The Seller, undertakes to treat the personal data of its Customers in the best sense of the principles established by the Swiss Federal Law on Data Protection (LDP) and, where applicable, the European Union’s General Data Protection Regulation (GDPR).
Article 1 – Legal basis for the processing of personal information/data
The processing of personal data shall only take place in accordance with the relevant principles and, if necessary, on a legal basis, such as by law, contract, the Customer’s consent, or a public or legitimate interest on the part of the Seller.
Article 2 – Personal information/data
When the Customer creates a customer account on the Site, he must provide personal information. Personal data is defined as any information relating to an identified or identifiable individual. This information can thus be linked to a person and provide information about him/her.
The creation of a customer account on the Site requires at least the Customer’s first and last name and a valid e-mail address. Placing an order on the Site requires at least the entry of a postal and billing address, a telephone number, and a valid credit card number.
The Vendor processes the personal data collected at the time of creating a customer account and placing an order to process any order placed by the Customer through the Site (including to process payment information, to arrange for shipment of the order and to provide invoices and/or order confirmations to the Customer).
In addition, the Service Provider uses the Order Information to:
- communicate with the Customer
- assess fraud or potential fraud risks; and
- provide information or advertisements about our products or services, where this matches the preferences the Customer has communicated.
Payment for an order is made by credit card via the “Stripe” payment system. The processing of personal and payment data is in this case carried out directly by the provider of the payment system concerned. The Seller does not store the Customer’s payment data. The Seller is only informed of the status of the payment in order to be able to provide the service chosen by the Customer. In the event of loss or theft of data, Stripe’s data protection regulations shall apply.
Information on purchases made by the Customer and on current and past contracts with the Seller is stored for marketing and analysis purposes.
When the Customer registers on the Site, he may consent to his e-mail address being used for advertising purposes. The Seller then sends regular e-mail newsletters to raise the Customer’s attention to other or new products, offers, new services, etc. If the Customer does not wish to receive or no longer wishes to receive newsletters, he/she may unsubscribe at any time by clicking on the “Unsubscribe” link at the foot of each e-mail sent by the Seller, or send an e-mail to firstname.lastname@example.org in order to exercise his/her right to object (see article 8 below).
Article 3 – Non-personal information/data
When the Customer visits the Site, the Seller automatically collects certain information about his device by means of various technologies. This is the case with log files and cookies (articles 4 and 5 below).
This is non-personal information, i.e. data that cannot be associated with a person. In principle, no link is established between the non-personal data and the personal data of the Customer. The non-personal data is anonymous to the Seller.
The Seller uses the Information it collects from the Customer’s device (in particular the IP address) to assess potential fraud or risk of fraud and, more generally, to improve and optimise the Site (for example, by generating analyses of how customers browse and interact with the Site, and to assess the success of advertising and marketing campaigns).
Article 4 – Log files
When the Customer visits the Site, certain usage data from his Internet browser are transmitted to the Seller for technical reasons and are recorded in log files. This includes the following information: the IP address of his computer or mobile device, the time zone, the Internet service provider, the date and time of access to the Site, the URL from which the Customer accesses the Vendor’s digital offers, as well as the browser and operating system used.
These log files are evaluated anonymously, without any link to the persons concerned.
Article 5 – Cookies
There are different types of cookies, depending on their purpose:
- Operating cookies: they allow or facilitate communication by electronic means or provide online communication services at the express request of the Client. The Customer cannot oppose the use of these cookies (“strictly necessary cookies”).
- Social cookies: these make the Site more user-friendly and interactive, in particular by allowing the Customer to interact with social networks such as Instagram, Facebook and LinkedIn. The Customer’s consent is required for the use and placement of these cookies.
- Advertising cookies: they enable the relevance of the advertisements and content displayed on the Site and on third-party media to be improved. The aim is for the Seller to be able to send the Customer the most relevant advertisements and offers possible, adapted to his needs and likely to interest him. The Customer’s consent is required for the use and the deposit of these cookies.
- Audience measurement cookies: these make it possible to analyse the number of visitors and the use made of the Site, in order to better understand how the Site is used and to make the user experience as pleasant as possible by making the necessary improvements. The Customer’s consent is required for the use and storage of these cookies.
The Customer may consult the list of cookies used by the Seller directly on the Site. The Customer may also refuse targeted advertising via a message box that appears when visiting the Site.
The Customer has the right to modify or withdraw his consent to cookies at any time directly on the Site or by going to https://optout.aboutads.info/?c=3&lang=fr. Only the consent for strictly necessary cookies cannot be modified/withdrawn. In addition, the Customer is made aware that certain functionalities of the Site may be restricted if his consent is modified and/or withdrawn.
For more information on how advertising cookies work, the Customer may consult the information page of the Network Advertising Initiative (NAI) at the following address: http://www.networkadvertising.org/understanding- online-advertising/how-does-it-work.
Article 6 – Plugins and other integrations of third-party offers
Our digital offers are linked to third-party functions and systems, in particular through the integration of plugins from third-party social networks such as Facebook, Instagram and LinkedIn or search engines such as Google.
If the Customer has a customer account with these third parties, these third parties may also be able to measure and analyse the use of the Seller’s digital offerings.
Article 7 – Sharing of Customer Personal Information
The Seller may share the Customer’s Personal Information with third parties who may perform technical and organisational services on behalf of the Seller which the Seller requires for the fulfilment of the aforementioned purposes of use or the Seller’s general business activity. This may be, for example, a hosting partner or a delivery service, etc.
For example, the Seller uses WordPress to host its online shop. For more information on how WordPress uses Personal Information, the Customer can visit: https://www.wordpress.fr/legal/confidentialite.
The Seller also uses Google Analytics to better understand how Customers use the Site – for more information on how Google uses Personal Information, the Customer can visit https://www.google.com/intl/fr/policies/privacy/. Customers can also disable Google Analytics here: https://tools.google.com/dlpage/gaoptout.
The Seller may pass on the Customer’s personal information to other persons to the extent required to provide the services requested by the Customer, or for the purpose of improving its offers, services or other quality procedures.
Finally, the Seller may also share Customer Personal Information to comply with applicable laws and regulations, to comply with any other lawful request for information that the Seller receives from an authority, or to protect its rights.
Please also note that Customer Information may be transferred outside Europe.
The Seller’s service providers are mainly located in Switzerland and the European Union where appropriate protection of personal data is provided. If a service provider is located in a country whose data protection laws do not guarantee personal data protection comparable to that of Switzerland, the Seller shall apply the precautions set out in Art. 6 para. 2 DPA.
Article 8 – Customer rights
The Customer has a right of access, a right of rectification, a right of deletion (“right to be forgotten”), a right to limit the processing and a right to object to the processing of Personal Information that the Seller holds about him.
The Customer may at any time request that the Data be corrected, updated or deleted. In addition, the Customer has the right to lodge a complaint with the competent supervisory authorities in his place of residence, place of work or place of the alleged data protection violation.
The Customer may object at any time to the receipt of advertising and to the processing of his/her Data for marketing and advertising purposes (right to object), where the Seller does so in order to improve its product and service offerings (newsletters). In such a case, the Seller will not collect or process the Customer’s personal data for these purposes in the future.
If the Customer wishes to exercise the rights listed above, he should contact the Seller using the contact details specified under the heading “CONTACT” (art. 11 below).
Article 9 – Duration of storage of your data
The length of time that personal data is kept may vary depending on the purpose for which it is collected. However, it does not exceed the legal or necessary duration of the processing.
When the Customer places an order through the Site, the Seller keeps the Information on his order in its files, unless and until the Customer asks the Seller to delete it. In the latter case, the Information shall be deleted after the expiry of the time limits for the retention of Data for commercial and tax law purposes. The Seller reserves the right to keep data beyond these periods without opposition from the Customer for statistical purposes.
Article 10 – Security of your data
The Seller takes technical and organisational security measures in accordance with the current state of the art in order to protect the Personal Information processed against intentional or accidental manipulation, loss, destruction, disclosure or access by unauthorised third parties.
However, the Seller draws the Customer’s attention to the fact that the transmission of Data via the Internet may have security gaps and that despite frequent checks, the Seller cannot avoid all dangers.
Article 11 – Changes
Article 12 – Contact
To learn more about the privacy practices of the Seller or if the Client has any questions or wishes to file a complaint or exercise one of his rights under Article 11 above, he can contact the Seller by e-mail at email@example.com, or by mail at the following address AudioVitality SA, Rue Pichard 13, 1003 Lausanne.