Terms & Conditions

We, Luxcessory GmbH, Steckbornerstrasse 23, 8535 Herdern, are the operator of the website www.luxcessory.ch (hereinafter referred to as the “Website”) as well as the provider of the products offered thereon and are therefore responsible for the collection, processing and use of your personal data and the compliance of the data processing with the applicable data protection law, in particular Swiss data protection law.

Your trust is important to us. That is why we take the issue of data protection seriously and ensure appropriate security. Consequently, we consider it a matter of course to comply with the legal requirements of the Swiss Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (FADP), the Telecommunications Act (TCA) and other provisions of Swiss data protection law.

To help you understand what personal information we collect from you and for what purposes we use it, please review the information below. Please note that the following information is subject to review and change from time to time. We therefore recommend that you regularly review this privacy policy.

1. scope and purpose of the collection, processing and use of personal data

a) when visiting www.luxcessory.ch

When you visit our website, our servers temporarily store each access in a log file. The following data is collected without your intervention and stored by us until automated deletion after fourteen days:

• the IP address of the requesting computer
• the date and time of access
• the name and URL of the retrieved file
• the website from which the access was made
• the operating system of your computer and the browser you are using
• the country from which you have accessed
• the name of your Internet access provider

The collection and processing of this data is done for the purpose of enabling the use of our website (connection establishment), to ensure system security and stability on a permanent basis and to enable the optimization of our Internet offering, as well as for internal statistical purposes.

The aforementioned information is not linked to or stored with personal data. Only in the event of an attack on the website’s network infrastructure or suspicion of other unauthorized or abusive website use will the IP address be evaluated for the purpose of clarification and defense and, if necessary, used in criminal proceedings to identify and take civil and criminal action against the users concerned.

b) when registering for a user account

The entry of personal data for the creation of your user account on our website is voluntary. This concerns:

• Salutation
• First name*
• Last name*
• Date of birth*
• E-mail address*
• Password*

For certain personal data marked with *, truthful entry is mandatory. We require the data for the processing and administration of our website, for checking the plausibility of the data entered, i.e. for the establishment, content design, processing and modification of the contractual relationships concluded with you via your user account. The e-mail address and the password together form the login data.

The data in the customer account can be viewed and changed by the customer at any time. Finally, a customer may request the complete deletion of the customer account.

The legal basis of the processing of your data for the preceding purpose is the fulfillment of a contract pursuant to Art. 6 para. 1 lit. b EU-DSGVO and in our legitimate interest in the best possible administration of the customer relationship with you (Art. 6 para. 1 lit. f EU-DSGVO). You can object to this data processing at any time, but this would be tantamount to deleting your customer account.

c) when using the website as a registered user

During the use of the website by logged-in registered users, we collect data for statistical reasons and to enable the smooth functioning of the portal. In particular, the following data are collected:

• the type, frequency and intensity of use of the website
• the duration of your membership
• the orders placed
• the composition of the shopping cart

The legal basis for processing your data for this purpose is the fulfillment of a contract pursuant to Art. 6 para. 1 lit. b EU-DSGVO as well as in our legitimate interest in optimizing our website offer and personalizing our offer to you (Art. 6 para. 1 lit. f EU-DSGVO). You can object to this data processing at any time, but this would be tantamount to deleting your customer account.

d) in case of a purchase

If you would like to buy a product on our site, we need various data for the processing of the purchase contract. It is mandatory that you provide the following data:

• Name and first name
• Postal address (street, house number, postal code, city, country)
• E-mail address
• Information within the scope of payment
• Login data (for registered customers)

The provision of any additional data is voluntary.

As far as you are registered and have a customer account, we store your data in the customer account for the next purchase.

For certain offers, additional information is required from you. You will be referred to this additional information in each case during the purchase process.

The legal basis for the processing of your data for the preceding purposes is the fulfillment of a contract according to Art. 6 para. 1 lit. b EU GDPR.

e) when using the contact form

If you contact us using the contact form on the website, we collect the following data from you:

• First name and surname (possibly company)
• Address (street, city, country)
• E-mail address
• Communication

We use this data exclusively to answer the questions you have asked or to provide the services you have requested. The collection of your first and last name allows us to provide targeted customer service to existing customers. Furthermore, the collection of your country of residence allows us to inform you of any country-specific conditions.

In the processing of your contact request is our legitimate interest pursuant to Art. 6 para. 1 lit. f EU-DSGVO.

2. use of your data for advertising purposes

a) Newsletter / e-mail advertising / online advertising

You will only receive a newsletter from us if you expressly request it. This requires registration on the website. The following data must be provided as part of the registration process:

• E-mail address
• Name and first name

We will use your data for the newsletter mailing until you revoke your consent. You can revoke your consent at any time. In addition, you will find an unsubscribe link in all newsletter emails.

We work with an email marketing software Mailchimp of the company The Rocket Science Group, LLC 675 Ponce de Leon Ave NE Suite 5000 when sending the newsletter. Atlanta, GA 30308 USA. For this purpose, the e-mail address is stored on a Mailchimp database system.

Our newsletter may contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1×1 pixel invisible graphic associated with the user ID of the respective newsletter subscriber.

For each newsletter sent, there is information about the address file used, the subject and the number of newsletters sent. In addition, it is possible to see which addresses have not yet received the newsletter, to which address it was sent and for which addresses the dispatch failed. You can also see which addresses have opened the newsletter. Last but not least, the information about which addresses have unsubscribed. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This allows us to better tailor the information and offers in our newsletter to the individual interests of the recipients. The tracking pixel is deleted when you delete the newsletter.

By registering, you give us your consent to process the data provided for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of user behavior as well as the optimization of the newsletter. This consent constitutes in the sense of Art. 6 para. 1 lit. a EU-DSGVO constitutes our legal basis for the processing of data for the newsletter.

b) Re-targeting

We use so-called re-targeting technologies. This involves analyzing your user behavior on our website in order to subsequently offer you advertising tailored to your individual needs on partner websites as well. Your user behavior is recorded pseudonymously.

Most re-targeting technologies work with cookies (see section 7 below).

This website uses Doubleclick by Google, a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), to serve ads based on the use of previously visited websites. Google uses the so-called DoubleClick cookie for this purpose, which enables recognition of your browser when visiting other websites. The information generated by the cookie about your visit to this website (including your IP address) will be transmitted to and stored by Google on servers in the United States (for more information about transfers of personal data to the United States, see section 8 below).

Google will use this information for the purpose of evaluating your use of the website in relation to the advertisements to be displayed, compiling reports on website activity and advertisements for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. However, Google will not associate your IP address with any other data held by Google. Google is listed as a Privacy Shield participant. The Privacy Shield agreement between the EU and the USA guarantees minimum standards in data protection. You can find more information about data protection at Google here.

We also use Google Tag Manager to manage usage-based advertising services. The Tag Manager tool itself is a cookieless domain and does not collect any personal data. Instead, the tool triggers other tags, which in turn may collect data (for this, see above). If you have deactivated at the domain or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.

You can prevent re-targeting at any time by rejecting or switching off the relevant cookies in the menu bar of your web browser (see section 7 below).

The legal basis for processing the data for the preceding purposes lies in our legitimate interest in interest-based and personalized promotional communication with you (Art. 6 (1) lit. f EU-DSGVO).

3. disclosure of data to third parties or granting of access to data to third parties

We will only pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship. In addition, we disclose your data to third parties to the extent necessary in the context of the use of the website and the execution of contracts, namely the processing of your orders, the processing of your purchases, the delivery of your ordered products and their payment, for the provision of services requested by you and the analysis of your user behavior. The use by the third parties of the data disclosed for this purpose is strictly limited to the aforementioned purposes.

Various third-party service providers are explicitly mentioned in this privacy statement (e.g. in the sections “Newsletter”, “Tracking Tools”, “Re-targeting” and “Social Plugins”).

A service provider to whom the personal data collected via the website is transferred or who has or may have access to it is our web hosterHostpoint AG, Neue Jonastrasse 60, 8640 Rapperswil-Jona. The website is hosted on servers in Switzerland.

Finally, when you pay by credit card on the Site, we forward your credit card information to your credit card issuer and to the credit card acquirer. If you choose to pay by credit card, you will be asked to enter all mandatory information in each case. Regarding the processing of your credit card information by these third parties, we ask you to also read the terms and conditions as well as the privacy policy of your credit card issuer. The legal basis of the forwarding is the fulfillment of a contract according to Art. 6 para.1 lit. b EU GDPR.

4. transfer of personal data abroad

We are entitled to transfer your personal data also to third companies abroad, if this is necessary in connection with the processing of your orders, inquiries, the provision of services and marketing campaigns. In doing so, the legal regulations regarding the transfer of personal data to third parties are, of course, complied with. These are obligated to data protection to the same extent as the provider itself. If the level of data protection in a country does not correspond to Swiss or EU data protection law, we contractually ensure that the protection of your personal data corresponds to that in Switzerland or the European Economic Area (EEA) at all times.

Some of the third-party service providers mentioned in this privacy policy are based in the USA (see “Tracking tools”, “Re-marketing” and “Links to our social media presences”). For further information on data transfers to the USA, please refer to Section 8 “Tracking Tools”.

5. right of access, rectification, erasure and restriction of processing; right to data portability; right to complain to supervisory authority

You can object to data processing at any time, especially data processing in connection with direct advertising (e.g. against advertising e-mails). You also have the following rights:

• Right of access: You have the right to request at any time, free of charge, access to your personal data stored by us when we process it. This gives you the opportunity to check what personal data we process about you and that we use it in accordance with applicable data protection regulations.
• Right to rectification: You have the right to have inaccurate or incomplete personal data rectified and to be informed of the rectification. In this case, we will inform the recipients of the data concerned about the adjustments made, unless this is impossible or involves disproportionate effort.
• Right to erasure: You have the right to have your personal data erased under certain circumstances. In individual cases, the right to deletion may be excluded.
• Right to restrict processing: Under certain circumstances, you have the right to request that the processing of your personal data be restricted.
• Right to data transfer: If you are a resident of an EU or EEA member state, you have the right, under certain circumstances, to receive from us, free of charge, the personal data that you have provided to us in a readable format.
• Right of appeal: If you are a resident of an EU or EEA member state, you have the right to lodge a complaint with a competent supervisory authority about the way in which your personal data is processed.
• Right of withdrawal: In principle, you have the right to withdraw your consent at any time. However, processing activities based on your consent in the past will not become unlawful as a result of your revocation.

6. data security

We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously adapted in line with technological developments.

If you register with us as a customer, access to your customer account is only possible after entering your personal password. You should always keep your payment information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.

We also take internal data protection very seriously. Our employees and the service companies commissioned by us are obligated by us to maintain confidentiality and to comply with the provisions of data protection law. Moreover, they are granted access to the personal data only to the extent necessary.

7. cookies

Cookies help in many aspects to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer’s hard drive when you visit our website. Cookies do not damage your computer’s hard drive, nor do they transmit users’ personal data to us.

For example, we use cookies to identify you as a registered user without requiring you to log in separately. The use does not result in us obtaining any new personal data about you as an online visitor.

Most Internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears when you receive a new cookie.

Disabling cookies may prevent you from using all the features of our website.

8. tracking tools

a) Google Analytics

For the purpose of demand-oriented design and continuous optimization of our pages, we use the web analysis service Google Analytics from Google. In this context, pseudonymized usage profiles are created and small text files that are stored on your computer (“cookies”) are used. The information generated by the cookie about your use of this website such as

• Browser type/version
• Operating system used
• Referrer URL (the previously visited page)
• Host name of the accessing computer (IP address)
• Time of the server request
• Device

are transferred to Google servers in the USA and stored there. In doing so, the IP address is shortened by activating IP anonymization (“anonymizeIP”) on this website before transmission within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. The anonymized IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. In these cases, we provide contractual guarantees to ensure that Google maintains a sufficient level of data protection.

The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. According to Google, in no case will the IP address be associated with other data concerning the user.

Users can prevent the collection of the data generated by the cookie and related to the website usage by the respective user (including the IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link:

http://tools.google.com/dlpage/gaoptout?hl=de

The legal basis for processing the data for the preceding purposes is our legitimate interest in optimizing and personalizing our website and the services offered on it (Art. 6 para. 1 lit. f EU-DSGVO).

For the sake of completeness, we would like to point out that there are surveillance measures in place in the U.S. by U.S. authorities that generally permit the storage of all personal data of all persons whose data have been transferred from the Union to the U.S.. This happens without differentiation, limitation or exception based on the objective pursued, and without an objective criterion that allows limiting the access of the U.S. authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the interference associated both with the access to these data and with their use.

We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union – among other things due to the issues mentioned in this section. To the extent that we have explained in this Privacy Policy that recipients of data (e.g., Google) are located in the U.S., we will ensure, either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU or Swiss-US Privacy Shield, that

9. links to our social media presences and social plugins

a) Links to social media networks

On our website you will find links to social media networks. These are not plug-ins provided by the provider, which, without the user having any influence, already transmit data to the provider when the page is loaded. Behind the buttons to the social media networks, there is only a link to the social media network incl. Handover of the site to be shared. No user data is transmitted from the website to the social media network.

The links lead to the following networks:

• Meta Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA,
• LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland
• Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
• YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA

When you access a link to one of our social media profiles, a direct connection is established between your browser and the server of the social network in question. This provides the network with the information that you have visited our website with your IP address and called up the link. If you access a link to a network while logged into your account with the network in question, the content of our site may be linked to your profile with the network, which means that the network can assign your visit to our website directly to your user account. If you want to prevent this, you should log out before clicking on the corresponding links. In any case, an assignment takes place when you log in to the relevant network after activating the link.

b) Social plugins

Social plugins from Facebook are also used on our Internet pages to make the online store more personal. For this we use the “SHARE” button. This is an offer from the US company Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA).

When you visit a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website.

By integrating the plugins, Facebook (Meta) receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by clicking the “TEI-LEN” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information will also be published on Facebook and displayed to your Facebook friends.

Facebook may use this information for the purposes of advertising, market research, and customization of Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.

If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, can be found in Facebook’s privacy policy.

10. retention periods

We store personal data only as long as it is necessary to perform the tracking services mentioned above as well as the further processing within the scope of our legitimate interest. Contractual data is retained by us for longer periods of time, as this is required by legal retention obligations. Retention obligations, which oblige us to retain data, result from accounting regulations and tax regulations. According to these regulations, business communications, concluded contracts and accounting records must be kept for up to 10 years. Insofar as we no longer need this data to perform the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

11. contact person

If you have any questions about data protection on our website, would like to request information or would like to request the deletion of your data, please contact our contact person for data protection law by sending an e-mail to info@luxcessory.ch.

Relevant is the wording in German, the other languages on the website are only translations.

www.luxcessory.ch

Status: August 2023

Relevant is the wording in German, the other languages on the website are only translations.