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Privacy & Legal notice

Data protection declaration of Marc Steiger AG (www.souvenir-swiss.ch)

This data protection declaration of Marc Steiger AG (hereinafter MSAG, we or us) is based on the requirements of the EU General Data Protection Regulation (“GDPR”, since 25 May 2018), the Swiss Data Protection Act (“DSG”) and the revised Swiss Data Protection Act (“revDSG”, since 1st September 2023). However, whether and to what extent these laws are applicable depends on the individual case.

Company

Souvenir Swiss
Marc Steiger AG
c/o Business Parc, Christoph Merian Ring 11
CH-4153 Reinach BL
Switzerland
E-mail: souvenir@marcsteiger.ch
Person authorized to represent: Urban Fäh

Data protection officer

Urban Fäh, +41 79 512 83 88, urban.faeh@marcsteiger.ch

General / Introduction

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. Without your consent, the data will not be passed on to third parties.

Processing of personal data

Personal data is any 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, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and insofar as the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR:

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
  • lit. c) Processing of personal data for the fulfillment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.
  • lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
  • lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. 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 duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Cookies

This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user's terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not wish this to happen, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site www.aboutads.info/choices or the EU site www.youronlinechoices.com. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.

SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Server Log-Files

The provider of this website is the company Dataforce, CH-3076 Worb (www.dataforce.ch), which means the website is hosted there. The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and Browser version
  • Operating system used
  • referrer URL
  • Host name of the accessing computer
  • Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.

Third party services

This website may use services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website. Google has undertaken to ensure adequate data protection in accordance with the US-European and the US-Swiss Privacy Shield. Further information can be found in Google's privacy policy. The Google services used are listed below.

Contact form

If you send us inquiries via the contact form, your data from the inquiry form including the contact data you provided there will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

Newsletter

This website does not offer a newsletter.

Data Subject Rights

Right to confirmation
Every data subject has the right to request confirmation from the website operator as to whether personal data concerning him or her are being processed. If you wish to exercise this right of confirmation, you may, at any time, contact the Data Protection Officer.

Right of access
Every person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided about the following, if applicable:

  • the purposes of processing
  • the categories of personal data processed
  • the recipients to whom the personal data have been or will be disclosed
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: Any available information about the origin of the data.

Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If you would like to make use of this right to information, you can contact our data protection officer at any time.

Right to rectification
Every person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration.

If you wish to exercise this right of rectification, you may contact our data protection officer at any time.

Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right to obtain from the controller of this website the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:

  • The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
  • The data subject revokes the consent on which the processing was based and there is no other legal basis for the processing
  • The data subject objects to the processing on grounds relating 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 have been processed unlawfully
  • The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject
  • The personal data has been collected in relation to information society services provided directly to a child

If one of the above reasons applies and you wish to arrange for the deletion of personal data stored by theoperator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the erasure request to be complied with immediately.

Right to restriction of processing
Any person concerned by the processing of personal data has the right to obtain from the controller of this website the restriction of processing if one of the following conditions is met:

  • 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 objects to the erasure of the personal data and requests instead 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 it for the assertion, exercise or defense of legal claims
  • The data subject has objected to the processing on grounds relating to his or her particular situation, and it is not yet clear whether the legitimate interests of the controller override those of the data subject

If one of the aforementioned conditions is met, you can request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing.

Right to data portability
Every person affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, common and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met.

Furthermore, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.

To assert the right to data portability, you may at any time contact the data protection officer appointed by the operator of this website.

Right of objection
Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her.

The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the purpose of asserting, exercising or defending legal claims.

To exercise the right to object, you may directly contact the Data Protection Officer of this website.

Right to revoke consent granted under data protection law
Every person affected by the processing of personal data has the right to revoke a given consent to the processing of personal data at any time.

If you wish to exercise your right to revoke consent, you may contact our data protection officer at any time.

Exercising such rights usually requires that you provide clear proof of your identity (e.g. by providing a copy of your ID, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact our data protection officer.

Every data subject also has the right to enforce their claims in court or to file a complaint with the responsible data protection authority. The responsible data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html).

Contradiction email marketing

The use of contact data published within the framework of the imprint obligation to send advertising and information materials not expressly requested is hereby prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Chargeable services

For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.

Copyrights

The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named copyright holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages.

Disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors can not be completely excluded, so we can not guarantee the completeness, accuracy and timeliness of information, including journalistic-editorial nature. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

MSAG may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor's own risk. MSAG, its clients or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages, allegedly caused by the visit of this website and consequently assume no liability for such damages.

MSAG also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. MSAG thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may offend common decency. When the link was made, no legal violations were recognizable to us. Should we know a law violation, the respective link will be removed immediately by us.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, then the Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".

The legal basis for the use of Google Analytics is Art. 6 para. 1 lit. f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" to ensure anonymized collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: Disable Google Analytics.

In addition, you can also prevent the use of Google Analytics by clicking on this link: Disable Google Analytics. This will save a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your terminal device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

Google TagManager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus, for example, integrate Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, please refer to the following information on Google services. Usage guidelines: www.google.com/analytics/tag-manager/use-policy/.

Facebook

This website has a link to our site on Facebook www.facebook.com/souvenirswiss, but has no Facebook plug-ins with connection to the Facebook server. Privacy policy: facebook.com/privacy/policy/.

Instagram

This website has a link to our site on Instagram www.instagram.com/souvenirswiss, but has no Instagram button with connection to the Instagram server. Privacy policy: instagram.com/about/legal/privacy/

External service providers

Our networked partners in the service of our customers: www.marcsteiger.ch/en/static/team/. The data protection declaration of the respective service providers applies:

External payment service provider

This website uses external payment service providers, through whose platform users and we can carry out payment transactions:

In the context of the performance of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b EU GDPR. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to the Swiss Data Protection Ordinance as well as and to the extent necessary pursuant to Art. 6 para. 1 lit. f 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 the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, among others, as well as the contract, totals and recipient-related information. The information is required in order to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with them. We as the operator do not receive any information about (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data is transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the terms and conditions and data protection information of the payment service providers.

For the payment transactions, the terms and conditions and the privacy policy of the respective payment service providers apply, which can be accessed within the respective website or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other data subject rights.

YouTube

Functions of the “YouTube” service may be integrated into this website. "YouTube" is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, 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 found at the following link: www.youtube.com/static?gl=en&template=terms&hl=en. These Terms constitute a legally binding agreement between you and "YouTube" regarding your use of the Services. Google's Privacy Policy explains how "YouTube" treats and protects your personal information when you use the Service.

Onlineshop

We process the data of our customers in accordance with the data protection provisions of the Federal (Data Protection Act, DSG) and the EU GDPR, in the context of the ordering processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes master data (inventory data), communication data, contract data, payment data and 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 in the context of operating an online store, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the shopping cart content, and permanent cookies, e.g. for storing the login status.

The processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) GDPR. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment or in the context of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the request of the customer for delivery or payment).

Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, the required mandatory information will be provided to users. User accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons entspr. Art. 6 para. 1 lit. c GDPR. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.

Within the scope of registration and renewed registrations as well as the 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 those of users in protection against abuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c GDPR.

The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry.

The user can voluntarily rate the web shop using Trustpilot: de.legal.trustpilot.com/for-reviewers/end-user-privacy-terms.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with the data protection provisions of the German Federal Data Protection Act (Datenschutzgesetz, DSG) and the EU GDPR pursuant to Art. 6 para. 1 lit. b GDPR, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless these are components of a commissioned or contractual processing.

We process data that are required for the justification and fulfillment of contractual services and point out the necessity of their disclosure, unless this is evident to the contractual partners. Disclosure to external persons or companies is made only if it is necessary in the context of a contract. When processing data provided to us in the context of an order, we act in accordance with the instructions of the client as well as the legal requirements.

In the context of the use of our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims pursuant to Art. 6 para. 1 lit. f GDPR or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.

The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations shall apply.

Administration, Financial accounting, etc.

We process data in accordance with the data protection regulations of the Federal Republic of Germany (Data Protection Act, DSG) and the EU GDPR in the context of administrative tasks as well as organization of our operations, 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 providing our contractual services. The processing bases are Art. 6 para. 1 lit. c GDPR, Art. 6 para. 1 lit. f GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.

In this context, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information on suppliers, event organizers and other business partners, e.g. for the purpose of contacting them at a later date. This data, most of which is company-related, is generally stored permanently.

Data transfer to the USA

Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Version from September 29, 2023

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