Privacy Policy

Fairberry, Petit-bois 24, 1113 St-Saphorin-sur-Morges, is the operator of the www.fairberry.com website and the services offered on it. It is therefore responsible for the collection, processing and use of your personal data and for ensuring that data processing complies with the applicable data protection legislation.

Your trust is important to us, which is why we take data protection very seriously and ensure appropriate security.It goes without saying that we comply with the legal provisions of the Federal Act on Data Protection (FADP), the Ordinance to the Federal Data Protection Act (DPA), the Telecommunications Act (TCA) and other data protection provisions of any applicable Swiss or EU legislation, in particular the General Data Protection Regulation (GDPR).

To find out what personal data we collect about you and for what purposes we use it, please read the information below carefully.

  1. Consultation of our website

When you visit our site, our servers temporarily record each access in a log file. The following technical data is then captured, in principle as with any connection to a web server, captured without any intervention on your part and stored by us for as long as is necessary for the purposes of this privacy policy, in particular for the fulfilment of our contractual and legal obligations :

– the IP address of the computer accessing the site,

– the name of the owner of the IP space (usually your Internet Service Provider),

– the website from which you accessed our site (original URL) and possibly the search keywords used,

– the website from which you accessed our site (original URL) and possibly the search keywords used,

– the name and URL of the file being viewed,

– the status indicator (e.g. error message),

– your computer’s operating system,

– the browser you are using (type, version and language),

– the communication protocol used (e.g. HTTP/1.1) and

– possibly your username from a registration/authentication.

The purpose of collecting and processing this data is to enable the use of our website (establishment of a connection), to guarantee the long-term security and stability of the system and to optimise our online offer, but also for internal statistical purposes. These processing operations are based on our legitimate interest in accordance with Art. 6 para. 1 let. f GDPR.

  1. Customer Account Creation

To place orders in our online shop, you can order as a visitor or create a customer account. When you register for a customer account, we collect the following data:

– first name and surname

– home address

– email address

– password

This data is collected for the purpose of providing the customer with direct, password-protected access to their master data, which is stored in our system. Here the customer can view completed and current orders or manage/modify their personal data.

Your consent in accordance with Art. 6 para. 1 let. a GDPR is the legal basis for the processing of data for this purpose.

  1. Purchase in the online shop

If you wish to place orders in our online shop, we require the following data for the execution of the contract:

– first name and surname

– billing address (if different from the delivery address)

– payment information (depending on the chosen payment method)

– Phone

Unless otherwise stated in this privacy policy or unless you have given us your separate consent, we will only use the above-mentioned data to execute this contract, in particular to process your orders, deliver the products ordered and ensure that payment is made correctly.

The execution of a contract according to Art. 6 para. 1 let. b GDPR is the legal basis for the processing of data for this purpose.

  1. Transfer of data to third parties

We only transfer your personal data if you have expressly consented to this, if we are under a legal obligation to do so, or if this is necessary in order to assert our rights, in particular to assert our rights arising from the contractual relationship.

In addition, we transfer your data to third parties as far as this is necessary for the use of the website and the fulfilment of the contract (including outside the website), in particular for the processing of your orders. This includes the forwarding agent responsible for dispatching the ordered goods. Our web host service provider SiteGround to whom we transmit the personal data collected via the website, or who has or can have access to such data. The website is hosted on servers in Amsterdam. The purpose of the data transmission is to provide and maintain the functionality of our site. This is in our legal interest pursuant to art. 6 para. 1 let. f GDPR .

In addition, we transmit your credit card information to the issuer and acquirer of your credit card when you pay by credit card on our site. If you choose to pay by credit card, you must enter all the necessary information. The legal basis for the transfer of data in this case is the fulfilment of a contract in accordance with Art. 6 para. 1 let. b GDPR. Regarding the processing of your credit card information by these third parties, please also read the general terms and conditions and the privacy policy of your credit card issuer.

  1. Data transmission abroad

We are also entitled to transmit your personal data to third party companies (commissioned service providers) abroad for the data processing specified in this privacy policy. These companies are subject to the same level of data protection as we are. If the level of data protection in a given country does not correspond to the Swiss or European level, we will draw up a contract to ensure that the protection of your personal data always corresponds to that of Switzerland or the EU.

  1. Cookies

Cookies help in various ways to make your visit to our site simpler, more pleasant and more useful. Cookies are files containing information that your web browser automatically saves on your computer’s hard drive when you visit our site.

For example, we use cookies to offer you the shopping cart function on several pages and to temporarily store information you enter when you fill out a form on our site so that you do not have to enter it a second time when you visit another page. In addition, cookies may also be used to identify you as a registered user following your registration on our site. This saves you from having to log in again when you visit another page.

Most web browsers automatically accept cookies. However, you can con figure your browser so that it does not store any cookies on your computer or so that a message appears each time you receive a new cookie. Disabling cookies may prevent you from using all the features of our site.

  1. Tracking-Tools

General

In order to present our website in an appropriate manner and to continuously optimise it, we use the Google Analytics audience analysis service. In this way, we create pseudonymised user profiles and use small text files stored on your computer (“cookies”). The information generated by the cookie about your use of this website is transmitted to the servers of the providers of these services and stored and processed for us. In addition to the data specified in section 1 below, we may also receive the following information:

– Browsing path taken by a visitor to the site,

– Duration of the visit on the site or on the page,

– The page from which the visitor leaves the site,

– The country, region or city from which access takes place,

– device (type, version, colour depth, resolution, width and height of the navigation window)

– Recurring or new visitor.

The information is used to analyse the use of the website, to compile reports on website activities and to provide other services related to the use of the website and the Internet for market research purposes and for the appropriate presentation of the website. This information may also be passed on to third parties if required by law or if these third parties are commissioned to process this data.

Google Analytics

The provider of Google Analytics is Google Inc, a company of the US-based holding company Alphabet Inc. Prior to the transmission of data to the provider, the IP address is abbreviated by activating IP anonymization (“anonymizeIP”) on this website within the Member States of the European Union or in other states that have signed the Agreement on the European Economic Area. Google will not combine the anonymized IP address transmitted by your browser with any other data collected by Google Analytics. In exceptional cases, the complete IP address is transmitted to a Google server in the USA and then abbreviated. In this case, we ensure through contractual guarantees that Google Inc. complies with a sufficient level of data protection. According to Google Inc. the IP address will not be combined with any other data about the user.

Further information on the web analytics service used can be found on the Google Analytics website. How to prevent the processing of your data by the web analytics service can be found at https://tools.google.com/dlpage/gaoptout?hl=en

  1. Note on data transmissions to the United States

For the sake of completeness, we would like to inform users whose domicile or registered office are in Switzerland that the United States is subject to surveillance measures by the US authorities. These generally allow the recording of all personal data of persons whose data has been transmitted from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the purpose pursued and without any objective criteria which would make it possible to limit the access of the US authorities to the data and their subsequent use to very precise and strictly limited purposes which could justify the infringement entailed by the access to and use of that data. In addition, we inform you that in the United States there is no legal recourse for individuals in Switzerland to access, correct or delete data concerning them, nor is there effective judicial protection against general access rights of the US authorities. We explicitly draw the subject’s attention to this legal and factual situation so that he or she can make an informed decision about consenting to the use of his or her data.

We inform users domiciled in an EU Member State that, according to the EU, the US – in particular due to the issues mentioned in this section – does not have a sufficient level of data protection. Since we have explained in this privacy policy that some data recipients (e.g. Google) are based in the USA, we will ensure either through contractual regulations towards these companies or through their certification according to the EU-US data protection shield or Swiss-US data protection shield, that your data is provided with a reasonable level of protection by our partners.

  1. Right to information, correction, deletion and limitation of processing; right to data portability

You have the right to obtain, on request, information about the personal data we store about you. Furthermore, you have the right to correct incorrect data and to have your personal data deleted as long as there is no legal obligation to retain the data or no legal basis for us to process the data, and you also have the right to demand the return of the data you have provided us with (right to data portability). On request, we will also transmit the data to a third party of your choice.

You have the right to obtain the data in a standard format.

  1. Data security

We use appropriate technical and organisational security measures to protect the personal data we store about you against manipulation, partial or total loss and against unauthorised access by third parties. Our security measures are constantly improved in line with technological progress.

You should always keep your access data confidential and close the browser window when you have finished communicating with us, especially if you are not the only person using the computer.

We also take data protection within our company very seriously. Our employees and the service providers we commission are subject to secrecy and to compliance with the legal provisions on data protection.

  1. Data storage

We only store personal data for as long as is necessary for the use of the above-mentioned monitoring and analysis services and for further processing based on our legitimate interest. We store contract data for a longer period of time since this is prescribed by legal retention obligations. The retention obligations that oblige us to retain data derive from financial accounting provisions and tax law. In accordance with these provisions, business communications, concluded contracts and accounting documents must be kept for a maximum of 10 years. As soon as these data are no longer needed for the performance of the services, they will be blocked. The use of this data will be reserved for tax and accounting purposes.

  1. Right to file a complaint with a data protection supervisory authority

You are entitled to file a complaint with a data protection supervisory authority.

  1. Commercial prospecting by e-mail with newsletter subscription

We send you commercial prospecting by e-mail on the legal basis of your express consent collected when you register for the newsletter or when you tick the “receive newsletter” box on the purchase summary page.

If you no longer wish to receive commercial canvassing by e-mail, you can let us know at any time by one of the following means:

 – clicking on the unsubscribe link in each email

– send an email to our contact email

  1. Contact

If you have any questions about this privacy policy, please contact: Hello@fairberry.com

Lausanne, 2020

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