiry and in case of follow-up questions. We will not share this data without your consent.
PRIVACY POLICY FOR NEWSLETTER DATA
If you would like to receive the newsletter offered on this website, we require an email address from you as well as information that allows us to verify that you are the owner of the provided email address and that you agree to receive the newsletter. No further data is collected. We use this data exclusively to send the requested information and do not share it with third parties.
You can revoke your consent to the storage of your data, your email address and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter.
RIGHTS OF DATA SUBJECTS
Right to confirmation
Every data subject has the right to request confirmation from the website operator as to whether personal data concerning them is being processed. If you wish to exercise this right of confirmation, you can contact the data protection officer at any time.
Right to information
Any person whose personal data is being processed has the right to obtain from the operator of this website, free of charge, information about the personal data stored about him or her at any time, and a copy of this information. Furthermore, the following information may be provided, if applicable:
- the processing purposes
- the categories of personal data being processed
- the recipients to whom the personal data have been or will be disclosed
- where possible, the envisaged period for which the personal data will be stored, or, where not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
- the existence of a right of complaint to a supervisory authority
- if the personal data are not collected from the data subject: all available information about the origin of the data
Furthermore, the data subject has the right to information as to whether personal data has been transferred to a third country or to an international organization. If so, the data subject also has the right to receive information about the appropriate safeguards in connection with the transfer.
If you would like to exercise this right to information, you can contact our data protection officer at any time.
Right to rectification
Any person affected by the processing of personal data has the right to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement, taking into account the purposes of the processing.
If you wish to exercise this right to rectification, you can contact our data protection officer at any time.
Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to request the controller of this website to delete the personal data concerning him or her immediately, provided that one of the following reasons applies and the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary
- The data subject withdraws his or her consent on which the processing is based and there is no other legal ground for the processing
- The data subject objects to the processing for reasons related to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling
- The personal data were processed unlawfully
- The erasure of personal data is necessary to fulfil a legal obligation under Union or Member State law to which the controller is subject
- The personal data were collected in relation to information society services offered directly to a child
If one of the above reasons applies and you wish to request the deletion of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will ensure that the deletion request is complied with immediately.
Right to restriction of processing
Any person affected by the processing of personal data has the right to request the controller of this website to restrict processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
- The processing is unlawful, the data subject opposes the erasure of the personal data and instead requests the restriction of the use of the personal data
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims
- The data subject has objected to processing for reasons related to his or her particular situation and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject
If one of the above-mentioned conditions is met and you wish to request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.
Right to data portability
Any person affected by the processing of personal data has the right to receive the personal data concerning them in a structured, commonly used, and machine-readable format. They also have the right to have these data transmitted to another controller if the legal requirements are met.
Furthermore, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert your right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.
Right to object
Any person affected by the processing of personal data has the right to object at any time to the processing of personal data concerning him or her for reasons related to his or her particular situation.
In the event of an objection, the operator of this website will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or if the processing serves to assert, exercise or defend legal claims.
To exercise your right to object, you can contact the data protection officer of this website directly.
Right to revoke data protection consent
Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If you wish to exercise your right to withdraw your consent, you can contact our data protection officer at any time.
PAID SERVICES
To provide paid services, we request additional data, such as payment details, in order to process your order. We store this data in our systems until the statutory retention periods have expired.
USE OF GOOGLE RECAPTCHA
This website uses the reCAPTCHA service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). The query is used to distinguish whether the input was made by a human or by automated, machine processing. The query includes sending the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and used there. However, your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCAPTCHA will not be merged with other Google data. Your data may also be transmitted to the USA. For data transfers to the USA, the European Commission has implemented an adequacy decision, the "Privacy Shield." Google participates in the "Privacy Shield" framework and has submitted to its requirements. By clicking on this link, you consent to the processing of your data. Processing is carried out on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation.
Further information about Google reCAPTCHA and the associated privacy policy can be found at: https://policies.google.com/privacy?hl=de
PRIVACY POLICY FOR GOOGLE ANALYTICS
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google."
Using the statistics collected, we can improve our offerings and make them more interesting for you as a user. This website also uses Google Analytics for cross-device analysis of visitor traffic, which is carried out using a user ID. If you have a Google user account, you can deactivate cross-device analysis of your usage in the settings under "My Data," "Personal Data."
The legal basis for the use of Google Analytics is Art. 6 (1) (f) GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website, Google Analytics has been extended with the code "_anonymizeIp();" to ensure anonymous collection of IP addresses. This means that IP addresses are shortened and further processed, thus preventing them from being personally identifiable. If the data collected about you is personally identifiable, this will be immediately excluded and the personal data will be deleted immediately.
Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide the website operator with other services related to website activity and internet usage. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield. https://www.privacyshield.gov/EU-US-Framework .
Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. You can prevent cookies from being saved by setting your browser software accordingly; however, we point out that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link: Deactivate Google Analytics .
You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics . This will store an opt-out cookie on your computer, which prevents Google Analytics from processing personal data. Please note that if you delete all cookies on your device, these opt-out cookies will also be deleted. This means that you must set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set for each browser and computer/device and must therefore be activated separately for each browser, computer, or other device.
PRIVACY POLICY FOR GOOGLE ADS
This website uses the online marketing tool Google Ads from Google ("Google Ads"). Google Ads uses cookies to display ads relevant to users, improve campaign performance reports, and prevent users from seeing the same ads multiple times. Google uses a cookie ID to record which ads are displayed in which browser and can thus prevent them from being displayed multiple times. Google Ads can also use cookie IDs to record so-called conversions related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later visits the advertiser's website using the same browser and makes a purchase there. According to Google, Google Ads cookies do not contain any personal information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. By integrating Google Ads, Google receives the information that you have accessed the corresponding part of our website or clicked on one of our ads. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or are not logged in, there is a possibility that Google will obtain and store your IP address.
You can prevent participation in this tracking process in several ways:
- by setting your browser software accordingly, in particular by suppressing third-party cookies, you will not receive any third-party advertisements;
- by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain «www.googleadservices.com», https://adssettings.google.com , although this setting will be deleted if you delete your cookies;
- by deactivating interest-based ads from providers who are part of the self-regulation campaign “About Ads” via the link https://www.aboutads.info/choices , although this setting will be deleted if you delete your cookies;
- by permanently deactivating them in your browsers Firefox, Internet Explorer or Google Chrome under the link https://www.google.com/settings/ads/plugin . Please note that in this case, you may not be able to fully use all functions of this website.
The legal basis for processing your data is a balancing of interests, according to which the processing of your personal data as described above does not conflict with any overriding interests on your part (Art. 6 (1) (f) GDPR). Further information about Google Ads from Google can be found at https://ads.google.com/intl/de_DE/home/ , as well as general information on data protection at Google: https://www.google.de/intl/de/policies/privacy . Alternatively, you can visit the Network Advertising Initiative (NAI) website at https://www.networkadvertising.org visit.
PRIVACY POLICY FOR FACEBOOK
This website uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. This transfers data to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our page. Interactions, in particular the use of a comment function or clicking a "Like" or "Share" button, are also transferred to Facebook. You can find out more at https://de-de.facebook.com/about/privacy .
PRIVACY POLICY FOR INSTAGRAM
Our website incorporates functions of the Instagram service. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how Instagram uses it.
For more information, please see Instagram’s privacy policy: http://instagram.com/about/legal/privacy/
EXTERNAL PAYMENT SERVICE PROVIDERS
This website uses external payment service providers through whose platforms users and we can carry out payment transactions. For example,
- PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
- Visa (https://www.visa.de/USE Conditions/visa-privacy-center.html)
- Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
- American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
- Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
- Bexio AG (https://www.bexio.com/de-CH/datenschutz)
- Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
- Apple Pay (https://support.apple.com/de-ch/ht203027)
- Stripe (https://stripe.com/ch/privacy)
- Klarna (https://www.klarna.com/de/datenschutz/)
- Skrill (https://www.skrill.com/de/fusszeile/datenpolitik/)
- Giropay (https://www.giropay.de/rechts/datenschutz-agb/) etc.
To fulfill contracts, we use payment service providers based on the Swiss Data Protection Ordinance and, where necessary, Art. 6 (1) (b) of the EU GDPR. Furthermore, we use external payment service providers based on our legitimate interests in accordance with the Swiss Data Protection Ordinance and, where necessary, Art. 6 (1) (f) of the EU GDPR in order to offer our users effective and secure payment options.
The data processed by the payment service providers includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, amount and recipient-related information. This information is required to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. We as the operator do not receive any information about the (bank) account or credit card, but only information for the confirmation (acceptance) or rejection of the payment. Under certain circumstances, the payment service providers will transmit the data to credit agencies. This transmission is for the purpose of identity and credit checks. For more information, please refer to the terms and conditions and privacy policy of the payment service providers.
Payment transactions are subject to the terms and conditions and privacy policy of the respective payment service providers, which can be accessed within the respective website or transaction applications. We also refer to these for further information and to assert your rights of withdrawal, information, and other data subjects.
USING ADOBE FONTS
We use Adobe Fonts for the visual design of our website. Adobe Fonts is a service provided by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe), which grants us access to a font library. To integrate the fonts we use, your browser must establish a connection to an Adobe server in the USA and download the font required for our website. This informs Adobe that our website was accessed from your IP address. For more information about Adobe Fonts, please see Adobe's privacy policy, which you can access here: Adobe Fonts
PRIVACY POLICY FOR YOUTUBE
This website incorporates features of the "YouTube" service. "YouTube" is owned by Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.
Your legal agreement with YouTube consists of the terms and conditions available at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de . These Terms constitute a legally binding agreement between you and YouTube regarding your use of the Services. The Google Privacy Policy explains how YouTube handles your personal information and protects your data when you use the Service.
ORDER PROCESSING IN THE ONLINE SHOP WITH CUSTOMER ACCOUNT
We process our customers' data in accordance with the federal data protection regulations (Data Protection Act, DSG) and the EU GDPR, as part of the ordering process in our online shop, in order to enable them to select and order the selected products and services, as well as to pay for and deliver them, or to process them.
The data processed includes master data (inventory data), communication data, contract data, and payment data. The persons affected by the processing include our customers, prospective customers, and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery, and customer services. We use session cookies, e.g., for storing shopping cart contents, and permanent cookies, e.g., for storing the login status.
Processing is based on Art. 6 (1) (b) (execution of order processes) and (c) (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose this data to third parties in the context of delivery, payment, or within the scope of legal permissions and obligations. Data will only be processed in third countries if this is necessary for the fulfillment of the contract (e.g., at the customer's request during delivery or payment).
Users can optionally create a user account, where they can, in particular, view their orders. During registration, the required mandatory information is communicated to users. User accounts are not public and cannot be indexed by search engines, such as Google. If users cancel their user account, their data will be deleted, unless retention is necessary for commercial or tax law reasons in accordance with Art. 6 (1) (c) GDPR. Information in the customer account remains until it is deleted and subsequently archived in the event of a legal obligation. It is the user's responsibility to back up their data before the end of the contract if the contract is terminated.
When registering, re-registering, or using our online services, we store the IP address and the time of each user action. This storage is based on our legitimate interests, as well as the user's interest in protecting against misuse and other unauthorized use. This data is generally not shared with third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.
Deletion occurs after the expiration of statutory warranty and similar obligations; the necessity of retaining the data is reviewed at irregular intervals. In the case of statutory archiving obligations, deletion occurs after these expiration.
COPYRIGHTS
The copyright and all other rights to content, images, photos, or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of any files, written consent from the copyright holder must be obtained in advance.
Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and, in some cases, to pay damages.
GENERAL DISCLAIMER
All information on our website has been carefully reviewed. We strive to ensure that our information is up-to-date, accurate, and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, and we therefore cannot guarantee the completeness, accuracy, or timeliness of information, including journalistic and editorial content. Liability claims for material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of intentional or grossly negligent fault.
The publisher may modify or delete texts at its sole discretion and without notice and is not obligated to update the content of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients, or partners are not responsible for any damages, including direct, indirect, incidental, foreseeable, or consequential damages, allegedly arising from visiting this website, and therefore assume no liability for such damages.
The publisher also assumes no responsibility or liability for the content and availability of third-party websites accessible via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher therefore expressly distances itself from all third-party content that may be relevant to criminal or liability law, or that violates common decency.
CHANGES
We may amend this Privacy Policy at any time without prior notice. The most current version published on our website applies. If this Privacy Policy is part of an agreement with you, we will notify you of any changes by email or other appropriate means.
QUESTIONS FOR THE DATA PROTECTION OFFICER
If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.
Thusis, August 2, 2020
Source: SwissAnwalt