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Privacy Notice

Last modification : 12.09.2021

The security and protection of your Personal Data is one of the top priorities of U’Go Services, a company duly incorporated under the laws of France, with company registration number 899621783 and with official address at 5 Rue Florence Arthaud, 91300 Massy, France (the “Company, “us” or “we”).

This Privacy Notice (the “Notice”) describes how your Personal Data is collected, used, and shared when you visit or make a purchase from  https://shop.swissborg.com/ (the “Website”).

Capitalized terms not defined in this Notice shall have the meaning given to them in our Terms and Conditions.

1. DEFINITIONS

‘Consent’ shall mean any freely given, specific and informed indication of his/her wishes by which a Data subject signals agreement to the Processing of Data relating to him/her.

‘Data Controller’ shall mean the natural or legal person, which, alone or jointly with others, determines the purposes and means of the Processing of Data and who is in charge of this Processing.

‘Data subject’ shall mean natural or legal persons whose Data is processed, whether it is a User or a Visitor.

‘Disclosure’ shall mean making Data accessible, for example by permitting access, transmission or publication.

‘Personal Data’ shall mean all information relating to an identified or identifiable person.

‘Personal Data Breach’ shall mean a breach of security leading to the accidental or unlawful destruction, loss or alteration of – or to the unauthorized Disclosure of, or access to – Data transmitted, stored or otherwise processed.

‘Processing’ shall mean any operation or set of operations – by automated and other means – that is performed upon Data or sets of Data, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmitting, disseminating or otherwise making available, aligning or combining, or erasing.

‘Recipient’ means third, public authority, agency or other body – that is, someone or something other than the Data subject or the Company – to which the Data is disclosed.

 

 

  1. PERSONAL DATA WE COLLECT

The Company shall collect Personal Data from both natural or legal persons who browse the Website (the “Visitors”) and from natural persons who are users of the Website (the “Users”).

When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or Products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

  • Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • Web beacons,” “tags”, and “pixels” are electronic files used to record information about how you browse the Website.

Additionally when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including, but not limited to, your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Data” in this Notice, we are talking about Personal Data, Device Information and Order Information.

3. ACCEPTANCE

Visitors and/or Users acknowledge that the Company may collect and process a certain number of Data that relate to them and that they have read and understood this Notice and agree to be bound by it and to comply with all applicable laws and regulations.

In particular, the Consent for the Processing of Data is given once the Visitor and/or the User ticks the box in the pop-up window which says “This website uses cookies to ensure you get the best experience on our website. By continuing to use our website, you agree to our Cookies Policy”.

The Consent is also given when the Users freely submit to the Company the Data required to become a User. This latter understands and agrees that the Company is free to use these Data within the limit provided by law and this Notice.

If you do not agree with the terms and conditions of this Notice, please do not become a User and refrain from using and/or browsing the Website.

  1. HOW DO WE USE DATA

(a) Data

We use the Data that we collect generally to fulfill any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use the Data to:

  • Communicate with you;
  • Provide you with information about new Products available, promotions, special offers and other information;
  • Personalize the promotional offers, in particular based upon your activity and your transaction history;
  • Answer to your questions and comments, in our sole discretion;
  • Prevent potentially prohibited or illegal activities;
  • Conduct research and compile statistics on usage patterns;
  • Process orders;
  • Manage the accounts;
  • Enforce the Terms and Conditions;
  • Comply with our legal requirements.

In particular, we use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally, we use the Data we collect to better understand the interests of the Visitors and/or Users of our Website, to improve our Website, Services, and Products.

Finally, If you contact us via email to the contacts set out on the Website, we will keep a record of that correspondence.

b) Collect of the cookies

A Cookie is a piece of information that is placed automatically on your computer’s hard drive when you access certain websites. The Cookie uniquely identifies your browser to the server. Cookies allow the Company to store information on the server (for example language preferences, technical information, click or path information, etc.) to help make the web experience better for you and to conduct Website analysis and Website performance review. Most web browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of the Website may not work properly if you refuse cookies.

c) Use of Google Analytics

The Website uses Google Analytics, an Internet site analysis service supplied by Google Inc. (“Google”). Google Analytics uses cookies which are text files placed on your computer to help to analyse the use made of the Website by its users. The data generated by the cookies concerning your use of the Website (including your IP address) will be forwarded to, and stored by Google on servers located outside of Switzerland. Google will use this information to evaluate your use of the Website, compile reports on site activity for its publisher and provide other services relating to the activity of the Website and the use of the internet. Google may release these data to third parties if there is a legal obligation to do so or when the third parties process these data for the account of Google including, in particular, the publisher of the Website. Google will not cross-reference your IP address with any other data held by Google.

You may deactivate the use of cookies by selecting appropriate parameters on your navigator. However, deactivation of this kind might prevent the use of certain functions of the Website. By using the Website, you specifically Consent to the Processing of your Personal Data by Google under the conditions and for the purposes described above. You can read more about how Google uses your Data here : https://policies.google.com/privacy?hl=en_US.

  1. THIRD-PARTY DISCLOSURE

We share your Data with third parties to help us use your Data, as described above. For example, we use Shopify Inc. to power our Online Store (you can read more about how Shopify uses your Data here : https://www.shopify.com/legal/privacy).

Your phone number, name and purchase information will be shared with our SMS platform SMSBump Inc., a European Union company with offices in Sofia, Bulgaria. This Data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to this text messages operator to fulfill their delivery.

The Company may share your Data to any other relevant third parties, in particular if we are requested to do so to comply with a court order or law enforcement authorities request, or if we find it necessary, as determined in the Company’s sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law.

In any case where cross-border transfer is done, the Company ensures that an adequate protection is guaranteed for Data to be transferred outside of Switzerland and the European Economic Area (hereinafter: the “EEA”). In some specific cases when this level of protection is not guaranteed, the Company will obtain your prior Consent or establish with the Recipient of Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. You may request access to a copy of these safeguards by contacting the Company.

Unless otherwise stated, the third parties who receive Data from the Company are prohibited to use this Data beyond what is necessary to provide the product or service to you, directly or by participating in the Company’s activities.

 

6. PRINCIPLE FOR PROCESSING DATA

While Processing Data, the Company will respect the following general principle:

a) Fairness and lawfulness

When Processing Data, the individual rights of the Data subjects must be protected. Data must be collected and processed lawfully, in a fair manner, in good faith and must be proportionate to the objective.

b) Restriction to a specific purpose

Data handled by the Company should be adequate and relevant to the purpose for which they are collected and processed. This requires, in particular, ensuring that the types of Data collected are not excessive for the purpose for which they are collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

c) Transparency

The Data subject must be informed of how his/her Data is being handled. When the Data is collected, the Data subject must be informed of:

  • The existence of the present Notice;
  • The identity of the Data Controller;
  • The purpose of Data Processing;
  • Third-parties to whom the Data might be transmitted.
d) Consent of the Data subject

Data must be collected directly from the individual concerned and the Consent of the Data subject may be required before Processing Data. The Consent must be obtained in writing or electronically for the purposes of documentation. The Consent is valid only if given voluntarily. If, for any reason, the Consent of the Data subject is not given before Processing Data, this one should be secured in writing as soon as possible after the beginning of the Processing.

Data can be processed without Consent if it is necessary to enforce a legitimate interest of the Company. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature. The Processing of Data is also permitted if national legislation requests, requires or allows this.

e) Accuracy

Data kept on file must be correct and if necessary, kept up to date. Inaccurate or incomplete Data should not be kept on file and deleted.

  1. DO NOT TRACK

Please note that we do not alter our Website’s data collection and use practices when we see a “Do Not Track” signal from your browser.

  1. YOUR RIGHTS

GDPR

You have the right to request access to or information about the Data relating to you which is processed by the Company.

Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Data; (ii) oppose the Data Processing; (iii) limit the use and Disclosure of your Data; and (iv) revoke Consent to any of our Data Processing activities, if the Company is relying on your Consent and does not have another legal basis to continue Processing your Data.

These rights can be exercised by contacting us through the contact information provided in Section 17 hereunder, attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Information multiple times in the last twelve (12) months or if the request generates an extremely high workload). In such cases, the Company may charge you a reasonable request fee according to applicable laws.

The Company may refuse, restrict or defer the provision of Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

CCPA

If you are a resident of California, you have the right to access the Data we hold about you (also known as the “Right to Know”), to port it to a new service, and to ask that your Data be corrected, updated, or erased. If you would like to exercise these rights, or if you would like to designate an authorized agent to submit these requests on your behalf, please contact us through the contact information provided in Section 17 hereunder.

9. STORAGE OF YOUR DATA

Your Data will be stored in Europe. You agree that the Company may store your Data in any country of the EEA, including Switzerland.

The storage as well as the Processing of your Data may require that your Data are ultimately transferred/transmitted to, and/or stored at a destination outside of your country of residence, notably Switzerland. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or Processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.

  1. DATA RETENTION

When you place an order through the Website, we will maintain your Order Information for our records unless and until you ask us to delete this information.

In accordance with applicable laws, the Company will use your Data for as long as necessary to satisfy the purposes for which your Data was collected or to comply with applicable legal requirements.

11. PORTABILITY OF YOUR DATA

You also have the right to receive your Data, which you have provided to the Company with, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Company.

These rights can be exercised by contacting us through the contact information provided in Section 17 hereunder, attaching a copy of your ID. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

The request is free of charge unless your request is unfounded or excessive (e.g. if you have already requested such Personal Information multiple times in the last twelve months or if the request generates an extremely high workload). In such cases, the Company may charge you a reasonable request fee according to applicable laws.

The Company may refuse, restrict or defer the provision of Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

12. PRIVACY BY DESIGN AND BY DEFAULT

The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the GDPR and protect your rights.

The Company will implement appropriate technical and organizational measures for ensuring that, by default, only Data which are necessary for each specific purpose of the Processing are processed. This obligation applies to the amount of your Data we collect, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default your Data are not made accessible without your intervention to an indefinite number of third parties.

 

  1. CHANGES

The Company may modify this Notice from time to time, and will post the most current version on the Website. If a modification reduces your rights, we will inform you by email.

 

14. DATA CONTROLLER

The Data Controller is U’Go Services, with a registered address at 5 Rue Florence Arthaud, 91300 Massy, France, and with company registration number 899621783.

 

15. LINKS

The Website may contain links which direct you to third party websites. The Company rejects any liability relating to the privacy policy in force on said third party websites, the collection and use of your Personal Information by the latter and relating to the contents of said websites (whether the links are hypertext links or deep-links).

Furthermore, you acknowledge and agree that using our Website could imply downloading other applications. Under no circumstances the Company shall be liable for the utilization of these other applications, especially with regard to the data protection rules.

16. JURISDICTION AND GOVERNING LAW

This Notice and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.

Any dispute relating to this Notice must exclusively be brought before the courts of Lausanne, subject to an appeal to the Swiss Federal Court.

17. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at shop@swissborg.com or by mail using the details provided below:

U’Go Services

5 Rue Florence Arthaud, 91300 Massy, France